DE HB136 | 2015-2016 | 148th General Assembly
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 2-0)
Status: Passed on September 10 2015 - 100% progression
Action: 2015-09-10 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]
Spectrum: Partisan Bill (Democrat 2-0)
Status: Passed on September 10 2015 - 100% progression
Action: 2015-09-10 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]
Summary
The Delaware Child Death, Near Death and Stillbirth Commission (“CDNDSC”) is charged with the responsibility to review all cases in which a child dies in Delaware, as part of Delaware’s ongoing effort to reduce child mortality. CDNDSC is engaged in this effort through a number of review panels that examine health related issues, medical and legal issues, accidental deaths, and incidents arising from child abuse and neglect. The latter category of cases is assigned to CDNDSC’s Child Abuse and Neglect (“CAN”) Panel. The Child Protection Accountability Commission (“CPAC”) has statutory responsibility to monitor Delaware’s child protection system to best ensure the health, safety, and welfare of Delaware’s abused and neglected children. CPAC has been designated as Delaware’s “citizen review panel” under the federal Child Abuse Prevention and Treatment Act, 42 U.S.C. 5106a(c) (“CAPTA”). As Delaware’s “citizen review panel” CPAC is required to provide for the investigation and review of child death and near death incidents due to child abuse and neglect, for the purpose of developing recommendations for system improvement. This Act provides for the transfer of the “CAN” Panel from CDNDSC to CPAC. The transfer will ensure that Delaware remains in compliance with the requirements of federal law, providing greater assurance of continued federal funding under CAPTA. Further, CPAC is staffed by the Office of Child Advocate (“OCA”). Many, if not most, of the cases that fall within the jurisdiction of the CAN panel also already fall under the purview of the OCA, thus ensuring greater efficiency in the investigation of these cases. Finally, OCA has experienced attorneys on staff, and as volunteers, who are better equipped to ensure compliance with subpoenas and other investigative requests than the non-legal staff assigned to CDNDSC. This Act also changes the name of CDNDSC to the Child Death Review Commission, addresses the subpoena process for both CDNDSC and CPAC, creates a mechanism for CDNDSC to hire and supervise employees, and makes various technical corrections intended to conform existing law to the guidelines of the Delaware Legislative Drafting Manual.
Title
An Act To Amend The Delaware Code Relating To Review Of The Death Or Near Death Of A Child.
Sponsors
Roll Calls
2015-06-30 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2015-09-10 | House | Signed by Governor |
| 2015-06-30 | Senate | Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT |
| 2015-06-18 | Senate | Reported Out of Committee (CHILDREN; YOUTH & FAMILIES) in Senate with 5 On Its Merits |
| 2015-06-03 | Senate | Assigned to Children; Youth & Families Committee in Senate |
| 2015-06-02 | House | Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT |
| 2015-06-02 | House | Amendment HA 1 - Passed in House by Voice Vote |
| 2015-05-14 | House | Reported Out of Committee (HEALTH & HUMAN DEVELOPMENT) in House with 8 On Its Merits |
| 2015-05-13 | House | Amendment HA 1 - Introduced and Placed With Bill |
| 2015-05-07 | House | Introduced and Assigned to Health & Human Development Committee in House |
