Delaware Code Title 16 Sec. 922 – Entry on the Child Protection Registry
The Child Protection Registry must indicate “substantiated for abuse” or “substantiated for neglect” and the Child Protection Level as designated in § 923 of this subchapter for any person who:
(1) Based on the same incident of abuse or neglect on which the substantiation proceeding is premised, has been convicted of any criminal offense set out in § 923 of this subchapter or any offense specified in the laws of another state, the United States or any territory of the United States which is the same as or equivalent to any of the offenses set out in § 923 of this title.
(2) Has been found by the Family Court, in a child welfare proceeding brought by the Department or in which the Department is a party, by a preponderance of the evidence to have abused or neglected a child.
(3) Fails to make a timely written request for a hearing as provided in § 924(a)(2) of this title after being given notice by the Department of its intent to substantiate the person for abuse or neglect and enter the person on the Registry.
(4) Is entered on the Registry by order of the Family Court in a proceeding on a Petition for Substantiation as described in § 925 or § 925A of this title.
(5) Was substantiated for abuse or neglect between August 1, 1994, and February 1, 2003.
73 Del. Laws, c. 412, § ?7; 79 Del. Laws, c. 314, § ?1; 83 Del. Laws, c. 228, § 1;
Terms Used In Delaware Code Title 16 Sec. 922
- Child: means any person who has not reached that person's own eighteenth birthday. See Delaware Code Title 16 Sec. 902
- Child welfare proceeding: means any Family Court proceeding and subsequent appeal therefrom involving custody, visitation, guardianship, termination of parental rights, adoption or other related petitions that involve a dependent, neglected or abused child or a child at risk of same as determined by the Family Court. See Delaware Code Title 16 Sec. 902
- convicted: means entry of a plea of guilty or nolo contendere, regardless of whether the plea was subsequently discharged or dismissed under the first offenders domestic violence diversion program pursuant to § 1024 of Title 10, or under the first offenders controlled substances diversion program pursuant to § 4767 of this title, or of a Robinson plea, or of a probation before judgment discharge without judgment of conviction notwithstanding the provisions of § 4218(g) of Title 11, or a finding of guilt after trial, or a finding of not guilty after trial as a result of the defense of mental disease or defect pursuant to Title 11, or adjudication of delinquency for conduct which if committed by an adult, would constitute a crime; or "conviction" or "convicted" under similar proceedings of another state, territory or jurisdiction. See Delaware Code Title 16 Sec. 902
- Department: means the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Neglect: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
- Registry: means a collection of information as described in Subchapter II of this chapter about persons who have been substantiated for abuse or neglect as provided in Subchapter II of this chapter or who were substantiated between August 1, 1994, and February 1, 2003. See Delaware Code Title 16 Sec. 902
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Substantiation: means a finding by a preponderance of the evidence that abuse or neglect has occurred. See Delaware Code Title 16 Sec. 902
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302