DELAWARE

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WHO:        EVERY person, agency, organization or entity that knows of, or in good faith suspects child abuse or neglect MUST report it.  [Code Ann. tit. 16, § 903]

In particular the following MUST report: • Physicians, interns, residents, nurses, or medical examiners • Other persons in the healing arts, including persons licensed to render services in medicine, osteopathy, or dentistry • School employees, social workers, or psychologists • Hospitals or health-care institutions • The Medical Society of Delaware • Law enforcement agencies.  [Code Ann. tit. 16, § 903] 

·       NOTE: The mandate is not limited to observations made in the course of work. It includes observations made at any time.

·       STANDARD: [Code Ann. tit. 16, §§ 902; 903]                 Child means under age 18.

o   For every reporter: knows of or in good faith suspects child abuse or neglect.

·       PRIVILEGE: Only attorney-client and clergy-penitent privileges can excuse failure to report or failure to give evidence on child abuse or neglect.  [Code Ann. tit. 16, § 909]

WHEN:      IMMEDIATE oral or online report; a follow-on report in writing if requested after an oral report (no timeline is specified by statute).  [Code Ann. Tit. 16, §§ 903; 904]

WHERE & HOW:   (Oral) report by phone or otherwise to Div. Family Svcs. (Dept. Services for Children, Youth & Their Families, DSCYF).   [Code Ann. tit. 16, §§ 903; 904; 905] 

·       In the event of an emergency:               Dial 911; call the report line afterward.

[https://dscyfkids.force.com/ReporterPortal/s/]

·       Delaware Child Abuse and Neglect Reporting Line:    1 (800) 292-9582.

24/7, statewide and toll-free  [https://kids.delaware.gov/fs/fs_iseethesigns.shtml]

·       DSCYF written & non-phone oral reports:   DSCYF, 1825 Faulkland Rd., Wilmington, DE 19805-1195        [https://kids.delaware.gov/fs/fs_iseethesigns.shtml]

o   Any report must follow DSYCF rules and regulations; DSYCF will respond within 48 hours after receipt of a written report to ensure full info was received, and obtain additional info and/or medical records. [Code Ann. tit. 16, §§ 904; 906]

·       DSCYF online portal:   http://kids.delaware.gov/fs/fs_iseethesigns.shtml

o   For non-emergency reporting. Browsers: it works with Chrome or Safari (Chrome is downloadable there), but is not supported by Internet Explorer, Microsoft Edge, or others. Mobile and desktop devices can access it.

o   Incomplete info may delay a response or cause the report to be screened out.

·       GROUP REPORTING: When 2 or more persons have joint knowledge or suspicion that requires reporting, they may mutually agree for one of them to make the report. BUT, a knowledgeable person may not rely on someone with less direct knowledge to make it. The report is joint, and must list all the others on behalf of whom the report is made. And if one of them knows of something that was left out of the report, s/he must immediately report it in a separate report.  [Code Ann. tit. 16, § 904]

·       AIDING POLICE: A reporter MAY also give an oral or written report to police who are present to assist the child or investigate the cause of the child’s injuries or condition, but this cannot be in lieu of reporting to DSCYF.  [Code Ann. tit. 16, § 903(a)] 

·       REPORT DETAILS: To the extent available: (a) demographics (child’s name, age, gender, race, school, address, and parent/guardian/custodian name(s), address(es), phone number(s), etc.; (b) a description of abuse or neglect, or why the child is at risk; (c) known info about the parents and siblings; (d) known info about the child’s physical and mental health, and educational info; (e) whether the child has injuries that need medical attention; and (f) known info that could imperil the child’s or a worker’s safety such as presence of alcohol, drugs, weapons, dangerous animal, or criminal behavior.

 [https://kids.delaware.gov/pdfs/ists_MakingaReportforSuspectedChildAbuse.pdf]

·       REPORTER PROTECTION:  (1) Reports may be anonymous, but the division will request the report-maker’s name and address regardless.  [Code Ann. tit. 16, § 905]  (2) The statutes reviewed do not address whether the reporter’s identity may be disclosed.  (3) Reporters in good faith are immune from civil and criminal liability for that, including in court, but this section does not immunize medical negligence in (child abuse- and neglect-related) examinations.  [Code Ann. tit. 16, § 908(a)]

WHY:        Anyone who fails to make a report when they know or in good faith suspect child abuse is liable for a civil penalty of < $10,000 on the first offense, and < $50,000 per subsequent offense.  The court may also award costs and attorneys’ fees when it finds violations.  [Code Ann. tit. 16, § 914] 

WHAT:      In Delaware abuse includes physical, sexual, emotional, torture, exploitation, and maltreatment or mistreatment abuse; and neglect includes neglect and (implicitly) abandonment.  [Code Ann. tit. 16, § 902; tit. 10, § 901(1)]

Initial Screening Criteria: (a) ensuring the child’s safety and well-being; (b) checking whether there are previous reports of actual or suspected abuse or neglect of the child, siblings, other family members, or alleged perpetrator.  [Code Ann. tit. 16, § 906]

Reportable: (a) Persons who have care, custody and control of the child are reportable if suspected of causing or inflicting: physical injury through unjustified force; emotional abuse; torture; exploitation; maltreatment or mistreatment; or neglect or abandonment.  But (b) anyone is reportable if suspected for causing or inflicting sexual abuse. NOTE: abusers who fall outside this classification may be reportable to law enforcement under other crime statutes, though not reportable to DSCYF.

·       Persons responsible for the child’s care, custody, and/or control means in a position of trust, authority, supervision, or control, including: (a) a parent, guardian, or custodian; (b) other family or household members, related or married or not, regardless of duration or continuity; (c) other family or relatives outside the home; (d) paid persons or volunteers temporarily responsible (e.g., health-care provider, aide, teacher, instructor, coach, sitter, day/child care, or others affiliated with a school, religious group, health-care facility, athletic or charitable group, etc.); and (e) anyone else who assumed control or responsibility.   [Code Ann. tit. 16, § 902; tit. 10, § 901]

·       For sexual offenses, a position of trust, authority or supervision over a child includes but is not limited to: (1) familial, guardianship or custodial authority or supervision; or (2) a teacher, coach, counselor, advisor, mentor or other instructor or educator (paid or not); or (3) a babysitter, child care provider, or child care aide (paid or not); or (4) a health professional (licensed or not; paid or not) for physical or mental health services, diagnosis, treatment or counseling, e.g., doctors of medicine and osteopathy, dentists, nurses, physical therapists, chiropractors, psychologists, social workers, medical technicians, mental health counselors, substance abuse counselors, marriage and family counselors or therapists and hypnotherapists, etc.; or (5) clergy, e.g., a minister, pastor, rabbi, lay religious leader, pastoral counselor or anyone else in regular direct contact with children via a church or religious institution (paid or not); or (6) a law-enforcement officer (paid or not), including anyone acting as an officer or counselor at a correctional or counseling institution, facility or organization; or (7) anyone else who due to family relationship, profession, employment, vocation, avocation or volunteer service has regular direct contact with the child(ren) and thereby assumes temporary or permanent responsibility for their care or supervision.  [Code Ann. tit. 11, § 761(e)]

Abuse of a child means (1) causing or inflicting sexual abuse; OR (2) with care, custody or control, causing or inflicting: (a) physical injury by unjustified force (Tit. 11, § 468); (b) emotional abuse [e.g., neurological damage]; (c) torture; (d) exploitation; or (e) maltreatment or mistreatment.  [Code Ann. tit. 16, § 902; tit. 10, § 901]  

(A)     Sexual abuse is any offense in title 11, § 761(i), to a child: (a) sexual harassment; (b) indecent exposure; (c) incest; (d) unlawful sexual contact; (e) rape; (f) sexual extortion; (g) bestiality; (h) continuous sexual abuse; (i) criminal sexual conduct with a minor age <14; (j) sex offender unlawful conduct; (k) sexual abuse under trust, authority, or supervision; (l) female genital mutilation; (m) kidnapping in order to violate or abuse sexually; (n) taking or enticing a child from a parent, guardian, or custodian; (o) trafficking for sexual servitude or its patronage; (p) dealing in children; (q) sexual exploitation (child porn); (r) dealing in child porn; (s) possessing child porn; (t) sexual offenders in school zones; (u) secret photos (dressed, undressed, or through clothes); (v) promoting prostitution of a child age <18 or <16; or (w) selling, delivering, or providing obscene material to a child.  [Code Ann. tit. 10, § 901(21)]

(1)     INCEST means sexual intercourse with one’s own blood relative or adopted relative from among the following: (a) child; (b) parent; (c) brother; (d) sister; (e) grandchild; (f) niece or nephew; (g) father's sister or brother; (h) mother's sister or brother; (i) parent’s spouse; (j) spouse’s child; or (k) child of the spouse’s son or daughter.  [Code Ann. tit. 11, § 766]

(2)     CONTEXT: THE AGE OF CONSENT is normally 16, and ignorance or mistake-in-age are not defenses. (a) It is an affirmative defense that a child age 12, 13, 14, or 15 knowingly consented to someone not more than 4 years older at the time. (b) The age of consent is 18 if the sex partner is age 30 or more unless they are married at the time. (c) The age of consent is 16 if the sex partner is older by less than 4 years and is in a position of trust, authority, or supervision over the child, or is invited or designated by such a person. (e) The age of consent is 18 if the sex partner is older by 4 years or more and is in a position of trust, authority, or supervision over the child, or is invited or designated by such a person. [Code Ann. tit. 11, §§ 761(l); 762; 765, 770 e.g., at (a)(2); 771; 778]

(3)   THERE IS NO CONSENT if the sex partner: (i) coerced the victim; or (ii) knew the victim was not conscious or aware; or (iii) knew the victim was mentally incapable of understanding and/or consent; or (iv) was a health professional or clergy offending under the guise of duty; or (v) impaired the victim’s ability to resist by giving a drug or intoxicant without their consent.  [Code Ann. tit. 11, § 761(k)]

(B)     Physical injury means: (a) any impairment of physical condition; or (b) pain. 

(1)     SERIOUS physical injury: (a) creates a risk of death; or (b) causes disfigurement, impaired health, or loss or functional impairment of any organ or limb; or (c) causes unlawful termination of pregnancy without the pregnant female’s consent.

(C)     Emotional abuse means (a) threats to inflict undue physical or emotional harm, and/or (b) chronic or recurring incidents of ridiculing, demeaning, making derogatory remarks, or cursing.  [Code Ann. tit. 10, § 901(10)]

(D)     Exploitation means (a) taking advantage of a child for (b) unlawful or unjustifiable (c) personal or sexual gain.  [Code Ann. tit. 16, § 902; tit. 10, § 901(11)]

(E)     Maltreatment and mistreatment mean behaviors that inflict (a) unnecessary or unjustifiable (b) pain or suffering on a child (c) without causing physical injury. These consist of actions and/or omissions, whether intentional or unintentional.  [Code Ann. tit. 10, § 901(16)]  But tit. 11, § 1100 cites physical injury caused by them.

Neglect occurs when a person who (a) is responsible for the child’s care, custody, and/or control AND (b) has the ability and financial means to provide for the child’s care, does any of the following:  [Code Ann. tit. 16, § 902; tit. 10, § 901]

(A)     Fails to provide necessary care as to food, clothing, shelter, education, health, medical, or other care necessary for the child's emotional, physical, or mental health or safety and general well-being;

o    CAVEAT: treating a medical condition by prayer alone from a recognized church or religious denomination is NOT neglect per se.  [Code Ann. tit. 16, § 913])

(B)     Abuses alcohol or a controlled substance (a) chronically and severely, and (b) is not active in treatment for such abuse, and (c) the abuse threatens the child's ability to receive care necessary for that his/her safety and general well-being; AND/OR

(C)     Fails to provide necessary supervision when (a) the child is unable to care for his or her own basic needs or safety, (b) as determined by factors such as age, mental ability, physical condition, length of caregiver's absence, and environmental context.

(1)     HOME ALONE: there is no threshold age for leaving a child home alone. DSCYF takes reports of it under age 12, and for older children with developmental delays, physical disabilities, etc.  [https://kids.delaware.gov/faqs.shtml]

(2)     ABANDONMENT by a parent, guardian, custodian, etc. who intentionally permanently deserts the child anyplace is reported in the same way as for abuse, neglect, & exploitation.  [Code Ann. tit. 16, § 909(a); tit. 11, § 1101 (definition)]