LAWS OF DELAWARE
VOLUME 83
CHAPTER 448
151st GENERAL ASSEMBLY
FORMERLY
HOUSE BILL NO. 462
AS AMENDED BY
HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ABUSE OF CHILDREN.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 908, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 908. Immunity
from liability, and
special reimbursement
to safe havens
for expenses related
to certain babies.
(a) Any person
person, including an
agency, organization,
or entity, participating
in good faith
in the making
of a report or
notifying police officers
pursuant to this
chapter; assisting in
a multidisciplinary case
as required by
§ 906(b)(4) of this
title; performing a
medical examination without
the consent of
those responsible for
the care, custody,
and control of a
child pursuant to
under § 906(e)
of this title;
or exercising emergency
protective custody in
compliance with § 907
of this title has
immunity is immune
from any liability,
civil or criminal,
that might otherwise
exist, and such
immunity extends to
participation in any
judicial proceeding resulting
from the above
actions taken in
good faith. This
section does not limit
the liability of
any health-care provider
for personal injury
claims due to
medical negligence that
occurs as a
result of any
examination performed pursuant
to this chapter.
Section 2. Amend
§ 909, Title
16 of the
Delaware Code by
making deletions as
shown by strike
through and insertions
as shown by
underline as follows:
§ 909. Privileged
communication not recognized;
judicial proceedings;
disclosure of information.
recognized.
(a) No legally recognized
privilege, except that between
attorney and client
and that between priest
and penitent in a
sacramental confession,
applies to situations
involving known or
suspected child
abuse, neglect,
exploitation, or
abandonment and does
not constitute grounds
for failure to
report as required
by § 903
of this title
or to give
or accept evidence in
any judicial proceeding
relating to child
abuse or neglect.
(b) In any
judicial proceeding involving
the custody of
a child, the
fact that a
report has been
made pursuant to
§ 903 or §
905 of this
title is not
be admissible unless
offered by the
Department as a
party or as
a friend of
the court. However,
this subsection does
not prohibit the
introduction of evidence
from independent sources
to support the
allegations that may
have caused a
report to have
been made. [Repealed.]
(c) To protect
the privacy of
the family and
the child named
in a report,
the Department shall
establish guidelines concerning
the disclosure of
information concerning
the abuse and
neglect involving a
child. The Department
may require persons
to make written
requests for access
to records maintained
by the Department.
The Department may
only release information
to persons who
have a legitimate
public safety need
for such information
or a need
based on the
health and safety
of a child
subject to abuse,
neglect or the
risk of maltreatment,
and such information
may be used
only for the
purpose for which
the information is
released. [Repealed.]
Section 3. Amend
§ 912, Title
16 of the
Delaware Code by
making deletions as
shown by strike
through and insertions
as shown by
underline as follows:
§ 912. The
Child Protection Accountability
Commission. Confidentiality;
disclosure of records.
Transferred to § 931
of this title
by 80 Del.
Laws, c. 187,
§ 8, effective
September 10, 2015.
(a) To protect
the privacy of
the family and
the child named
in a report,
the Department shall
establish guidelines concerning
the disclosure of
information concerning
abuse, neglect, or
risk of maltreatment
involving a child.
The Department may
require a person
to make a
written request for
access to a
record that the
Department maintains.
The Department may
release information only
to a person
who has a
legitimate public safety
need for the
information or a
need based on the
health and safety
of a child
subject to abuse,
neglect, or the
risk of maltreatment.
The information may
be used only for
the purpose for
which the information
is released.
(b) A member
of a multidisciplinary
team may share
all information and
each record received,
prepared, or maintained
by or amongst
members of the
multidisciplinary team
to carry out
the responsibilities of
the multidisciplinary team
under law to
protect children from
abuse and neglect
as authorized by
the federal Child
Abuse Prevention and
Treatment Act [42 U.S.C.
§ 5106a(b)(2)]. A
multidisciplinary team record
is confidential and
may be disclosed
to a person, including
an entity, beyond
the multidisciplinary
team only as
authorized by law
or court rule.
This chapter does
not preclude a member
of a multidisciplinary
team from asserting
a privilege available
under the law
related to the
disclosure of information
or a record.
(c)(1) In a
Family Court civil
proceeding, excluding
a juvenile delinquency
proceeding, a party
may access a record that a
children’s advocacy center
creates and maintains
and is related to a
forensic interview and
use the record in
a court proceeding, but
only if the
Family Court has
found all of
the following:
a. The record
is relevant under
the Family Court
rules governing discovery.
b. Access to
the record will
minimize trauma to
the child.
c. Access to
the record is
in the best
interest of the
child.
(2)a. A subpoena
for a record
may not be
served on a
children’s advocacy center.
Access to a
record under paragraph
(c)(1) of this
section must be
requested by a
written motion filed
with the Family
Court and properly
served on each
party to the
action and the
Department of Justice
Special Victims Unit
for the county
in which the
action is pending. The
party filing the
motion may request
that the motion
be considered on
an expedited basis
in accordance with the
Court’s rules and
procedures.
b. The Department
of Justice has
standing to respond
to a motion
filed under this
section.
c. If, after
review of the
motion and response
to the motion,
if any, the
Family Court finds
that the party who filed the motion failed to a make a prima
facie showing under paragraph (c)(1)
of this section, the Court shall
dismiss the motion.
d. If the
Family Court determines
that a prima
facie showing under
paragraph (c)(1) of
this section has been
made, the Court
shall order the
children’s advocacy center
that conducted the
forensic interview to
produce the record to
the Court for
a confidential review
as the Court
determines is appropriate.
e. If, after
a confidential review
of a requested
record, the Family
Court finds that
the motion satisfies
paragraph (c)(1) of
this section by
a preponderance of
the evidence, the
Court shall permit
access to the
record, subject to
a protective order
under paragraph (c)(4)
of this section.
(3) This subsection
(c) of this
section does not
preclude a member
of a multidisciplinary
team from obtaining a
record under subsection
(b) of this
section and using
the record in
a Family Court
civil proceeding.
(4) A Family Court order
entered under this subsection (c) of this section that
permits access to
a record that a children’s
advocacy center creates
or maintains and
is related to
a forensic interview
the center conducts
must include a
protective order that
does at least
all of the
following:
a. Protects the
identity of the
child interviewee and
any other child
whose identity the
Court determines should
be protected.
b. Protects the
confidentiality of the
information contained
in the record.
c. Limits the
dissemination of the
record and the
information contained
in the record
to the person
that the Family
Court authorizes to
receive or review
the record.
Section 4. This
Act takes effect
90 days after
enactment.
Approved October 10, 2022