WILMINGTON, Del. – Governor Carney signed multiple pieces of legislation on Monday related to maternal and infant health aimed at decreasing infant and maternal mortality and expanding services to communities across the state. The series of legislation will improve health outcomes for families and infants throughout Delaware.

“This package of legislation is important for our community,” said Governor Carney. “Every child deserves a first chance to succeed and every mother and family should feel supported throughout and after a pregnancy. These bills will help address infant and maternal mortality in our community and expand services to families across the state. Thank you to Representative Minor-Brown, Senator Pinkney and other members of the General Assembly for their leadership on these pieces of legislation. Thank you to the health care providers and the advocates for the work they do every day.”

The United States has one of the highest rates of maternal mortality among high-income countries and wide disparities by race that have been documented since rates separated by race were first published in 1935.

“As a nurse and a Black woman, I am extremely aware of the maternal and infant health issues affecting Delaware families, particularly Black mothers and babies. I personally experienced preventable complications during both of my pregnancies, as an 18-year-old and as a 30-year-old registered nurse,” said Representative Melissa Minor-Brown, who was the lead House sponsor of all six bills. “Black women made up one of every four women giving birth in Delaware between 2011 and 2018, but they made up half of the mothers who died in childbirth. These are more than statistics; they are mothers and children who leave behind loved ones. These new laws are designed to help all Delaware mothers and infants, to improve their outcomes and increase their chances for a successful and healthy pregnancy, birthing process and postpartum. Taken together, these laws will make a huge impact on Delaware families across the state by breaking down barriers to vital healthcare treatment and removing other obstacles that mothers and families have faced.”

“I am incredibly proud of this package of legislation, both as a Black woman and as a social worker. All too often, I see patients without adequate insurance who can’t afford to keep up with their recommended care plans once they are discharged,” said Senator Marie Pinkney. “I have seen patients who have been discriminated against based on their race, their gender identity and their substance use. I have seen the difference in outcomes between birthing mothers who had access to a doula and those who did not. As lawmakers, we must do everything in our power to make it easier for new mothers to focus on birthing healthy children and then to advocate for their prenatal and postpartum needs. These bills will remove barriers and reduce disparities for all future generations of Delaware mothers.”

House Bill 340 revamps the Child Death Review Commission to include more focus on maternal concerns. The commission will be renamed the Maternal and Child Death Review Commission to reflect its existing dual focus. The definition of “maternal death” will also be updated and the Commission would reflect diverse membership that would include a midwife and one maternal and one child advocate from statewide non-profit organizations. In an effort to be transparent, the group will be required to publicly post its draft report and accept written public comment.

“The Child Death Review Commission is a critical function of our state’s judiciary,” said Senate Majority Leader Bryan Townsend. “By expanding its scope to focus on maternal issues, we may better understand some of the social determinants of health that affect pregnancy and the following months of postpartum recovery.”

House Bill 344(S) requires the Delaware Perinatal Quality Collaborative to establish a subcommittee to develop bias and cultural competency training for healthcare employees. The subcommittee will develop training guidelines designed for use in all healthcare fields and shall release the initial guidelines by July 1, 2023. The subcommittee will review data every year thereafter and revise the guidelines as necessary.

“Delaware has world class health care providers, but they are also human. The only way to build a health care system that works for everyone is to ensure that our providers are provided the opportunity to grow, to fill knowledge gaps, and to address biases that they may not even be aware they hold,” said Senator Sarah McBride. “I’m proud to have supported the entire Momnibus package, but I’m particularly thrilled to have joined with Rep. Minor-Brown on HB 344 to empower more providers with the information and resources they need to alleviate patient fears and offer the best possible care to every patient no matter their background.”

House Bill 342 expands existing restrictions on the use of restraints on women who are giving birth or in labor to include pregnant women and those in the 13-week post-partum period.

House Bill 345 ensures pregnant women or women who have given birth within the past six weeks who are subject to the custody of the Department of Corrections at Level IV or V have access to midwifery and doula services by requiring the department to make reasonable accommodations for provision of available midwifery or doula services.

House Bill 343 requires the Division of Medicaid and Medical Assistance to present a plan to the General Assembly by November 1 for coverage of doula services by Medicaid providers. The services will be provided by a trained doula designed to provide physical, emotional, and educational support to pregnant and birthing persons before, during, and after childbirth. This will include support and assistance during labor and childbirth, prenatal and postpartum support and education, breastfeeding assistance, and parenting education.

House Bill 234 requires the Division of Medicaid and Medical Assistance to extend Medicaid postpartum coverage to 12 months from the end of pregnancy through the state plan amendment option created by the American Rescue Plan Act of 2021.

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Healthy Delaware Families Act Creates Statewide Leave Program effective January 1, 2025

DOVER, Del. – Governor John Carney on Tuesday signed Senate Substitute 2 for Senate Bill 1 into law surrounded by members of the General Assembly and advocates. This legislation creates a statewide paid family and medical leave insurance program, offering eligible Delaware workers up to 12 weeks of paid leave to address a worker’s own serious health condition; to care for a family member with a serious health condition; to bond and care for a new child; or to address the impact of a family member’s military deployment.

Statewide paid family and medical leave will go into effect for workers in Delaware on January 1, 2025.

“This legislation will build on the work we’ve done for state employees and extend paid leave into the private sector. It’s the right thing to do and it will make Delaware more attractive for younger workers,” said Governor John Carney. “Thank you to Senator McBride and Representative Heffernan for their leadership on this important issue.”

“Today is about families and the most Delaware of values: that in a state of neighbors, we share a duty to care, to support one another when we need it most and to look out for each other’s family like we do our own,” said Senator Sarah McBride. “My heart is full of gratitude for the many advocates and leaders who supported taking real action for the new moms forced to go back to work days after giving birth, for the parents fundraising online to make up for wages they lost while caring for a sick child, and for the patients who had to forgo treatment to pay their rent or keep food on the table,” she said. “Through collaboration and compassion, we have shown that small states can do big things for the people we represent.”

“When you consider the health benefits of this legislation combined with the economic impact it will have on working families, Senate Bill 1 is really one of the most transformative policies to come before the 151st General Assembly,” said Senate Majority Leader Bryan Townsend. “This bill answers one of the most profound hardships that families are facing today with a smart, compassionate solution that will support our state’s families while also strengthening our workforce and the businesses that depend on it.”

“Today, we’re confirming what many have known for a long time: Paid family leave is a right. This isn’t a perk or some nice-to-have benefit; it’s essential to welcome a child, care for a sick or dying loved one, or deal with a serious medical issue. When my first child was born, I had to take short-term disability, then unpaid leave. By the time I had my other two kids, I left my full-time job because I couldn’t afford to take unpaid leave and then pay for daycare. No parent should have to make that decision,” said Representative Debra Heffernan. “The Healthy Delaware Families Act says that Delaware workers will no longer have to choose between their children, their loved ones, their health, and their job. It will give residents the security to take on these critical life situations and know that they don’t have to sacrifice their careers. Employers know this is a sound and compassionate policy. That’s why so many companies already offer paid family leave.”

“The reality is that many of us will have to step away from our work to welcome a new family member, recover from an illness, or care for our loved ones. The Healthy Delaware Families Act will ensure that workers are able to meet these urgent personal and family health care needs without having to worry about job security or other concerns down the road,” said House Majority Leader Valerie Longhurst. “This legislation is truly a win-win solution that will empower workers to make decisions that are right for their physical, mental, and emotional health, while leveling the playing field for employers and businesses of all sizes.”

Bipartisan 2022 Delaware Relief Rebate Program cleared the General Assembly on Thursday

DOVER, Del. – Governor John Carney on Thursday signed House Bill 360 that will send $300 in direct payments to Delaware taxpayers and adults. The bipartisan tax rebate legislation, which will provide a total of $600 for married couples, is intended to help counter the impact of inflation on Delaware families.

Checks will be issued by the end of May to Delawareans who already filed their 2020 personal income tax returns.

Visit de.gov/rebate for additional information and frequently asked questions. 

“Delaware families are dealing with higher costs at the grocery store and the gas pump,” said Governor Carney. “Every taxpayer I’ve ever talked to expects us to manage their money in a way that’s responsible and sustainable over the long term. These direct payments to Delaware families are part of a broader, responsible budget proposal that will invest in education, our economy, and Delaware communities, and increase our reserves to prepare our state for the future.” 

“The Delaware General Assembly and Governor John Carney have stepped up throughout the COVID-19 pandemic to help our communities weather the economic impact of the worst public health crisis in generations,” said Senate Majority Leader Bryan Townsend.  “We voted to raise the minimum wage, exempted Delawareans and local businesses from state unemployment taxes, increased access to primary care and, today, passed legislation to create a paid family and medical leave insurance program in the First State. Now, we are putting money back in the hands of taxpayers at a time when they are facing higher costs for groceries, fuel and other household bills. I am particularly grateful to my colleagues for working to ensure we are extending the same relief to retirees and people who may have been unemployed in 2020 and most likely need this assistance the most.”

“While our economic recovery has been strong in many ways, it has also slammed residents with new challenges of increasing costs in almost every facet of their life. Residents have seen increased costs at grocery stores and at the gas pump, but fortunately, we as a state are in a position to provide some assistance,” said House Majority Leader Valerie Longhurst. “Our record surplus has allowed us to provide direct relief to every taxpayer and adult resident in the state. These rebates are one way we can help offset residents’ recent hardships and ease the burden many are facing. I’m looking forward to seeing the first checks go out to residents in the coming weeks.”

“With prices of gasoline, food, and other necessities continuing to rise, the General Assembly needed to act quickly. I’m proud of the work each of the caucuses in the legislature accomplished to provide much needed relief to Delawareans,” said Senate Minority Leader Gerald Hocker.

“This rebate will return approximately $230 million to Delaware citizens,” said State House Minority Leader Danny Short. “My members believe this initiative should be the first significant step in a process to better balance the cost of providing state services and easing the tax burden on all Delawareans.”

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WILMINGTON, Del. – Governor John Carney on Monday signed into law eight pieces of legislation designed to restore public trust in Delaware’s criminal justice system, protect minors from facing lifelong consequences for their juvenile mistakes, and expand second chance opportunities for adults who have turned their lives around.

The bill signed today will expand the mandatory reviews of police use-of-force incidents mandate the recording of custodial interrogations, prohibit the publication of juvenile mugshots, end the prosecution of children under 12, and expand Delaware’s adult expungement law.

“I’ve said before that talk is cheap, and it’s on us to make progress,” said Governor Carney. “This has been an incredibly productive session for the General Assembly on making meaningful change to criminal justice reforms. Thank you to the members of the Delaware Legislative Black Caucus for leading the Justice for All Agenda, to the members of the General Assembly, and to the many advocates who worked on these important pieces of legislation.”

House Bill 115, sponsored by Rep. Nnamdi Chukwuocha, ends the prosecution of children under 12, except for the most serious charges, and bars transferring juveniles under 16 to Superior Court.

Scientific research has determined that youths’ brains are still developing well into adulthood, and HB 115 would take that into account by setting a minimum age of prosecution. Children in Delaware have minimum ages set for many things: getting a driver’s license, enlisting in the military, applying for a loan or opening a credit card, using a tanning bed, drinking alcohol, and buying tickets to an R-rated movie. 

“Adolescents’ brains aren’t fully developed until they’re in their mid-20s, so charging 10-year-olds with crimes only damages the child’s future. Too many lives have been sent down a dark path because of a youthful mistake,” said Rep. Chukwuocha, D-Wilmington North. “There are better ways to hold young children accountable for minor incidents without causing lifelong problems by putting them into the criminal justice system at such a young age.”

Under HB 115, juveniles under 12 could only be criminally charged with serious offenses such as murder, first- or second-degree rape or using a firearm. Juveniles under 12 who otherwise would be charged with less serious offenses would be referred to the Juvenile Offender Civil Citation Program.

House Bill 215, sponsored by Rep. Melissa Minor-Brown, requires law enforcement to electronically record custodial interrogations when they relate to a crime allegedly committed by an adult or a delinquent act allegedly committed by a child. The recording may include audio or video and audio, depending on the equipment available at the time of the interrogation.

“Interrogations are a critical component of the law enforcement process, but too often, there are questions about what actually was said or what happened in that room,” said Rep. Minor-Brown, D-New Castle South. “Much like body cameras, taping interrogations will provide an accurate record of what happened. It will increase transparency and accountability, but it will also provide protection for both the person being questioned and the officers conducting the interrogation. It will reduce false accusations and help restore trust in the process.”

Under HB 215, law enforcement officers would be required to record audio and video in most circumstances, including through the use of body-worn cameras. Interrogation subjects could refuse to participate in recordings at any time and such refusals would have to be recorded in writing or on video. The bill also directs the Council on Police Training to adopt standards and rules regarding the use of recording devices and the chain of custody that must be followed. HB 215 goes into effect nine months from signature.

House Bill 162, also sponsored by Rep. Minor-Brown, establishes a new fund for competitive grants for the targeted provision of services that have been proven effective in helping juveniles avoid contact with the criminal justice system. The new law also allocates $500,000 to the fund for cognitive behavioral therapy services and vocational training services.

“More than 80% of Delaware’s young offenders who pass through the criminal justice system reoffend within an 18-month period,” said Rep. Minor-Brown. “To address this head on, HB 162 creates competitive grants through the Kids Department supporting effective services to help reduce the recidivism rate among juveniles by keeping youth out of the criminal justice system in the first place.”

House Bill 243, sponsored by Rep. Franklin Cooke, ends the practice of disseminating mugshots of juveniles charged with minor crimes. The new law prohibits law enforcement agencies from releasing or publishing any image depicting a juvenile, including displaying an image on any publicly maintained social media page or website. The bill includes an exception for situations where a juvenile is charged with a violent felony, and release or publication of the photograph is necessary to protect the public’s safety.

Last year, Governor John Carney issued an executive order prohibiting executive branch law enforcement agencies, including the Delaware State Police and Capitol Police, from releasing juvenile mugshots, but there is no universal policy among Delaware’s 40-plus police agencies regarding publication of mugshots of minors.

“As we know, information that is posted on the internet lives on forever and can follow a person around for years. In that way, a mistake someone made as a teenager can come back to haunt them in adulthood, hurting their job prospects, even if they have managed to put their life on the right track,” said Rep. Cooke, D-New Castle North. “Worse, posting a mugshot of a juvenile online when they are simply charged with or sought in connection with a crime associates them with that offense, even if the charges are dropped, or if they’re found not responsible. Ending this practice will reduce the problems that follow people around for the rest of their lives.”

Senate Bill 148, sponsored by Senator Marie Pinkney, expands the power of the Delaware Department of Justice’s Division of Civil Rights and Public Trust to review police use-of force incidents that result in serious physical injury in addition to the office’s existing mandate to review all deadly-force incidents.

To help Delaware better track whether force is applied differently when it comes to race, SB 148 also would require the division to report the race of individuals involved in use-of-force cases and specify whether race played a factor in how force was applied.

“Senate Bill 148 is a companion bill to legislation I sponsored, and Governor Carney signed on June 30, to create the first objective use-of-force standard in Delaware,” said Senator Pinkney, D- New Castle. “Taken together, these measures will allow us to finally hold police officers accountable in a court of law when excessive force is used on a member of the public, and allow us to better track who is being physically injured by the men and women sworn to protect us.”

Governor Carney on Monday also signed three restorative justice bills sponsored by Senator Darius Brown that will further expand second-chance opportunities for Delawareans who have paid their debt to society.

Senate Bill 111, also known as the Clean Slate Act, will automate Delaware’s existing expungement process for thousands of adults and juveniles by eliminating the need for them to first file a petition with the State Bureau of Identification. Initial estimates indicate more than 290,000 adults could benefit immediately from the Clean Slate Act once it is fully implemented.

Senate Bill 112 will expand eligibility for mandatory expungements, while Senate Substitute 1 for Senate Bill 38 includes a number of technical revisions to the original Adult Expungement Reform Act passed by Senator Brown in 2019.

“Delawareans with a criminal record for even the lowest level crimes face barriers to employment, housing and an education – a lasting punishment that can haunt them long after their sentence is complete,” said Senator Brown, D-Wilmington. “We created a path to redemption for many of our formerly justice-involved neighbors two years ago, but only a fraction of people eligible for an expungement have obtained this important relief because the petition-based system currently in place can be expensive and time-consuming for the very people who need it the most. The Clean Slate Act represents a major step forward in our advancement of restorative justice that will ensure these hurdles never again stand in the way of another Delawarean obtaining a second chance at life.”

“The bills signed by Governor Carney today reflect what stakeholders have always known: our legal system works best when it is transparent, fair, and recognizes that one-sized-fits all justice is not justice at all,” said Lisa Minutola, Chief of Legal Services for the Office of Defense Services. “With these bills, Delaware is sending a message that it will make every effort to divert young children from the legal system and provide second chances so that all Delaware citizens can lead productive lives.”

“We are thrilled that Governor Carney has signed these important pieces of legislation. We remain committed to giving people a second chance,” said Tom Horne, Market Leader for JPMorgan Chase in Delaware. “With a local workforce of more than 11,000 in Delaware, JPMorgan Chase will continue to support policies that will broaden access to job opportunities and drive inclusive economic growth and to make our community a better place to live.”

Several of these bills are part of the Delaware Legislative Black Caucus’ Justice for All Agenda, a series of legislative priorities to address systemic racial injustice and police brutality unveiled in June 2020 in the wake of the murder of George Floyd and other prominent deaths involving Black Americans. Lawmakers pledged to support a wide array of reforms, including the establishment of two task forces to address law enforcement accountability and systemic issues affecting Black residents.

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Legislation encourages adoption of solar power and electric vehicles, curbing balloon releases

WILMINGTON, Del. – Governor John Carney on Friday joined members of the General Assembly and environmental advocates at a Wilmington-based solar array to sign three environmentally focused bills that will help expand the use of renewable energy, reduce carbon emissions, and protect Delaware’s fragile ecosystems from the harmful effects of plastic waste.

“It takes all of us working together to address the existential threat of climate change in our communities,” said Governor John Carney. “It is my pleasure to finish the great work of Senator Stephanie Hansen, members of the General Assembly and advocates across the state, and sign these important pieces of legislation to protect our state’s environment for future generations.”

 
All three bills signed Friday were sponsored by Senator Stephanie Hansen, who chairs the Senate Environment & Energy Committee.

“These measures – along with the updated Renewable Portfolio Standards signed by the governor in February – mark significant steps forward in Delaware’s energy policies and our stewardship of the natural environment,” said Senator Stephanie Hansen. “None of these bills would have been possible without input from dozens of environmentalists, community groups, businesses and advocates who were willing to put aside their differences to help forge policies that will lead to a healthier, cleaner and more sustainable Delaware.”

Signed at the site of a 2-megawatt solar array near the confluence of the Brandywine Creek and Christina River owned by Soltage LLC, Senate Bill 2 is designed to accelerate the adoption of community-based photovoltaic systems in Delaware.

The legislation creates a legal framework that will allow residents to enjoy the cost savings and low-carbon footprint of solar power without needing to install photovoltaic panels on their own properties. Instead, neighbors and community groups can receive a credit on their electric bill by subscribing to a centrally located community solar project, which can now be developed under a variety of ownership, management, and contract models.

Delaware law has allowed for community-owned solar generation facilities since 2010, when the shared solar concept was still being tested throughout most of the country. Today, at least 40 states and the District of Columbia host at least one community solar project with most located in Maine, Minnesota, New York and Colorado.

Under a regulatory process implemented by the Public Service Commission with consumer protections provided by the Delaware Department of Justice, SB 2 requires all community solar projects in Delaware to serve a diverse customer base that includes low-income and middle-class households — an environmental justice component that will ensure solar energy is available to all Delawareans.

“The Public Service Commission looks forward to working with stakeholders on community solar certification requirements and important customer protections which will allow more Delawareans to participate in this exciting, fast growing market,” said Matt Hartigan, Director of the Public Service Commission.

“Senate Bill 2 addresses barriers to community solar development in our state,” said Drew Slater, Public Advocate. “This legislation was a collaborative approach with many stakeholders and through forums held by Senator Hansen. It is a testament to everyone’s hard work that this legislation received overwhelming support from the General Assembly and is enacted into law by Governor Carney this afternoon.”

“Soltage is excited to see Senate Bill 2 passed today, as we know first-hand the impact it will have on Delaware’s solar economy and community solar buyers,” said Soltage CEO and Co-Founder, Jesse Grossman. “This type of legislation is key for opening up clean energy markets, driving economic growth and job creation in the state, and ultimately, helping the country achieve the decarbonization needed to avoid the worst effects of the climate crisis.”

Governor Carney on Friday also signed Senate Bill 21, an amendment to the Delaware Energy Act that encourages the adoption of electric vehicles by creating a more accessible charging-station infrastructure in the First State. The legislation specifically allows state agencies to charge employees and the public a fee for the use of charging stations on state property so long as those fees do not exceed the agency’s cost.

Finally, Governor Carney signed Senate Substitute 1 for Senate Bill 24, legislation that makes it unlawful to intentionally release balloons filled with air or lighter-than-air gases. Releasing four balloons or fewer is considered littering and a first offense is punishable by a fine of at least $25. A mass release of five or more balloons carries a civil penalty of $250 and up to eight hours of community service on first offense.

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