Delaware Child Abuse Laws

Delaware child abuse laws criminalize physical, emotional, and sexual abuse of minors and mandate reporting by professionals like dentists, doctors, and teachers. Child abuse is defined as harm or neglect by a parent or caretaker. Reports must be made to Delaware’s Division of Family Services, and failure to report to this department can result in penalties. These laws aim to protect children and ensure timely intervention. For legal advice, consult a criminal defense or family lawyer familiar with Delaware law.

This article explains how the State of Delaware’s child abuse laws work, including the mandated reporter laws. For more information on this topic, consult a local criminal defense attorney or family lawyer.

Delaware Code Definition of Child Abuse

For purposes of this section, Delaware law defines child abuse as when a parent or caretaker emotionally, physically, or sexually abuses, neglects, or abandons a child under 18 years of age.

Acts of abuse do not necessarily involve physical injury. They can result in anything from developmental disabilities to mental health impairments. For example, forcing or allowing a child to use controlled substances can lead to a long-term substance abuse disorder. Exposing a child to domestic violence can damage a child’s emotional and mental well-being.

Reporting Child Abuse in the State of Delaware

As explained above, Delaware law requires certain professionals to report suspected child abuse. This is the case regardless of the child’s age. Even if you don’t qualify as a mandated reporter, you should still notify the authorities if you believe a child is suffering abuse or neglect.

Discretion is important when deciding whether to report suspected acts of abuse. If you're aware of an act that threatens or jeopardizes the welfare of a child, it's likely you should report it as criminal child abuse.

You have nothing to worry about as long as you file a report in good faith. The state will investigate any alleged child abuse cases and determine whether it needs to intervene to protect the child or punish the abuser.

Child Abuse Laws in Delaware: Summary

State statutes and other laws can be difficult to understand. The table below highlights the basics of Delaware child abuse law. and breaks them down .

Delaware Child Abuse Laws Code Section

Del. Code Title 16 §901, et seq.

What Constitutes Abuse Under Delaware Child Abuse Laws

The following are considered child abuse when inflicted on a minor:

  • Serious physical injury through unjustified force
  • Emotional abuse
  • Criminally negligent treatment
  • Sexual abuse
  • Maltreatment/mistreatment,
  • Sexual exploitation
  • Abandonment
  • Endangering
  • Torture

Mandatory Reporters

The following individuals must report suspected child abuse to law enforcement:

  • Medical professionals
  • Healthcare workers
  • Dentists
  • Mental health professionals
  • Social workers
  • Childcare workers
  • Teachers/school employees

Basis of Report of Abuse/Neglect

If a mandated reporter knows or reasonably suspects child abuse or neglect, they must file a report with the Department of Services for Children, Youth and Their Families

Where To File a Child Abuse Report in Delaware

Division of Family Services

Penalty for Failure To Report or False Reporting

Fines of up to $1,000 and/or 15 days in jail

Disclaimer: State laws are subject to change. While we strive to provide the most current information, consult a criminal defense lawyer or family lawyer to confirm your state’s child abuse laws.

Delaware Child Abuse Laws: Do You Need Legal Help?

The physical, psychological, and emotional effects of child abuse can be extreme. You should always report suspected child abuse cases to the authorities as soon as possible. It can make the difference between the child suffering further abuse and having a healthy childhood.

For more information about this topic, visit FindLaw’s child abuse section. You can also reach out to a Delaware criminal defense attorney or family law attorney.

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