Sections
Subchapter I Reports and Investigations of Abuse and Neglect 901 – 914
Subchapter II Child Protection Registry 921 – 929
Subchapter III Child Protection Accountability Commission 931 – 935

Terms Used In Delaware Code > Title 16 > Chapter 9

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • adult person: means a person of the age of 18 years or older. See Delaware Code Title 6 Sec. 4307
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Baby: means a child not more than 14 days old, except that for hospitals and their employees and volunteers, "baby" means a child reasonably believed to be not more than 14 days old. See Delaware Code Title 16 Sec. 902
  • Bank: means any bank or bank and trust company organized under this title or any other law or laws of this State, any depository institution organized under the authority of the United States and having its principal place of business in this State and any foreign bank agency. See Delaware Code Title 5 Sec. 941
  • Borrower: means any corporation, partnership, association, government or governmental subdivision or agency, trust, individual or other entity. See Delaware Code Title 5 Sec. 941
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • 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
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Death: means the loss of life of a child. See Delaware Code Title 16 Sec. 902
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
  • Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 101
  • Dependent: A person dependent for support upon another.
  • Director: means the Director of the Division of Family Services of the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
  • Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Family Services of the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
  • Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
  • Family assessment and services: means a case management approach by the Division of Family Services that provides for a prompt assessment of a child and the child's family and the circumstances of the reported incident, including the known history of the child or the alleged perpetrator, when there has been a report to the Division that the child was a victim of abuse or neglect, or at risk of maltreatment by a person responsible for that child's care, custody or control. See Delaware Code Title 16 Sec. 902
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Human trafficking: means as defined in § 787 of Title 11. See Delaware Code Title 16 Sec. 902
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Individual borrower: means a borrower who is a natural person borrowing for personal, household or family purposes. See Delaware Code Title 5 Sec. 941
  • Institutional child abuse or neglect: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
  • Internal information system: means a system of maintaining information related to all reports of abuse, neglect, investigations, family assessments, services and other relevant information. See Delaware Code Title 16 Sec. 902
  • Investigation: means the collection of evidence in response to a report of abuse, neglect, or risk of maltreatment by a person responsible for that child's care, custody or control in order to determine if a child has been abused, neglected, or is at risk of maltreatment. See Delaware Code Title 16 Sec. 902
  • Investigation Coordinator: means an attorney licensed to practice law in this State employed by the Office of the Child Advocate, who is authorized to independently track each reported case of alleged child abuse or neglect within the Department's internal information system and who is responsible for monitoring each reported case involving the death of, serious physical injury to, or allegations of sexual abuse of a child from inception to final criminal and civil disposition. See Delaware Code Title 16 Sec. 902
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 6 Sec. 4307
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Multidisciplinary case: means a comprehensive investigation by the multidisciplinary team for any child abuse or neglect report involving death, serious physical injury, physical injury, human trafficking of a child, torture or sexual abuse, which if true, would constitute a criminal violation against a child, or an attempt to commit any such crime, even if no crime is ever charged. See Delaware Code Title 16 Sec. 902
  • Multidisciplinary team: means a combination of the following entities as required by law to investigate or monitor multidisciplinary cases: the Division, the appropriate law-enforcement agency, the Department of Justice, and the Investigation Coordinator. See Delaware Code Title 16 Sec. 902
  • Near death: means a child in serious or critical condition as a result of child abuse or neglect as certified by a physician. See Delaware Code Title 16 Sec. 902
  • Neglect: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Outstanding unpaid indebtedness: means on any day an amount not in excess of the total amount of purchases and loans charged to the borrower's account under the plan which is outstanding and unpaid at the end of the day, after adding the aggregate amount of any new purchases and loans charged to the account as of that day and deducting the aggregate amount of any payments and credits applied to that indebtedness as of that day and, if the agreement providing the plan so provides, may include the amount of any periodic interest, interest charges and other charges permitted by this subchapter, including late or delinquency charges, which have accrued in the account and which are unpaid at the end of the day. See Delaware Code Title 5 Sec. 941
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Physical injury: means as defined in § 1100 of Title 11. See Delaware Code Title 16 Sec. 902
  • plan: means a plan contemplating the extension of credit under an account governed by an agreement between a bank and a borrower pursuant to which:

    a. See Delaware Code Title 5 Sec. 941

  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • 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
  • Report: means the communication of an allegation of child abuse or neglect to the Division pursuant to § 903 or § 905 of this title. See Delaware Code Title 16 Sec. 902
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
  • Serious physical injury: means as defined in § 1100 of Title 11. See Delaware Code Title 16 Sec. 902
  • Sexual abuse: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantiation: means a finding by a preponderance of the evidence that abuse or neglect has occurred. See Delaware Code Title 16 Sec. 902
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 6 Sec. 4307