Child Abuse Reporting Laws for Delaware

Last Reviewed:

State and Statute: Delaware, Code Title 16 §§ 901 et seq.

What Is Reportable “Abuse”: Physical injury or neglect by those responsible for the care, custody and/or control of the child; emotional or sexual abuse, exploitation, maltreatment, or mistreatment, torture by anyone. [Code Title 10 §§ 901]

Mandatory Reporters: Includes any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect. [903(a)]

How and Where to Report: Oral report to the Department of Services for Children, Youth and Their Families (a telephone call to the 24-hour, toll-free hotline (1-800-292-9582) is acceptable). “Written report, if requested, shall be made in accordance with the rules and regulations of the Division, or in accordance with the rules and regulations adopted by the Department.” [904(a)]

Timeline to Report: Immediately. [904(a)]

Clergy Privilege: “No legally recognized privilege, except that between…priest and penitent in a sacramental confession, applies to situations involving known or suspected child abuse…and does not constitute grounds for failure to report [child abuse] or to give or accept evidence in any judicial proceeding relating to child abuse or neglect.” [909(a)]

Penalty for Knowingly Failing to Report: Fine of not more than $10,000 for first violation, nor more than $50,000 for subsequent violation. [914]

Civil Liability for Failure to Report Recognized?

“Whoever violates section 903 of this title shall be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation.” [914(a)]

In any action brought under this section, if the court finds a violation, the court may award costs and attorneys’ fees. [914(b)]

Immunity for Inaccurate Report: “Any person participating in good faith in the making of a report or notifying police officers pursuant to this chapter … has immunity from any liability, civil or criminal, that might otherwise exist.” [908(a)]

Disclosure of Mandatory Reporter’s Identity: Anonymous reports may be made, but Department may request reporter’s name and address. [905(e)]

Additional Information for Delaware:

All information provided here was most recently verified in March of 2023.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

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