CHAPTER 64
SUPERVISION OF DEPENDENT CHILDREN
AN ACT to further amend Chapter 41 of the Revised Code of the State of Delaware as amended by Chapter 50, Volume 32, Laws of Delaware, and Making Provisions for the Supervision and Regulation of Child Placement.
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 50, Volume 32, Laws of Delaware, be and the same is hereby amended by striking out all of 1005D, Section 3D, of said Chapter and placing in lieu thereof the following to be known as 1005D, Section 3D.
1005D, Section 3D. Before any person, institution, agency, association, corporation or organization shall place or cause to be placed, and/or shall receive or cause to be received, and/or shall keep or retain in custody, for the purpose of continued free or wage boarding, or otherwise, any dependent child residing in the State of Delaware, such person, institution, agency, association, corporation, or organization must first obtain the written consent of the State Board of Charities ; provided, however, that the provisions of this Section shall not apply and relate to Child Placement Agencies, nor to institutions taking children under permanent care, regularly and duly authorized and licensed to place and receive dependent children in the State of Delaware, and the homes in which such child Placement Agency or institution might place children ; and provided further that the provisions of this Section shall not apply to privately endowed institutions supported wholly by private endowment and established to provide continued care for dependent children.
Section 2. That Chapter 41 of the Revised Code of the State of Delaware as amended by Chapter 50, Volume 32, Laws of Delaware, be and the same is hereby further amended by striking out all of Paragraph 1005E, Section 3E, and inserting in lieu thereof the following to be known as 1005E, Section 3E.1005E, Section 3E. Upon and after the approval of this Act it shall be unlawful for any Child Placement Agency, or Association operating within the State of Delaware, and supported in whole or in part by public funds, and/or any Bureau, Board or Commission of the State of Delaware and/or any person, institution, agency, association, corporation, bureau, board or commission without the State of Delaware to bring or send into this State, or in any way assist in the bringing or sending into this State of any dependent child who is a resident of another state for the purpose of placing or procuring the placement of such child in any home for free or wage boarding ; and before any child shall be brought into the State of Delaware for the purpose of being placed in any home for adoption, the person, institution, agency, association, corporation, or organization desiring to bring or send, or to receive, any such child into this State, or both, as the State Board of Charities may require, shall first obtain the written consent of the State Board of Charities and execute a bond to the State of Delaware in the penal sum of Three Thousand"Dollars ($3,000.00), to be approved by the State Board of Charities, and to be with surety, if the State Board of Charities shall so require. The condition of the said bond shall be substantially that such person, agency, institution, association, corporation, or organization shall not bring or send, of cause to be brought or sent or receive, into this State any child that is incorrigible, that is of unsound mind or body, or is mentally subnormal ; and that such person, agency, institution, association, corporation, or organization shall abide by all rules laid down by the State Board of Charities under 1005G, Section 3G, of this Act. If any such child shall become a public charge, or be convicted of any crime or misdemeanor before reaching the age of twenty-one years, such person, agency, institution, association, corporation, or organization responsible for such child, shall within thirty days after written notice given by the State Board of Charities, remove such child from the State, and shall pay to the State, County, or Municipality such sum as may have been expended in the care or prosecution of such child.
Section 3. That Chapter 41 of the Revised Code of the State of Delaware as amended by Chapter 50, Volume 32, Laws of Delaware, be and the same is hereby further amended by striking out all of Paragraph 1005F, Section 3F and inserting in lieu thereof the following to be known as 1005, Section 3F.
1005F, Section 3F. The State Board of Charities is hereby given the authority to examine the circumstances and system relating to the placement of any dependent child in any home and to inspect and investigate the particular home to which such dependent child is to be or has been assigned, and whenever satisfied that a child has been placed by any person, institution, agency, association, corporation, or organization in an improper home, it may order its transfer to a proper one or its removal from the State, and if said order is not obeyed within thirty days it shall itself take charge of the child, returning it to the said person, agency, institution, association, corporation, or organization responsible or otherwise providing for it. Any such person, agency, institution, association, corporation, or organization failing to remove such child after such notice shall at once pay the State such sum as the State may have expended in the care, maintenance or transportation of such child.
Section 4. That Chapter 41 of the Revised Code of the State of Delaware as amended by Chapter 50, Volume 32, Laws of Delaware be and the same is hereby further amended by striking out all of 1005G, Section 3G, and inserting in lieu thereof the following, to be known as 1005G, Section 3G.
1005G, Section 3G. Any person, agency, institution, association, corporation, organization placing any child under the provisions of this Act shall abide by all rules made by the State Board of Charities pertaining to the rejection, importation, placing, supervision, education, health, removal, and general welfare of all such children.
ware, be and the same is hereby further amended by striking out all of 10051, Section 31, and inserting in lieu thereof the following to be known as 10051, Section 31.
10051, Section 31. That any person, institution, agency, association, corporation, or organization, agent or employees thereof, who shall violate any of the provisions of the foregoing Sections 1005D, Section 3D, to 1005G, Section 3G, inclusive, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than One Hundred Dollars ($100.00), in the discretion of the Court, and any such person, institution, agency, association, corporation, or organization, or officer, agent or employee thereof who shall continue to disregard any of the provisions of the said sections for a period of ten days after notification from the State Board of Charities shall be guilty of a new, separate and distinct offense and misdemeanor, and upon conviction thereof, shall be fined for each offense not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00).
Approved April 20, 1933.