(a) An applicant who is applying for examination and licensure under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following criteria:

(1) [Repealed.]

(2) Has not engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter. Applicants who have been or who currently are licensed to practice social work in another jurisdiction must provide the Board with a certified statement to this effect from the board or comparable agency of each jurisdiction in which the applicant has ever been licensed to practice social work. Applicants are deemed to have given consent to the release of such information and waived all objections to the admissibility of such evidence.

(3) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense.

(4) a. Has submitted, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

1. A report from the State Bureau of Identification of the applicant’s entire criminal history record in this State or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that individual.

2. A report of the applicant’s entire federal criminal history record under the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification is the intermediary for purposes of this section and the Board is the screening point for the receipt of the federal criminal history records.

b. An applicant may not be licensed as a social worker until the applicant’s criminal history reports have been produced. The State Bureau of Identification may release any subsequent criminal history to the Board.

(5) Does not have any impairment related to drugs or alcohol or a finding of mental incompetence by a physician, licensed mental health professional, or licensed or certified substance abuse professional that would limit the applicant’s ability to undertake the practice of social work in a manner consistent with the safety of the public.

(6) Has or will provide all information required on the application.

(7) Has not been convicted of a crime that is substantially related to social work. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by affirmative vote of a majority of the quorum, shall waive this paragraph (a)(7). A waiver may not be granted for a conviction of a felony sexual offense.

a.-e. [Repealed.]

(8) Has submitted to the Board reports from child and adult abuse registries in Delaware and every state in which the applicant has ever been licensed or employed, or resided as an adult.

Terms Used In Delaware Code Title 24 Sec. 3907

  • 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.
  • Applicant: means an individual seeking licensure under this chapter. See Delaware Code Title 24 Sec. 3902
  • 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
  • Baccalaureate social worker: means an individual licensed to practice baccalaureate social work. See Delaware Code Title 24 Sec. 3902
  • Board: means the Board of Social Work Examiners. See Delaware Code Title 24 Sec. 3902
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • 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.
  • Licensed clinical social worker: means an individual licensed to practice licensed clinical social work. See Delaware Code Title 24 Sec. 3902
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
  • Oath: A promise to tell the truth.
  • 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.
  • Social work: means baccalaureate social work, master's social work, and licensed clinical social work, collectively or, if context demands, individually. See Delaware Code Title 24 Sec. 3902
  • Social worker: means baccalaureate social worker, master's social worker, and licensed clinical social worker, collectively or, if context demands, individually. See Delaware Code Title 24 Sec. 3902
  • 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
  • Substantially related: means the nature of the criminal conduct for which the individual was convicted has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to social work. See Delaware Code Title 24 Sec. 3902
  • Supervision: means the professional relationship between a clinical supervisor and a social worker that provides evaluation and direction over the services that the social worker provides and promotes continued development of the social worker's knowledge, skills, and abilities to provide social work services in an ethical and competent manner. See Delaware Code Title 24 Sec. 3902

(b) Licensed clinical social worker. —

An applicant who is applying for licensure as a licensed clinical social worker shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following requirements:

(1) Meets the criteria under subsection (a) of this section.

(2) Has graduated and received a master’s or doctoral degree in social work from a program accredited by the Council on Social Work Education or its successor, or has graduated and received a doctoral degree from a program the Board has approved.

(3) Has successfully passed an examination that the Board designated under § 3906(a)(3) of this title.

(4) Has completed 2 years of supervised experience that the Board has approved, under the supervision of a licensed clinical social worker, after receiving a master’s or doctoral degree described in paragraph (b)(2) of this section. If an applicant demonstrates to the Board’s satisfaction and in compliance with the Board’s rules and regulations that a licensed clinical social worker was not available for supervision, the applicant may complete 2 years of supervised experience supervised by a master’s social worker, licensed psychologist, or licensed psychiatrist, if the supervision meets all other requirements established in the Board’s rules and regulations.

(c) Master’s social worker. —

An applicant who is applying for licensure as a master’s social worker shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following requirements:

(1) Meets the criteria under subsection (a) of this section.

(2) Has graduated and received a master’s degree in social work from a program accredited by the Council on Social Work Education or its successor.

(3) Has successfully passed an examination that the Board designated under § 3906(a)(3) of this title.

(d) Baccalaureate social worker. —

An applicant who is applying for licensure as a baccalaureate social worker shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following requirements:

(1) Meets the criteria under subsection (a) of this section.

(2) Has graduated and received a baccalaureate degree in social work from a program accredited by the Council on Social Work Education or its successor.

(3) Has successfully passed an examination that the Board designated under § 3906(a)(3) of this title.

(e) If the Board finds, to its satisfaction, that an application is fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(f) If an applicant believes the Board has denied an applicant without justification, imposed higher or different standards for the applicant than for other applicants or licensees, or in some other manner contributed to or caused the failure of the application, the applicant may, within 30 days of such denial, appeal the Board’s decision to the Superior Court.

63 Del. Laws, c. 462, § ?2; 65 Del. Laws, c. 282, § ?4; 70 Del. Laws, c. 143, § ?1; 77 Del. Laws, c. 224, § ?5; 78 Del. Laws, c. 26, §§ ?1, 2; 79 Del. Laws, c. 277, § ?13; 81 Del. Laws, c. 263, § 8; 83 Del. Laws, c. 433, § 27;

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