Delaware Code Title 16 Sec. 925A – Grounds for substantiation
(a) Unless otherwise provided in this subchapter, no person shall be placed on the registry unless the Court finds by a preponderance of the evidence after a hearing on the merits, or accepts the agreement of the parties, that:
(1) The person committed an act of abuse or neglect; and
(2) The act of abuse or neglect was based on the same incident as alleged in the Notice of Intent to Substantiate.
Terms Used In Delaware Code Title 16 Sec. 925A
- 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.
- 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.
- Internal information system: means the Department's 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
- 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
- Substantiation: means a finding by a preponderance of the evidence that abuse or neglect has occurred. See Delaware Code Title 16 Sec. 902
(b) Should the elements of subsection (a) of this section be met, the Court shall also determine by a preponderance of the evidence after a hearing on the merits or accept the agreement of the parties, the risk of future harm the person poses to children and designate the person to the appropriate Child Protection Level set forth in § 923 of this title. If the person is convicted of an enumerated crime when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate, the person is automatically entered on the Child Protection Registry at the level designated by § 923 of this title.
(c) An order of substantiation may not be stayed pending appeal.
(d) If the Family Court finds that the person has not committed an act of abuse or neglect based on the same incident as alleged in the Notice of Intent to Substantiate, the person may not be entered on the Registry for that incident, and the Department shall indicate in its internal information system that the incident is unsubstantiated.
(e) If a child welfare proceeding is pending in which the Department has requested a finding of abuse or neglect against a party and entry on the Registry for the same incident, the Family Court shall decide the issues of substantiation and entry on the Registry as provided in § 926 of this title without the necessity of a response to the notice of intent to substantiate or a separate Petition for Substantiation.
(f) If the Department fails to file a Petition for Substantiation within 45 days of receipt of a person’s written request for a hearing as provided in § 924 of this title and a child welfare proceeding based on the same incident of abuse or neglect is not pending, the person may not be entered on the Child Protection Registry for the incident of abuse or neglect indicated in the notice of intent to substantiate.