§ 311 — Penalties regarding background checks for child-serving entities and personal information disclosure [For application of this section, see 85 Del. Laws, c. 186, § 8]

(a) Any child-serving entity which fails to comply with the requirements of § 309 of this title, shall be guilty of a class A misdemeanor and shall be punished according to Chapter 42 of Title 11. The Court of Common Pleas shall have exclusive jurisdiction for any offense under this subsection. Notwithstanding any provision of the law to the contrary, if the misdemeanor offense may be joined properly with a felony, such offense shall be within the jurisdiction of the Superior Court.

(b) Any child-serving entity which fails to comply with the requirements of § 309 of this title shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.

(c) Any person seeking employment with a child-serving entity or any person seeking a license or permit under Chapter 12 of Title 14 who knowingly provides false, incomplete or inaccurate criminal history information, Child Protection Registry information, or child sex abuser information or who otherwise knowingly violates § 309 of this title shall be guilty of a class G felony and shall be punished according to Chapter 42 of Title 11. The Superior Court shall have exclusive jurisdiction for any offense under this subsection.

(d) The failure of an individual to disclose any relevant criminal history or Child Protection Registry information shall be grounds for immediate termination or for removal of a placement.

(e) Sanctions shall be promulgated via DSCYF regulation for employees, volunteers, or contractors who fail to inform their employer of any criminal conviction or entrance on the Child Protection Registry and for employers who wilfully hire or retain individuals in violation of this section or in violation of the regulations promulgated hereunder.

Legislative History

80 Del. Laws, c. 154, § 1 ; 85 Del. Laws, c. 186, § 6