Delaware Administrative Code
Title 9 - Services for Children Youth and Their Families
Division of Family Services Office of Child Care Licensing
300 - Abuse and Background Checks
303 - Entry on to and Expungement from the Central Child Abuse Registry
Section 303-11.0 - Administrative Expungement of Substantiated Cases

Universal Citation: 9 DE Admin Code 303-11.0

Current through Register Vol. 28, No. 3, September 1, 2024

11.1 An application for administrative expungement of a substantiated case may be made by any individual whose name is entered on the Central Child Abuse Registry unless there is one or more disqualifying factors. Expungement may be granted only for good cause, and at the discretion of the Division considering, but not limited to, the factors below:

11.1.1 the nature of the substantiation with respect to safety of the children who may come into the individual's direct care;

11.1.2 compliance with a DFS recommended or court-ordered treatment plan;

11.1.3 history of substantiated or unsubstantiated reports of child abuse and neglect;

11.1.4 any evidence of acts involving weapons, explosive devices, or threats of harm;

11.1.5 any evidence of domestic violence involving assaults, stalking, or cruelty to animals;

11.1.6 any evidence of addiction to drugs or alcohol that presents a significant and current threat of harm to children;

11.1.7 untreated or treated medical conditions that present a significant and current threat of harm to children;

11.1.8 length of time since the child abuse or neglect incident;

11.1.9 seriousness of the child abuse or neglect incident;

11.1.10 number of child abuse or neglect incidents;

11.1.11 indication of remorse; and changed behavior.

11.1.12 The Division may consider any other factors relevant to the substantiated individual's application for expungement.

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