CHAPTER 441
FORMERLY
SENATE BILL NO. 387
AS AMENDED BY SENATE AMENDMENT NO. 1
AND HOUSE AMENDMENT NOS. 1, 2 AND 3
AN ACT TO AMEND CHAPTER 85, TITLE 11 OF THE DELAWARE CODE RELATING TO CHILD SEX ABUSER REGISTRATION AND CRIMINAL BACKGROUND CHECKS FOR CHILD CARE PROVIDERS.
WHEREAS, child sexual abuse is a large and underreported problem; and
WHEREAS, child sex offenders are often serial offenders who seek legitimate access to children; and
WHEREAS, it is the intent of the General Assembly to establish a statewide system through which current, accurate information concerning persons who commit crimes of child sex abuse can be obtained from a central source and used to assist in the prevention of second incidents of child sex abuse by providing information about such persons to organizations whose primary concern is that of child welfare and care.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 85, Title 11, Delaware Code by adding two new subchapters to read as follows:
"Subchapter IV. Child Sex Abuse Information Repository §8550. Definitions
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(2) 'child' shall mean any person who is less than 18 years old;
(1) 'child sex abuse' means any sexual offense or child exploitation in violation of Chapter 5, Subchapter II, Subpart D and Subchapter V of Title 11 of the Delaware Code committed against a child by an adult;
(2) The term 'child sex abuser information' means the following information concerning a person who has been convicted of a violation of the criminal child sex abuse laws of this State:
a. name, social security number, age, race, sex, date of birth,
height, weight, hair and eye color, address of legal residence, and a brief description of the crime or crimes committed by the offender;
(2) a copy of the fingerprints of the offender; and
(3) any information that the State Bureau of Identification, the Federal Bureau of Investigation or the National Crime Information Center determines may be useful in identifying child sex abusers;
(1) The term 'criminal child sex abuse laws of this State' means those sections of the Delaware Criminal Code which establish criminal penalties for the commission of child sex abuse by a parent or other family member of a child or by any other person;
(1) 'National Crime Information Center' means the division of the Federal Bureau of Investigation that serves as a computerized information source on wanted criminals, persons named in arrest warrants, runaways, missing children and stolen property for use by Federal, State, and local law enforcement authorities.
§8551. Establishment of Child Sex Abuse Information Repository
The Child Sex Abuse Information Repository is hereby created within the State Bureau of Identification. The Child Sex Abuse Information Repository is established as a central repository of child sex abuser information.
§8552.
Guldeltpes
(39) The Director of the State Bureau of Identification shall coordinate the reporting of child sex abuser information to the Child Sex Abuse Information Repository and shall issue guidelines to all law enforcement agencies in the State to ensure reporting accuracy.
(2) The guidelines established under subsection (a) of this section shall require that all convictions under the criminal child sex abuse laws of this State are reported to the Child Sex Abuse Information Repository.
§8553. Duties
The Director of the State Bureau of Identification shall ensure that:
(1) Reports of all convictions under the criminal child sex abuse laws of this State are maintained by the Child Sex Abuse Information Repository;
(1) The Child Sex Abuse Information Repository works closely with schools, daycare centers, and the Department of Services for Children, Youth and Their Families in providing child sex abuser information;
480, The Child Sex Abuse Information Repository reports child sex
abuser information to the National Crime Information Center; and
279; The Child Sex Abuse Information Repository maintains close liaison with the National Center on Child Abuse and Neglect and the National Center for Missing and Exploited Children for exchange of information.
Subchapter V. Criminal Background Check for Child Care Providers §8560. Definitions
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) 'children' means persons who are less than 18 years old;
(2) 'child care provider' means:
277; any public, private or parochial school and includes any board of education, school district, reorganized school
district, special school district, and any person acting as an agent thereof; and
278; any child care facility which by law is required to be licensed or any facility registered and eligible for Federal Child Care Development Block Grant funds;
(3) 'child sex abuser information' shall have the meaning prescribed by §8550(3) of this Title;
(4) 'criminal conviction data' shall have the meaning prescribed by §8502(8) of this Title;
(5) 'person seeking employment with a child care provider' means any person seeking employment for compensation with a child care provider or any person who for any reason has regular direct access to children at any facility referred to in subsection (2) of this section, including substitute teachers.
§8561. Information to be provided to Child Care Providers
(a) Anything contained in Subchapter I of Chapter 85 of this title to the contrary notwithstanding, the State Bureau of Identification, hereinafter referred to as the 'Bureau' shall furnish information
pertaining to the identification and conviction data of any person seeking employment with a child care provider, provided that the person seeking employment with a child care provider submits to a reasonable procedure established by standards set forth by the Superintendent of State Police to identify the person whose record is sought. Such procedure shall include the fingerprinting of the person seeking employment with a child care provider.
(b) The provisions of subsection (a) of this section shall apply to the dissemination of the identification and criminal conviction data to:
278; any person seeking employment with a child care provider; and/or
279; child care providers for the purpose of obtaining such
background information relating to the employment requirements for the person whose record is sought; and/or
§846. upon request from the Department of Services for Children, Youth and Their Families for the purpose of determining the suitability for child care facility licensing; and/or
(ii) upon request from the Department of Public Instruction for the purpose of determining the suitability of a person seeking licensing.
(c) Any person seeking employment with a child care provider shall as a condition of employment provide to such child care provider prior to employment, his or her identification and conviction data, if any, as the same appears on file with the State Bureau of Identification.
(d) Notwithstanding any provision to the contrary, the information to be furnished by the Bureau shall include child sex abuser information. The Division of State Police shall be the intermediary for purposes of this section.
(e) Costs associated with obtaining said information and child sex abuser information shall be borne by the State.
(f) No person seeking employment with a child care provider shall be hired by the child care provider if such person seeking employment has been convicted of having committed a crime of child sex abuse as defined in §8550(2) of this Title.
(1) Child care providers which are subject to this subchapter may provisionally hire a person seeking employment, pending the furnishing by the Bureau of the information required by this subchapter.
(2) Any person seeking employment with a child care provider who has been the subject of a background check by the State Bureau of Identification pursuant to the terms of this subchapter within the previous five years shall be exempt from the provisions of this subsection.
(g) Any person or organization whose primary concern is that of child welfare and care and which is not otherwise required to do so under the provisions of this subchapter may voluntarily submit to the provisions of this subchapter at such person's or organization's expense pursuant to procedures established by the Superintendent of State Police. The provisions of §8562 of this subchapter shall not apply to such persons or organizations.
§8562. Penalties
(a) Any child care provider or designated agent for a child care provider who fails to obtain the information required by §8561 of this subchapter from a person seeking employment with such child care provider or otherwise violates the provisions of §8561 of this subchapter, shall be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of this Title.
(i) Any person seeking employment with a child care provider who knowingly provides false, incomplete or inaccurate child sex abuser information shall be guilty of a Class G felony and shall be punished according to Chapter 42 of this title.
(i) The Superior Court shall have exclusive jurisdiction of offenses under this subchapter."
Section 2. If any provision of this Act, or the application thereof to any person, thing or circumstances is held invalid, such invalidity shall not affect the provisions or application of this Act that can be given effect without the invalid provisions or application, and to this end the provisions of this Act are declared to be severable.
Section 3. On or before February 1, 1994, the State Bureau of
Identification shall submit a report to the General Assembly listing the number of background checks conducted pursuant to the provisions of this Act during the period from January 1, 1993 to December 31, 1993, the total cost to the Bureau for such background checks and the average time necessary to conduct individual background checks. The Bureau shall also make recommendations, if any, to decrease the total costs of background checks conducted pursuant to this Act and/or to decrease the average time necessary to conduct background checks.
Section 4. This Act shall not take effect until six months after
sufficient funding has been appropriated to implement its provisions.
Section 5. This Act shall not take effect unless and until sufficient
funding has been appropriated to implement it provisions.
Approved July 22, 1992.