Delaware General Assembly

CHAPTER 63

AN ACT to amend Chapter 41 of the Revised Code of the State of Delaware, as amended by Chapter 64, Volume 30, Laws of Delaware, by giving Additional Powers to the State Board of Charities and Providing for Child Welfare Work in the State of Delaware.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 41 of the Revised Code of the State of Delaware, as amended by Chapter 64, Volume 30, Laws of Delaware, be and the same is hereby further amended by repealing all of Paragraph 1003B, Section 1B, and inserting in lieu thereof the following to be known as 1003B, Section 1B.

1003B, Section 1B. The Governor shall be ex-officio member of the Board. Such Board may appoint and employ a Secretary, Social Welfare Workers especially trained in regard to approved methods of child care, Stenographers and such other officers as it may be necessary for the Board to appoint and employ for the purpose of properly administering its work. To be eligible for the position of "Social Welfare Worker" within the meaning of this Act, a person must have been engaged in active welfare case work for a period of not less than three years, and during that time must have been affiliated with a department, agency, association, institution, or organization recognized by a national agency dealing with the particular kind of welfare work in which said department, agency, association, institution, or organization might be engaged. Each of the officers and employees shall receive an annual salary as the Board may allow and necessary traveling expenses incurred in the discharge of official duties. Such salary and expenditures of the Board, certified in such manner as it may provide, shall be paid from the State Treasury, upon warrants, from funds appropriated for such purposes. The Board shall maintain an office at such place determined by the Board.

Section 2. That Chapter 41 of the Revised Code of the State of Delaware, as amended by Chapter 64, Volume 30, Laws of Delaware, be and the same is hereby further amended by repealing all of Paragraph 1004, Section 2, and inserting in lieu thereof the following to be known as 1004, Section 2.

1004, Section 2. The State Board of Charities is hereby authorized and it shall be its duty, as a whole or by a committee of its members, or by its duly authorized agents, to visit, inspect, and examine at least once a year, all institutions, agencies, associations, or organizations which are supported in whole or in part by public funds and which are of an eleemosynary and charitable, correctional or reformatory character, or which are for the care, confinement, custody, or training of the defective dependent, neglected, delinquent, or criminal classes.

The Board, its committee or agents, shall inspect and report on the workings and results obtained by said institutions, agencies, associations, or organizations the conditions of the same, the care of their inmates, the efficiency of their administration. All reports shall be duly signed and filed in the office of the Board, and if the Board deems it advisable, said reports may be transmitted to the Chairman of the Boards of Commissioners of the Counties, and/or the Presidents of the Councils of the Cities, and,' or the officials who are in charge of the respective institutions, together with any recommendations concerning and relating to such reports. The officers and all other persons in charge of, or connected in any way with the administration or management of such institutions, agencies, associations, or organizations are hereby required to furnish to the Board, its committee or agents, all information, statistics, and reports required.

In order to avoid unnecessary duplication of work and expense in connection with any such institution, agency, association, or organization, operating within the State of Delaware ; upon application and request made to it by the Superintendent or other duly authorized officer or agent of such institution, agency, association, or organization, the Board may refer the case for investigation to any duly authorized parole officer employed or affiliated with any of such institutions, agencies, associations, or organizations, or to the Board's own investigator, and direct such parole officer or investigator to report to the party interested.

In determining the qualification of a parole officer or investigator, the State Board of Charities shall keep in mind the qualifications necessary for membership in the American Association for Social Workers.

Upon the request of any individual, superintendent or other duly authorized officer of any State institution, agency, association, or organization, the State Board of Charities may investigate by correspondence, visitation, and otherwise, the circumstances relating to the non-resident and alien poor temporarily residing within the State of Delaware, and also relating to those of our own citizens who might be classed as non-resident and alien poor in another state, the State Board of Charities hereby being given the power to dispose of and properly supervise such cases in accordance with the Laws of the State of Delaware relating thereto.

Any person interfering with the Board, its committee or agents in the discharges of their official duties, or refusing to disclose information concerning the institution, agency, association, or organizations, embraced in this Paragraph and Section when lawfully requested, shall be deemed guilty of a misdemeanor, and the penalty shall be a fine of not more than $100. in the discretion of the Court.

Section 3. That Chapter 41 of the Revised Code of the State of Delaware, as amended by Chapter 64, Volume 30, Laws of Delaware, be and the same is hereby further amended by striking out all of Paragraph 1004A, Section 2A, and inserting in lieu thereof the following to be known as 1004A, Section 2A.

1004A, Section 2A. Any person, or association conducting a boarding home for children and all institutions, agencies, associations, or organizations supported in whole or in part by public funds, receiving and placing or caring for dependent, neglected, or delinquent minors must accord the State Board of Charities, its committee or agents, right of entrance, privilege of inspection, and access to its accounts and reports.

Such person or association conducting a boarding home for children and all such institutions, agencies, associations, or organizations, caring for dependent, neglected, and delinquent children shall make reports at such time as is required by the State Board of Charities, as to conditions of such boarding home, institution, agency, association, or organization, the manner and way in which children are taken care of, former addresses and such other information as will show the social status of the child ; how and to whom dismissed ; the extent and source of its income ; the cost of maintenance ; and such other reasonable information as will enable the Board to promote the general welfare of the children and to work out a general program for their care and protection.

The State Board of Charities is empowered to prescribe reasonable standards for the conduct of such boarding home, institutions, agencies, associations, or organizations and is empowered to license such of these as conform to such standards.

Any person or association conducting a boarding home for children and all such institutions, agencies, associations, or organizations must obtain licenses annually from the State Board of Charities ; except, however, those institutions, agencies, associations, or organizations under State ownership and control and maternity wards of general hospitals. In the case of a person conducting a boarding home for children such licenses shall not be issued to such person until the State Board of Charities has made a thorough investigation and has determined in accordance with reasonable standards as follows :

b. That the individual home meets the physical, social, moral, mental, educational and religious needs of the average child.

And in the case of institutions, agencies, associations or organizations, before such license shall be issued the State Board of Charities shall make a thorough investigation and favorably pass upon the following:

a. The good character and intention of the applicant or applicants.

b. The present and prospective need of the service rendered.

c. The employment of capable, trained, and experienced workers.

d. Sufficient financial backing to insure effective work.

e. The probability of the service being continued for a reasonable period of time.

a. That the methods used and the disposition made of the children served will be to their best interests and that of society.

For the purpose of interpreting the meaning of the words "boarding home" any person, association, agency, or organization is the keeper of a boarding home for children, if for hire, he, she or it

1. Advertises or holds himself, herself, or itself out as conducting such a boarding home ;

2. Has in custody or control one child or more under the age of 18, unattended by parents or guardian, for the purpose of providing such child or children with care, food, or clothing for compensation.

Nothing in this Act shall be construed to apply to homes where children have been placed, or hereafter shall be placed, by any Child Placement Agency, properly licensed to place children in the State of Delaware.

Any violation of the provisions of this Section shall be a misdemeanor and the penalty shall be a fine of not more than $100, imprisonment of not more than three months, or both, in the discretion of the Court.

Approved April 20, 1933.