Delaware General Assembly


CHAPTER 296

FORMERLY

HOUSE BILL NO. 503

AN ACT TO AMEND CHAPTER 38, TITLE 31 OF THE DELAWARE CODE REGARDING THE FOSTER CHILD REVIEW ACT AND CHAPTER 101, TITLE 29 OF THE DELAWARE CODE REGARDING THE ADMINISTRATIVE PROCEDURES ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend subsections (1) and (2), §3802, Title 31 of the Delaware Code by striking the words "Child Protective" and they appear in said subsections, and substituting the word "Family" in lieu thereof.

Section 2. Amend §3803, Title 31 of the Delaware Code by striking the word "Child" as it appears in the section heading, and by substituting the word "Care" in lieu thereof.

Section 3. Amend subsection (b), §3803, Title 31 of the Delaware Code by striking the words "a citizen of the United States and" as the same appear in said subsection.

Section 4. Amend subsection (b), §3804, Title 31 of the Delaware Code by striking the words "Child Protective" as they appear in said subsection, and by substituting the word "Family" in lieu thereof.

Section 5. Amend §3805, Title 31 of the Delaware Code by striking the words "2 times per year" and by substituting the words "once a year" in lieu thereof.

Section 6. Amend §3806, Title 31 of the Delaware Code by striking the number "$15" and by substituting the number "$25" in lieu thereof.

Section 7. Amend subsection (10), §3807, Title 31 of the Delaware Code by adding thereto a new sentence at the end of said subsection, which shall read as follows: "The annual report shall be used by the Board to generate additional volunteers for the Board."

Section 8. Amend §3807, Title 31 of the Delaware Code by renumbering current subsection (1) as new subsection (2) and by renumbering each succeeding subsection accordingly.

Second 9. Amend §3807, Title 31 of the Delaware Code by adding a new subsection (1) which new subsection shall read as follows:

"(1) Establish Goals and Objectives to measure its progress in achieving permanent

placement or other goals for children in foster care."

Section 10. Amend subsection (1), §3808, Title 31 of the Delaware Code by striking the final sentence of said subsection in its entirety, beginning with the words "The Department" and ending with the words "in monitoring and evaluation."

Section 11 Amend subsection (a), §3809, Title 31 of the Delaware Code by striking the final sentence of said subsection in its entirety, beginning with the words "Internal reviews" and ending with the words "Review Board."

Section 12. Amend subsection (I), §3811, Title 31 of the Delaware Code by adding a new sentence at the end of said subsection which shall read as follows: "All interested parties shall be encouraged to attend the Board's reviews."

Section 13. Amend subsection (a), §3813, Title 31 of the Delaware Code by striking the words "Child Protective" as the same appear in said subsection, and by substituting the word "Family" in lieu thereof:

Section 14. Amend §3814, Title 31 of the Delaware Code by striking the first sentence of said subsection beginning with the words "The Board" and ending with the words "participating parties" and by substituting the following in lieu thereof:

"The Board shall submit a written report of the review to the placement agency and other participating parties within 15 days, except when a case has been referred to the Executive Committee to resolve an internal issue, in which case the report must be sent out 15 days following the Executive Committee review."

Section 15. Amend §3814, Title 31 of the Delaware Code by designating all of current §3814 as new subsection (a), and by adding a new subsection designated as subsection (b), which shall read as follows:

"(b) The Board and the Division of Family Services shall inform Family Court of the position of the Board regarding the identified Permanency Placement Goal for the child and

current placement of the child."

Section 16. Amend paragraph (1), subsection (a), §3815, Title 31 of the Delaware Code by striking the number "20" as the same appears in said paragraph, and by substituting the number "90" in lieu thereof.

Section 17. Amend §3820, Title 31 of the Delaware Code by striking said section in its entirety, and by renumbering each succeeding section accordingly.

Section 18. Amend subsection (a), §10161, Title 29 of the Delaware Code by renumbering current paragraph (44) as new paragraph (45), and by adding a new paragraph (44), which new paragraph shall read as follows: "(44) Foster Care Review Board."

Approved-June 17, 1998