Review and Expunction of Central Registries and Reporting Records - Delaware

Date: May 2018

Right of the Reported Person to Review and Challenge Records

Citation: Ann. Code Tit. 16, § 929; Pol. Man. Admin. Stds. § G

A person who has been entered on the Child Protection Registry at Child Protection Level II or Level III, and who has successfully completed a division-recommended or family court-ordered case plan, may file a petition for removal in the family court prior to the expiration of the time designated for the level. Only a person who has successfully completed that person's own case plan is eligible to petition for an early removal.

A petition for removal from the registry must be filed in the family court in the county in which the substantiation occurred. A copy of the petition must be served on the Division of Family Services. The division may file an objection or answer to the petition within 30 days after being served. In every case, the division shall inform the court whether or not the person applying for removal has been substantiated for abuse or neglect while on the Child Protection Registry. The family court may, in its discretion, dispose of a petition for removal without a hearing.

In policy: Beginning February 1, 2003, the child protection registry shall only contain substantiated incidents of child abuse and neglect. At the conclusion of an investigation, the division shall send written notice to the person's last known address of its intent to place the person on the child protection registry for having committed child abuse or neglect, and shall advise the individual of the opportunity to request a hearing in family court. A hearing request form shall be included with each notice of intent to substantiate. Only the person (alleged perpetrator) who has been notified of the division's intent to substantiate may request a hearing in family court.

When Records Must Be Expunged

Citation: Ann. Code Tit. 16, § 929

A person who has been entered on the Child Protection Registry at Child Protection Level II or Level III will be automatically removed from the registry if the person has not been substantiated for an incident of abuse or neglect while on the registry.

Removal from the Child Protection Registry means only that the person's name has been removed from the registry and may no longer be reported to employers pursuant to chapter 85 of title 11 or chapter 3 of title 31.

Notwithstanding removal from the registry, the person's name and other case information remains in the Division of Family Services' internal information system as substantiated for all other purposes, including, but not limited to, the division's use of the information for historical, treatment, and investigative purposes; child care licensing decisions; foster and adoptive parent decisions; reporting pursuant to § 309 of title 31; reporting to law enforcement authorities; or any other purpose set forth in § 906(e) of this title.