Delaware Code Title 29 Sec. 9016 – Appointment of special investigators; powers and duties
(a) The Secretary may appoint qualified persons to be special investigators for the Department. Such investigators shall hold office at the pleasure of the Secretary. Any person appointed pursuant to this section shall have a minimum of 10 years experience as a “police officer,” as that term is defined in § 1911(a) of Title 11, significant investigatory experience while working as a police officer, shall be in good standing with the previous or present law-enforcement agency where such person is or was employed, and shall have such other qualifications deemed appropriate by the Secretary.
Terms Used In Delaware Code Title 29 Sec. 9016
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- 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.
- 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
(b) Special investigators appointed under this section may conduct investigations of child abuse, neglect, or risk of maltreatment anywhere in this State as directed by the Secretary or the Secretary’s designee and shall have the power to make arrests and serve writs anywhere in this State. Special investigators shall have statewide powers as enumerated under § 1911 of Title 11 and such other powers as conferred by law on police officers, constables and other law-enforcement personnel. Notwithstanding the above, special investigators under this section shall not have the authority to take custody of a child unless pursuant to an order from the Family Court or in conjunction with the law-enforcement agency charged with jurisdiction over the case. To the extent possible, special investigators under this section shall consult with the police agency of jurisdiction and the Secretary or Secretary’s designee before making an arrest and shall do so in all cases after making any such arrest.
(c) Special investigators under this section shall have the authority to take custody of a child pursuant to an order from the Family Court or in conjunction with the law-enforcement agency charged with jurisdiction over the case. Special investigators may enter private property while taking custody of a child under this section. To the extent possible, special investigators under this section shall consult with the police agency of jurisdiction and the Secretary or Secretary’s designee before making an arrest and shall do so in all cases after making any such arrest.
(d) The salary of special investigators shall be fixed by the Secretary within the appropriations made to the Department.
(e) Special investigators will assist in the training of other Division staff.
71 Del. Laws, c. 199, § ?11; 78 Del. Laws, c. 266, § ?21; 82 Del. Laws, c. 89, § 4; 83 Del. Laws, c. 461, § 6;