Proposed House Bill 528 Questions and Answers
- 1. When will the new law take effect?
- The new law will become effective February 1,
2003.
- 2. If the Division of Family Services (DFS) investigates a report of abuse or neglect called in on the Hotline about me, how will I know what the outcome of the investigation is?
- At the onset of the investigation, you will be
given a Handbook that will outline your rights, the
process and the consequences. After the
investigation, DFS will send you a letter,
indicating either the fact that you are
unsubstantiated or explaining their intent to
substantiate at a designated Child Protection Level.
- 3. What can I do if I don't agree with the Division of Family Services' intent to substantiate?
- The letter from DFS will include an explanation
of your right to request a hearing in Family Court.
You must return your request for a hearing to DFS
within 30 days. If you fail to request a hearing
within this prescribed time, you will be
substantiated by DFS at the level indicated in the
letter.
- 4. If I respond to DFS within the prescribed time and request a hearing in Family Court, what will happen?
- Within 20 days, DFS will file a Petition to
Substantiate with Family Court and you will be
notified by Family Court of your hearing date. Your
hearing will be held in Family Court before a
Commissioner. All rules of Family Court will apply.
You or your attorney will present your case and DFS
will present their case. Using the preponderance of
the evidence standard, the Commissioner will
determine if abuse or neglect occurred and at which
Child Protection Level you will be designated.
- 5. Can I appeal the Family Court Commissioner's decision?
- Yes. The appeal process for a substantiation
hearing follows the Family Court appeal process.
- 6. What are Child Protection Levels?
- Previously, all substantiations were classified as a "substantiation for abuse" or a "substantiation for neglect" without a designation of the severity of the act. Under HB 528 substantiations will be categorized on the Child Protection Registry by Child Protection Levels I, II, III and IV, based on the severity of the offense and the potential future risk of harm an individual poses to children.
Level I - A person who is substantiated for abuse or neglect at Child Protection Level I must not be entered on the Child Protection Registry and must not be reported in response to a Child Protection Registry check for that incident or conviction. The person is eligible for employment in a childcare facility, health care facility, or public school.
Level II - A person who is substantiated for abuse or neglect at Child Protection Level II must be reported for a period of 3 years as "substantiated for abuse" or "substantiated for neglect" in response to a Child Protection Registry check. The person must remain on the Registry for a period of 3 years, but the person is eligible for employment in a childcare facility, health care facility, or public school, while the person is on the Registry at Child Protection Level II; and a prospective employer making a Child Protection Registry check must be so informed. If the person is not substantiated for abuse or neglect while on the Registry, the person on the Registry at Child Protection Level II is automatically removed from the Registry after 3 years and must not be reported in a Child Protection Registry check for that incident or conviction.
Level III - A person who is substantiated for abuse or neglect at Child Protection Level III must be reported for a period of 7 years as "substantiated for abuse" or "substantiated for neglect" in response to a Child Protection Registry check. The person is ineligible for employment in a childcare facility, health care facility, or public school, while the person is on the Child Protection Registry at Child Protection Level III. If the person has not been substantiated for an act of abuse or neglect while on the Registry, the person entered on the Registry at Child Protection Level III is automatically removed from the Registry after 7 years, and is, thereafter, eligible for employment in a childcare facility, health care facility, or public school, and must not be reported in a Child Protection Registry check for that incident or conviction.
Level IV - A person who is substantiated for abuse or neglect at Child Protection Level IV must be reported as 'substantiated for abuse' or 'substantiated for neglect' in response to a Child Protection Registry check. The person is ineligible for employment in a childcare facility, health care facility, or public school. In addition, the person may not be removed from the Registry and must be reported in a Registry check for the incident or conviction.
- 7. What is the Child Protection Registry? (formerly known as the Central Child Abuse Registry)
- The former Central Child Abuse Registry
contained the names of all persons substantiated for
abuse or neglect from August 1, 1994 to present.
Pursuant to HB 528, the Child Protection Registry
will contain the names of those persons whose names
were previously entered on the Central Child Abuse
Registry, as well as those persons substantiated for
abuse or neglect and designated at Child Protection
Levels II, III and IV, after HB 528 takes effect
February 1, 2003, as these people have the potential
to pose a future risk of harm to children.
- 8. Who is required to check the Child Protection Registry?
- In 1997, the General Assembly passed legislation requiring childcare facilities and health care facilities to check the Central Child Abuse Registry, prior to hiring an individual. The legislation did not place any restriction on hiring an individual, it only required that a Registry check be performed. Remember, until HB 528 takes effect - all substantiations are reported as "substantiated for abuse" or "substantiated for neglect" with no distinction between the severity of the acts.
Under HB 528, persons who have been substantiated at Child Protection Levels II, III and IV will be reported to employers who are required to check the Registry as being designated at a Child Protection Level. Child Protection Level I will not be reported to employers. Child Protection Level II will be a cautionary level, the employer will not be precluded from hiring the individual. Child Protection Levels III and IV will include a "do not hire mandate". However, substantiated persons designated at Child Protection Levels II and III will be automatically removed from the Child Protection Registry at the prescribed time (if no substantiations occur while on the Registry) and thus will no longer be reported to employers.
HB 528 will include public schools as an employer who is required to check the Child Protection Registry. This will provide all children the protection that was previously only afforded to children in childcare and health care facilities.
- 9. Is there a way to have your name removed from the Child Protection Registry?
- In April 2001, through legislation, a process was put in place to allow a person whose name was on the Central Child Abuse Registry to request a hearing with the Division of Family Services to have their name removed.
Under HB 528, a person designated at Child Protection Level II, after three years and no substantiations while on the Registry, will have their name automatically removed from the Child Protection Registry and thus will not be reported to employers.
A person designated at Child Protection Level III after seven years and no substantiations while on the Registry, will have their name automatically removed from the Child Protection Registry and thus will not be reported to employers.
A person designated at Child Protection Level IV will not have their name removed from the Child Protection Registry and their name will be reported to employers who are required to check the Child Protection Registry.
Under HB 528, there is a provision to allow a person to file a petition with Family Court to have their name removed from the Child Protection Registry.
- 10. What if I was substantiated prior to February 1, 2003, when the new law will take effect?
- If you were substantiated prior to February 1, 2003, DFS will review each case internally and based on the facts of each case the person will be designated to a Child Protection Level.
If you are designated at Child Protection Level I - your name will be removed from the Child Protection Registry.
If you are designated at Child Protection Level II - and you were substantiated at least 3 years prior to February 1, 2003, AND you have not been substantiated while on the Registry - your name will be removed from the Child Protection Registry and you will not be reported to employers required to check the Child Protection Registry.
If you are designated at Child Protection Level II AND you were not substantiated at least 3 years prior to February 1, 2003 AND you have not been substantiated while on the Registry - your name will be placed on the Child Protection Registry for the time remaining to bring you to three years (provided you have no other substantiations). Your previous time on the Central Child Abuse Registry counts as time served. Your name will be reported out to employers who are required to check the Child Protection Registry for as long as your name remains on the Child Protection Registry.
If you are designated at Child Protection Level III AND you were substantiated at least 7 years prior to February 1, 2003, AND you have not been substantiated while on the Registry - your name will be removed from the Child Protection Registry and you will not be reported to employers required to check the Child Protection Registry.
If you are designated at Child Protection Level III AND you were not substantiated at least 7 years prior to February 1, 2003 AND you have not been substantiated while on the Registry - your name will be placed on the Child Protection Registry for the time remaining to bring you to seven years (provided you have no other substantiations). Your previous time on the Central Child Abuse Registry counts as time served. Your name will be reported out to employers who are required to check the Child Protection Registry for as long as your name remains on the Child Protection Registry.
If you are designated at Child Protection Level IV - your name will remain on the Child Protection Registry and your name will be reported out to employers who are required to check the Child Protection Registry.
It is estimated that approximately one third of the names currently on the Central Child Abuse Registry will be removed either through time served automatic removal (if not substantiated while on the Registry) or by designation at Child Protection Level I.
- 11. What if there are two substantiations at two different Child Protection Levels?
- A person who is substantiated for an incident of
abuse or neglect while on the Child Protection
Registry is ineligible for automatic removal from
the Registry, but may be removed from the Registry
by order of the Family Court. If a person is
substantiated for abuse or neglect while on the
Registry, the imposed conditions for each incident
must be completed consecutively, with the conditions
for the most restrictive Child Protection Level or
Levels being completed before those for the less
restrictive level or levels. A person who has
partially completed a level when assigned to a more
restrictive level is given credit for that partial
completion when he or she has completed the
conditions for the more restrictive level or levels.
- 12. What is the DFS internal information system?
- The DFS internal information system, as the name
implies, is for internal use by DFS and DFS is
mandated by federal law to keep this information.
The DFS internal information system maintains
information related to all reports of abuse,
neglect, investigation, family assessment, services
and other relevant information.
Links for HB528 and related info
Bill
Tracking, 141st Delaware General Assembly
This web page has a "Quick Bill Search" section. To see
information on HB528: select "House Bill" for Bill Type,
type "528" for Bill Number, then click the "Go!" button.
Once you get to the page for HB528 there will be links
to bill sponsor(s),introduction date, synopsis of the
bill, bill status, full text of bill, committee and
voting reports and any amendments to the bill.
