This bill requires criminal background checks for any current or prospective employee, contractor, and volunteer of the Division of Health and Social Services (DHSS) who visits children in their homes and in the community and has regular, direct access to children or adolescents under the age of 18. The background check includes fingerprinting for Delaware and national background checks as well as a check of the Child Protection Registry. An individual who has a disqualifying criminal conviction or is on the Child Protection Registry at Level III or IV may not be an employee, contractor, or volunteer in any capacity that involves visiting children in their homes or the community or having regular, direct access to children. DHSS, if it chooses, may use its Background Check Center, which processes background checks for individuals working in home-care and long-term care facilities. It differs from the original bill in that it permits DHSS to use its Background Check Center to accomplish these additional background checks, specifies Child Protection Registry status that is disqualifying, and makes other minor technical changes.
Sponsored bills
This Act modernizes the hate crime statute and consolidates related offenses together with the hate crime statute in the Criminal Code. Changes to the hate crime statute include: (1) That the hate crime be motivated, in whole or in part, on a bias. This reflects instances where a hate crime is committed but is only motivated in part by hate in addition to another component. (2) That the focus be on the defendant’s belief or perception. Currently our law focuses on the victim’s actual race, gender, religion, or other immutable characteristic, rather than focusing on the state of mind of the defendant. This change refocuses the inquiry on the defendant’s state of mind, and specifically, what the defendant believes to be true at the time the act was committed. (3) Prohibiting any crime committed in whole or in part on a belief or perception of an immutable characteristic of a group. This Act adds “group” to make clear that a hate crime can be committed because of the hate towards a group at large. In addition, this Act does the following: (1) Combines and updates the existing desecration and desecration of a burial place sections maintaining the existing penalties. (2) Establishes a right of civil remedies to allow individuals to seek relief from hate crime, desecration, and religious symbol burning related injury. (3) Requires law enforcement to report violations and investigations of violations of hate crimes to the Division of Civil Rights and Public Trust. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act establishes certification and continuing education requirements for central service technicians working in hospitals and freestanding surgical centers. Central service technicians are an important part of the healthcare team responsible for decontaminating, inspecting, assembling, disassembling, packaging, and sterilizing reusable surgical instruments and equipment. This Act requires individuals who perform the tasks of a central service technician to pass a nationally accredited examination and to hold either a certified registered central service technician credential or certified sterile processing and distribution technician credential within 18 months of hire. This Act grandfathers anyone working as a central service technician in a health care facility on or before January 1, 2023.
This bill makes needed changes to the Lyme Disease Oversight Board by adding 2 members including an infectious disease epidemiologist and a licensed veterinarian or entomology specialist.
This bill updates the State Bureau of Identification’s definition of “criminal justice agency” in two ways. First, by adding the Division of Management Support Services in the Department of Services for Children, Youth & Their Families to reflect the shift in some criminal justice functions to that Division from the Division of Family Services. Second, by clarifying that the Office of the Child Advocate is a criminal justice agency. The Office of the Child Advocate provides legal representation to children in foster care, and the Investigation Coordinator, located within the Office of the Child Advocate, is a member of the criminal multidisciplinary response to child abuse and neglect.
This Act deletes from the Delaware Code a derogatory and highly offensive term for Italian-, Spanish-, and Portuguese-American immigrants.
This bill permits health-care providers who are licensed in a state other than Delaware to deliver health-care services by telehealth and telemedicine only if a health-care provider-patient relationship has been established in accordance with § 6003 of Title 24.
In 2016, Title 2, Chapter 19 was enacted to address the growing use of ride share applications also known as a Transportation Network Companies (“TNC”), which transport passengers for compensation. In 2016, the General Assembly acknowledged the importance of protecting TNC passengers as well as other drivers on Delaware roads by requiring that a TNC possess $1,000,000.00 in death, bodily injury and property damage insurance coverage when transporting passengers. Because many Delaware citizens do not use a TNC for transportation but use other forms of transportation, such as buses, taxicabs or limousines, this Act increases the death, bodily injury and property damage insurance coverage required for the Delaware Transportation Authority (i.e. DART buses) and public carriers as defined by Chapter 18, Title2 to that which is already required by a TNC. The Act also requires that public carriers, TNCs and Delaware Transportation Authority possess uninsured and underinsured insurance coverage to protect their passengers. The Act will take effect on July 1, 2022.
This Substitute Act requires all new and renewing rental agreements for a lot in a manufactured home community to contain the following: (1) For a manufactured home community that is supplied by potable water from a private water system, a provision requiring the landlord to have the water tested in compliance with the requirements applicable to a community water system and report the findings to those required for a community water system, including tenants, the Division of Public Health, and the Department of Justice’s Manufactured Housing Ombudsperson. (2) For a manufactured home community with an on-site wastewater treatment and disposal system, a provision requiring the landlord to have the system emptied, serviced, and inspected at least every 3 years and to report the findings to tenants, the Department of Natural Resources and Environmental Control, the Department of Justice’s Manufactured Housing Ombudsperson, and the applicable county or municipal government. This Substitute Act differs from the original Act by better aligning the requirements for testing of a manufactured home community’s private water system and for emptying, servicing, and inspection of a community’s on-site wastewater treatment and disposal systems to existing State regulatory authority.
This bill creates a special license plate for Combat Veterans.