Delaware Code Title 16. Health and Safety § 925. Petition for substantiation

(a) If a person responds to the Department and requests a hearing in the Family Court before being entered on the Registry, as provided in § 924 of this title, the Department shall, unless the automatic stay provisions of § 927 of this title apply, file in the Family Court no later than 45 days after receipt of the written request, or in the case of a child, no later than 45 days after the notice of intent to substantiate was sent to the child, a petition for substantiation which requests that the Court substantiate the abuse or neglect and enter the person on the Child Protection Registry at a Child Protection Level designated by the Court.

(b) The petition for substantiation must be filed in the county in which the alleged incident leading to the petition occurred.

(c) The Family Court may, upon motion by the Department or sua sponte, enter an order that places the person on the Registry at a designated Child Protection Level pending a final order on the petition for substantiation.

(d) The Family Court shall appoint counsel for any unrepresented child against whom a petition for substantiation has been filed.