31 Del. C. § 2824 — Delaware Code / Title 31 / Chapter 28 / Subchapter II / Section 2824
§ Â
        2824. Recording anatomical gift data.
Status: in_force

(a) The Delaware Hospital for the Chronically Ill shall, if possible, ascertain from a patient upon admission whether or not the patient has donated all or part of that patient’s own body as an anatomical gift either by will or in a manner permitted by § 2713 of Title 16 and the person, institution or organization to which such gift has been made.

(b) The Delaware Hospital for the Chronically Ill shall maintain as part of a patient’s permanent record the information required under this section and such other pertinent information about said anatomical gift which will facilitate the carrying out of the patient’s wishes in the event of that patient’s death. Upon the death of a patient who has made an anatomical gift, the Delaware Hospital for the Chronically Ill shall make every reasonable effort to contact without delay the person, institution or organization to which such gift has been made.
31 Del. C. § 4305 — Delaware Code / Title 31 / Chapter 43 / Section 4305
§ Â
        4305. Interest of authority member or employee in projects.
Status: in_force

No member or employee of an authority shall acquire any interest, direct or indirect, in a project or in any property then or thereafter included or planned to be included in a project, nor retain any interest direct or indirect in any property acquired subsequently to the member’s or employee’s appointment or employment which is later included or to the member’s or employee’s knowledge planned to be included in a project, nor shall the member or employee have any interest, direct or indirect, in any contract or proposed contract for materials or services to by furnished or used in connection with any project. If any member or employee of an authority owns or controls an interest, direct or indirect, in any property included in any project, which was acquired prior to the member’s or employee’s appointment or employment, the member or employee shall disclose such interest and the date of acquisition thereof in writing to the authority, and such disclosure shall be entered upon the minutes of the authority.
31 Del. C. § 397 — Delaware Code / Title 31 / Chapter 3 / Subchapter VII / Section 397
§ Â
        397. Federal financial participation.
Status: in_force

The State Treasurer shall receive all money paid to the State by the Secretary of the Treasury of the United States, on account of aid provided under this subchapter, and shall make payments from such moneys and moneys appropriated by any law of this State in accordance with this subchapter and under the United States Social Security Act [42 U.S.C. § 301 et seq.].
31 Del. C. § 4015 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4015
§ Â
        4015. Audit of books and accounts.
Status: in_force

The office of Auditor of Accounts shall cause an annual audit of the books and accounts of DSHA. The selection of the firm to perform the annual audit of the books and accounts of DSHA shall be mutually agreed upon by the office of the Auditor of Accounts and the Housing Director who shall consult and cooperate with each other in the selection, contract, employment and scope of professional services to be rendered, provisions in Chapter 29 of Title 29 notwithstanding. The audit shall be performed by a certified public accountant of recognized national standing and shall conform in all respects to the covenants contained in all bond resolutions entered into by DSHA for the benefit of its bondholders. DSHA shall transfer funds, as requested by the office of Auditor of Accounts, to cover the cost of the audit.
31 Del. C. § 4311 — Delaware Code / Title 31 / Chapter 43 / Section 4311
§ Â
        4311. Condemnation procedure.
Status: in_force

Whenever the housing authority cannot agree with the owner of any land, building, franchise, easement or other property necessary to be taken or used in the construction, reconstruction or maintenance of any housing project or proposed housing project, which the housing authority constructs, reconstructs or otherwise improves, or proposes to construct, reconstruct or otherwise improve, for the purpose thereof, the housing authority may exercise the power of eminent domain by proceeding in accordance with Chapter 61 of Title 10.
31 Del. C. § 4013 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4013
§ Â
        4013. Powers of DSHA.
Status: in_force

In addition to its other powers, DSHA is hereby granted, has and may exercise all powers necessary or appropriate to carry out and effectuate its corporate purposes, including, without limitation, the following:

(1) To sue and be sued in its own name;

(2) To have perpetual succession;

(3) To maintain an office at such place or places within this State as it may designate;

(4) To adopt and from time to time, amend and repeal bylaws, rules and regulations, not inconsistent with this chapter, to carry into effect the powers and purposes of DSHA and the conduct of its business;

(5) To acquire real or personal property, or any interest therein, on either a temporary or long-term basis in the name of DSHA by gift, purchase, transfer, in the manner prescribed by Chapter 61 of Title 10, foreclosure, lease or otherwise, including rights or easements; to hold, sell, assign, lease, encumber, mortgage or otherwise dispose of any real or personal property, or any interest therein, or mortgage lien interest owned by it or under its control, custody or in its possession and release or relinquish any right, title, claim, lien, interest, easement or demand, however acquired, including any equity or right of redemption in property foreclosed by it; and to do any of the foregoing by public or private sale, with or without public bidding, notwithstanding any other law;

(6) To make mortgage loans on such terms and conditions as may be determined by the Housing Director, and in accordance with this chapter, for the construction, financing, refinancing or rehabilitation of housing for low- and moderate-income persons and families;

(7) To insure mortgage loans to finance the building or rehabilitation of housing designed and planned to be available by sale or lease to low- or moderate-income persons and families;

(8) To build or rehabilitate housing designed and planned to be sold or rented at prices which low- and moderate-income persons and families can afford, and to rent or otherwise dispose of such housing to persons and families of low- and moderate-income or to housing sponsors for the purpose of renting or selling such property to such persons and families;

(9) To charge rents for the use of residential housing facilities in the amounts sufficient to comply with any agreements of DSHA, whether in connection with the issuance of bonds or otherwise including, but not limited to, reimbursement of all costs of financing by DSHA and such service charges as DSHA shall determine to be reasonable, and, in connection with its authorized programs, to make and collect such charges including, but not limited to, reimbursement of all costs of financing by DSHA and such service charges and insurance premiums as DSHA shall determine to be reasonable;

(10) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities from private or public parties to effectuate the purposes of this chapter;

(11) To enter into agreements with the State or any agency thereof, municipalities of the State, the United States, public corporations or bodies and private corporations or individuals and to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions including contracts or agreements with qualified mortgage lenders for the servicing and processing of mortgage loans pursuant to this chapter and to accept grants and the cooperation of the United States or any agency thereof or of the State or any agency thereof, or any public corporation or municipality in furtherance of the purposes of this chapter;

(12) To provide, contract or arrange for consolidated processing of any aspect of a housing development in order to avoid duplication thereof by either undertaking the processing in whole or in part for any department agency, or instrumentality of the United States or of this State, or, in the alternative, to delegate the processing in whole or in part to any such department, agency or instrumentality;

(13) To provide advice, technical information (including assistance in obtaining federal and state aid), training and educational services, as will assist the planning, construction, rehabilitation and operation of housing developments for persons and families of low- and moderate-income, including, but not limited to, assistance in community development and organization, home management and advisory services for the residents of housing developments and to encourage community organizations to assist in developing the same;

(14) To encourage research and demonstration projects in order to develop new and better techniques and methods for increasing the supply of housing for persons and families of low- and moderate-income, and to engage in such research and demonstration projects and to receive and accept contributions, grants or aid, from any source, public or private, including, but not limited to, the United States and this State, for carrying out this purpose;

(15) To employ architects, engineers, attorneys, accountants, housing construction and financial experts and such other advisors, consultants and agents as may be necessary in its judgment and to fix their compensation;

(16) To procure insurance against any loss in connection with its property and other assets, including mortgages and mortgage loans, in such amounts and from such insurers as it deems desirable;

(17) To invest any funds not needed for immediate use or disbursement including any funds held in reserve in the following:

a. Any bonds or other obligations which as to principal and interest constitute direct obligations of, or obligations guaranteed by, the United States or the State;

b. Obligations of the Federal National Mortgage Association;

c. Obligations of the Federal Intermediate Credit Corporation;

d. Obligations of Federal Land Banks;

e. Obligations of Federal Home Loan Banks;

f. Certificates of deposit of banks or trust companies, including the Trustee, organized under the laws of the United States or any state thereof which have a combined capital and surplus of at least $15,000,000;

g. Bankers Acceptances;

h. Commercial paper, which has been classified for rating purposes by Dunn & Bradstreet, Inc., as Prime-1, or by Standard & Poor’s Corporation as A-1;

i. Bonds, debentures, notes or other obligations issued by any of the following: Bank for Cooperatives, Export-Import Bank of the United States, Government National Mortgage Association, Federal Financing Bank, Small Business Administration or any other agency or instrumentality of the United States of America, created by an Act of Congress (substantially similar to the foregoing in its legal relationship to the United States of America);

j. Contracts for the purchase and sale of obligations described in paragraphs (17)a. through e. and in paragraph (17)i. of this section;

k. Interest-bearing notes issued by a bank, trust company, national banking association or other depository institution or by a bank holding company, an insurance company or other financial institution;

l. Shares of any investment company that:

1. Is registered under the Investment Company Act of 1940, as amended [15 U.S.C. § 80a-1 et seq.];

2. Invests substantially all of its assets in short-term high-quality money-market instruments;

3. Maintains a constant net asset value per share; and

4. Maintains a rating at least as high as DSHA’s bonds;

m. Other investment arrangements made pursuant to an investment agreement authorized by a resolution of DSHA; and

n. Corporate debt obligations, rated at least as high as DSHA’s bonds, which have a fixed par value and/or whose terms promise a fixed dollar amount at maturity or call date;

(18) To borrow money and issue bonds and notes or other evidence of indebtedness as hereinafter shown without regard to the treatment of interest thereon for federal income tax purposes; provided however, that DSHA shall not issue bonds and notes to exceed $350,000,000 without General Assembly approval with respect to bonds and notes subject to the Capital Reserve Fund established under § 4020 of this title;

(19) To the extent permitted under its contract with the holders of bonds, bond anticipation notes and other obligations of DSHA, to consent to any modification with respect to rate of interest, time and payment of any installment of principal or interest security or any other term of any contract, mortgage, mortgage loan, mortgage loan commitment, contract or agreement of any kind to which DSHA is a party;

(20) To the extent permitted under its contract with the holders of bonds, bond anticipation notes and other obligations, to enter into contracts with any mortgagor containing provisions enabling such mortgagor to reduce the rental or carrying charges to persons unable to pay the regular schedule of charges where, by reason of other income or payment from any department, agency or instrumentality of the United States or this State, such reductions can be made without jeopardizing the economic stability of housing being financed;

(21) To procure or agree to the procurement of insurance or guarantees from the federal government of the payment of any bonds or notes or any other evidence of indebtedness thereof issued by DSHA including the power to pay premiums on any such insurance;

(22) To acquire, lease, purchase, manage, operate, hold and dispose of real and personal property in the State, take assignments of leases and rentals, sell and convey such property on any terms, proceed with foreclosure actions, and enter into contracts, leases and other arrangements necessary or incidental to the performance of its corporate duties;

(23) To exercise any or all of the powers conferred upon it, either generally or with respect to any specific housing project or projects, through or by an agent or agents which it may designate including any corporation or corporations which are or shall be formed under the laws of this State, and for such purposes, DSHA may cause 1 or more corporations to be incorporated under the laws of this State or may acquire the capital stock of any corporation or corporations. Any corporate agent, all of the stock of which shall be owned by DSHA or its nominee or nominees, may to the extent permitted by the law, exercise any of the powers conferred by this chapter upon DSHA, or as shall be conferred upon it by DSHA, as agent;

(24) Fund the operation of any agents it may designate or any authority by advancing moneys appropriated pursuant to § 4030 of this title;

(25) To do any act necessary or convenient to the exercise of the powers herein granted or reasonably implied including all powers presently or hereafter granted to local housing authorities under Chapter 43 of this title;

(26) To agree to make such payments to the State or any political subdivisions thereof (which payments such bodies may accept) as DSHA finds consistent with the maintenance of the low- and moderate-income rent character of housing projects or the achievement of the purposes of this chapter;

(27) To establish and implement policies, and to take all actions deemed appropriate to mitigate adverse social conditions and to eliminate drug and crime problems at DSHA’s sites; and

(28) To provide housing assistance as a benefit, not an entitlement, and to require the beneficiaries to recognize their responsibilities to DSHA and to their neighbors as conditions of continued assistance.
31 Del. C. § 611 — Delaware Code / Title 31 / Chapter 6 / Subchapter II / Section 611
§ Â
        611. Forfeiture of property involved in illegal food stamp transactions.
Status: in_force

(a) The Secretary of the Department of Health and Social Services or the Secretary’s designee may subject to forfeiture and denial of property rights any nonfood items, moneys, negotiable instruments, securities or other things of value that are furnished or intended to be furnished by any person in exchange for coupons, authorization cards, ATPs or anything of value obtained by the use of an access device, in any manner not authorized by the federal Food Stamp Act [7 U.S.C. § 2011 et seq.] or regulations issued pursuant to the Food Stamp Act.

(b) Any forfeiture and disposal of property under this section shall be conducted in accordance with procedures contained in regulations issued by the Secretary of the Department of Health and Social Services. Property forfeited under this section may be utilized by the Welfare Fraud Unit until such time as the forfeited property may be liquidated.

(c) Value received for liquidated property shall be appropriated to the Welfare Fraud Unit for its use at the discretion of the Secretary of the Department of Health and Social Services or the Secretary’s designee.
31 Del. C. § 4323 — Delaware Code / Title 31 / Chapter 43 / Section 4323
§ Â
        4323. Inspection of housing projects located within the City of Wilmington.
Status: in_force

(a) Every dwelling, apartment or other living accommodation owned or managed by the Wilmington Housing Authority and located within the City of Wilmington shall be subject to the comprehensive development plan, including the housing component thereof, and the planning, zoning, sanitary and building laws, ordinances and regulations of the City of Wilmington.

(b) No dwelling, apartment or other living accommodation owned or managed by the Wilmington Housing Authority and located within the City of Wilmington shall be given a Certificate of Occupancy after January 1, 2000, until such property has been determined to be in compliance with the applicable codes, ordinances and regulations of the City of Wilmington as determined by the Department of Licensing and Inspection.
31 Del. C. § 4028 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4028
§ Â
        4028. Notification of application for Low Income Housing Tax Credit Program.
Status: in_force

(a) Whenever a Low Income Housing Tax Credit Program application is submitted to the Delaware State Housing Authority, the Housing Director shall notify by certified and regular mail any state senators and representatives in whose districts any development project will be located. In addition, the Housing Director shall so notify the chief executive officer of any local government in whose jurisdiction any development project will be located.

(b) Whenever a preliminary ranking of Low Income Housing Tax Credit Program applications is made by the Delaware State Housing Authority, the Housing Director shall notify by certified and regular mail any state senators and representatives in whose districts any development project will be located. In addition, the Housing Director shall so notify the chief executive officer of any local government in whose jurisdiction any development project will be located.
31 Del. C. § 3908 — Delaware Code / Title 31 / Chapter 39 / Section 3908
§ Â
        3908. Emergency petition and order for protective services.
Status: in_force

(a) Upon petition by the Public Guardian or Adult Protective Services, the Court may issue an order authorizing the provision of protective services on an emergency basis to an individual after finding on the record and, based on a preponderance of the evidence, that all of the following exist:

(1) The The individual is an adult who is impaired or an adult who is incapacitated.

(2) An emergency exists.

(3) The individual lacks the capacity to consent to receive protective services.

(4) No person authorized by law or Court order to give consent for the adult is available and willing to consent to emergency services.

(5) A compelling reason exists to order services.

(b) In determining whether to issue an emergency order, the Court shall consider all of the following:

(1) Only the protective services necessary to remove the conditions creating the emergency may be ordered, and the Court shall specifically designate the approved services in its order.

(2) Protective services authorized by an emergency order may not include hospitalization or change of residence unless the Court specifically finds the action is necessary and gives specific approval for the action in its order.

(3) Protective services may be provided through an emergency order for a maximum of 90 days upon a showing to the Court that continuation of the original order is necessary to remove the emergency. During this period the adult who is impaired may petition the Court to have the emergency order removed.

(4) In its order, the Court shall appoint the petitioner or another interested person other than the service provider as temporary guardian of the physical body of the adult who is impaired or the adult who is incapacitated. The temporary guardian shall assume responsibility for the adult’s welfare and the Court’s order shall grant the guardian authority to give consent for the adult for the approved protective services until the expiration of the order.

(5) The issuance of an emergency order and the appointment of a temporary guardian does not deprive the individual of any rights except to the extent validly provided for in the emergency order.

(6) To implement an emergency order, the Court may authorize forcible entry of the premises of the adult who is impaired or the adult who is incapacitated for the purpose of rendering protective services or transporting the adult to another location for services. Forcible entry may be authorized only after a showing to the Court that an attempt to gain voluntary access to the premises failed and forcible entry is necessary. The emergency order must include authorization for the appropriate police department to execute forcible entry.

(c) A petitioner for an emergency order shall state, to the best of the petitioner’s knowledge and belief, all of the following:

(1) The petitioner’s name, address, and interest in the circumstances for which the petitioner seeks an emergency order.

(2) The name, address, and approximate age of the adult who is impaired or the adult who is incapacitated in need of protective services.

(3) If the information exists and can be obtained, the names and addresses of the spouse and next of kin of the adult who is impaired or the adult who is incapacitated.

(4) The petitioner’s attempts to contact the individuals named under paragraph (c)(3) of this section and the individuals’ responses to the situation.

(5) The petitioner’s reasonable belief, and facts supporting the belief, as to the existence of the facts stated under paragraphs (a)(1) through (5) of this section.

(6) Facts showing petitioner’s attempt to obtain the adults consent to protective services and the outcome of the attempt.

(7) The proposed protective services.

(d) (1) Actual notice of the filing of a petition under this section and other relevant information, including the factual basis of the belief that emergency services are needed and a description of the exact services to be rendered, must be given to the adult who is impaired or adult who is incapacitated and, at the Court’s discretion, to the adult’s spouse or, if none, to the adult’s adult children, next of kin, or guardian if any.

(2) The Court may waive notice to a party other than the adult who is impaired or adult who is incapacitated and in need of protective services, if the petition avers with specificity that notice would be detrimental to the adult.

(3) Notice must be given in language reasonably understandable by the intended recipient at least 24 hours prior to the hearing for emergency intervention, or longer if possible.

(e) Upon the filing of a petition for an emergency order for protective services, the Court shall hold a hearing within 7 days or immediately, if necessary, under § 3909 of this title.

(f) If the adult who is impaired or the adult who is incapacitated continues to need protective services after the order and renewal under paragraph (b)(3) of this section has expired, services may be rendered only under the appointment of a guardian.

(g) The petitioner or a witness supplying information is immune from civil liability for damages as a result of filing the petition if the petitioner or witness acts in good faith and believes the adult who is impaired or the adult who is incapacitated needs assistance.

(h) This chapter does not affect the authority of the police departments of this State to transfer an adult who is impaired or an adult who is incapacitated to a mental health facility in cases of a psychiatric emergency under Chapter 50 of Title 16.

(i) (1) The Court may issue an order for forcible entry of a building or premises if the Court finds, based upon a verified petition, affidavit, or other evidentiary materials, that probable cause exists to believe that all of the following are true:

a. The adult at the building or premises is an adult who is impaired or an adult who is incapacitated.

b. An emergency exists.

c. The emergency threatens serious harm to the adult who is impaired or the adult who is incapacitated and the harm may occur before a hearing on the petition for an emergency order may be held.

d. The adult who is impaired or the adult who is incapacitated is located in the building or premises described.

e. Entry or access to the building or premises is being denied.

(2) The Court must sign the order for entry.

(3) The order for entry must include all of the following:

a. The address of the building or premises where the adult who is impaired or the adult who is incapacitated is located.

b. The name of the adult who is impaired or the adult who is incapacitated reported to need protective services.

c. A command that entry to the building or premises where the adult who is impaired or adult who is incapacitated is located be permitted for the purpose of seeing or interviewing, assessing, and counseling the adult named in the order.

d. Authorization for entry on a date specified in the order.

(4) This subsection may not be construed to limit or restrict entry if the consent of the owner, lessor, or lawful occupant is obtained.

(5) If a member of the Court is unavailable, a judge of the Superior Court may exercise the powers under this subsection.
31 Del. C. § 4304A — Delaware Code / Title 31 / Chapter 43 / Section 4304A
§ Â
        4304A. Newark Housing Authority.
Status: in_force

The Newark Housing Authority shall consist of 7 commissioners, 4 of whom shall be appointed by the Mayor of the City of Newark, and 3 of whom shall be appointed by the Governor. Each commissioner shall serve for a term of 3 years unless replaced by an interim commissioner before the expiration of the 3-year term.

A Newark Housing Authority commissioner or interim commissioner shall serve at the pleasure of the person who appointed the commissioner or interim commissioner, and may be suspended or removed by the appointing authority for misfeasance, nonfeasance, malfeasance, misconduct, incompetence, or neglect of duty. A commissioner may appeal any suspension or removal to the Superior Court by filing an appeal within 30 days of the suspension or removal decision.

A commissioner who is absent without adequate reason for 3 consecutive meetings, or who fails to attend at least half of all regular business meetings during any calendar year, shall be guilty of neglect of duty.

In the event of the death, disability, resignation, or removal of a commissioner or interim commissioner before the expiration of the commissioner’s or interim commissioner’s term, the appointing authority may appoint an interim commissioner to complete the term.
31 Del. C. § 311 — Delaware Code / Title 31 / Chapter 3 / Subchapter I / Section 311
§ Â
        311. Penalties regarding background checks for child-serving entities and personal information disclosure [For application of this section, see 85 Del. Laws, c. 186, Â 8].
Status: in_force

(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.
31 Del. C. § 3911 — Delaware Code / Title 31 / Chapter 39 / Section 3911
§ Â
        3911. Adult under treatment by spiritual means not abused, mistreated, neglected, impaired, incapacitated, or in need of protective services.
Status: in_force

This chapter may not be construed to mean any of the following:

(1) An adult is abused, mistreated, neglected, impaired, incapacitated, or in need of protective services for the sole reason the adult relies upon, or is being furnished with, treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination.

(2) To authorize or require medical care or treatment over the implied or express objections of the adult.
31 Del. C. § 1501 — Delaware Code / Title 31 / Chapter 15 / Section 1501
§ Â
        1501. Statement of purpose.
Status: in_force

It is the purpose of the Delaware Welfare Employment Program to:

(a) Create expanded opportunity for increased personal responsibility and advancement toward economic independence and self-sufficiency by Delaware’s welfare recipients through the acquisition of useful work skills and performance in productive employment which will end their dependence on public assistance; and

(b) Enlist Delaware’s private businesses in an expanded effort to provide job opportunities and reduce dependency, and to enhance their work forces and increase their competitiveness; and

(c) Complement and strengthen other important state incentives designed to move welfare recipients into private sector jobs, including child care, medical care, and job training and placement; and

(d) Authorize the creation of personal advancement accounts as an additional incentive for workers to achieve self-sufficiency and increased skills; and

(e) Achieve the foregoing purposes in a cost-effective manner.
31 Del. C. § 4533 — Delaware Code / Title 31 / Chapter 45 / Section 4533
§ Â
        4533. Bonds as legal investments.
Status: in_force

All public officers, municipal corporations, political subdivisions and public bodies, all banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, curators, trustees and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds or other obligations issued by an authority pursuant to this chapter or by any public housing or redevelopment authority or commission or agency or any other public body in the United States for redevelopment purposes, when such bonds and other obligations are secured by an agreement between the issuing agency and the federal government in which the issuing agency agrees to borrow from the federal government and the federal government agrees to lend to the issuing agency, prior to the maturity of such bonds or other obligations, moneys in an amount which (together with any other moneys irrevocably committed to the payment of interest on such bonds or other obligations) will suffice to pay the principal of such bonds or other obligations with interest to maturity thereon, which moneys under the terms of such agreement are required to be used for the purpose of paying the principal of and the interest on such bonds or other obligations at their maturity and such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. However, nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.
31 Del. C. § 505 — Delaware Code / Title 31 / Chapter 5 / Section 505
§ Â
        505. Categories of assistance.
Status: in_force

Assistance may be granted, in accordance with rules and regulations established by the Department of Health and Social Services under § 503 of this title, in the following categories:

(1) Temporary Assistance for Needy Families. —

Assistance with respect to needy families with children. Temporary Assistance for Needy Families means aid granted to a family, as that term is defined pursuant to Department of Health and Social Service Regulations, with respect to a child or children under the age of 18 who has or have been deprived of parental support or care by reason of death, continued absence from the home, physical or mental incapacity, unemployment, or underemployment.

If found feasible by and in accordance with regulations prescribed by the Department, the term Temporary Assistance for Needy Families shall also include aid granted with respect to children who are removed from their home and placed in foster care as a result of a judicial determination initiated during the month in or for which such a family was receiving such aid or initiated during the month in or for which such a family would have received the aid if application for aid had been made, or if such children, who within 6 months prior to the month court proceedings were initiated, had been living with a specified relative and would have been eligible for assistance in or for such month except for failure to meet the “living with” requirements, that continuation in the parent’s or relative’s home would be contrary to the child’s welfare.

(2) General assistance. —

Assistance granted to eligible needy persons residing in Delaware who are unemployable.

(3) Medicaid assistance. —

Assistance granted in the form of medical care, including dental care, to individuals eligible in accordance with Title IV-A, XVI, XIX of the Social Security Act [42 U.S.C. §§ 601 et seq., 1381 et seq., and 1396 et seq.], federally approved waivers, and rules and regulations established by the Department of Health and Social Services.

(4) Child care assistance. —

Assistance granted to eligible persons who need child care but are unable to pay for all or part of the cost of care.
31 Del. C. § 396 — Delaware Code / Title 31 / Chapter 3 / Subchapter VII / Section 396
§ Â
        396. Periodic reconsideration and changes in amount of aid.
Status: in_force

All grants made under this subchapter shall be reconsidered by the Division of Social Services as frequently as it may deem necessary but at least annually. The amount of aid may be changed or aid may be entirely withdrawn if the Division of Social Services finds that the delegated organization’s program is inconsistent with the purposes and intent of this subchapter.
31 Del. C. § 105 — Delaware Code / Title 31 / Chapter 1 / Section 105
§ Â
        105. Political activities of officers and employees limited.
Status: in_force

No executive, official or employee of the Department shall participate in any form of political activity other than as may be appropriate to the exercise of the individual’s civil rights, duties and privileges or in any manner use the executive’s, official’s or employee’s official position as an executive official or employee of the Department for any political purpose.

Any executive official or employee of the Department who violates the provisions of this section shall be subject to discharge or such other disciplinary measures as may be provided by the rules and regulations of the Department.
31 Del. C. § 3903 — Delaware Code / Title 31 / Chapter 39 / Section 3903
§ Â
        3903. Establishment of protective services system.
Status: repealed

(a) The Secretary shall promulgate rules and regulations for the operation of the adult protective services program.

(b) The Department shall provide protective services according to the regulations promulgated by the Secretary. In doing so, the Department may contract with another agency for the provision of services, or it may provide directly the protective services.

(c) The Department shall utilize, to the extent possible, the resources of a public or private agency which is appropriate and available in providing protective services.

(d) The Department shall designate 5 individuals as the initial staff to deliver protective services, as follows:

(1) One individual of at least the primary family service specialist level as the overall supervisor of the protective services program.

(2) Three individuals of at least the senior family service specialist level, to function throughout the State.

(3) One family service specialist.

(e) [Repealed.]

(f) The Department shall make continuing provisions in each county for the shelter of an individual who is determined to be in temporary need of protection under § 3905, § 3906, or § 3907 of this title. In providing continuing provisions, the Department may do any of the following:

(1) Utilize existing resources, such as a state institution.

(2) Contract for bed space in a private facility.

(3) Utilize the resources of a family care and residential home for an alleged victim not requiring medical care.

(g) The Department may make provisions for securing emergency food, clothing, fuel allotments, and funds for an individual determined to be in need of protection under § 3905, § 3906, or §  3907 of this title, insofar as the services are not available from another state-supported program. To the extent that funds are available for this purpose, the Department may draw upon the funds budgeted to provide emergency services as needed and, where possible, reimbursement must be made to the Department for the services provided which amounts shall revert to the General Fund of the State.

(h) When the Department receives a report concerning an allegation of abuse, neglect, or exploitation, the Department shall begin an investigation into the report within the following timeframes:

(1) For a report that includes an allegation of physical abuse, sexual abuse, or self-neglect, within 1 business day.

(2) For a report that includes an allegation of emotional abuse or neglect, within 3 business days.

(3) For a report that includes an allegation of exploitation, within 5 business days.

(i) The Department shall conduct ongoing training programs for relevant staff to advance the purpose of this chapter.

(j) The Department shall continuously publicize the existence of both of the following:

(1) The 24-hour report-line for those who are required to report abuse or neglect under § 3910 of this title.

(2) The 24-hour, statewide, toll-free telephone number for the public to report abuse or neglect.
31 Del. C. § 395 — Delaware Code / Title 31 / Chapter 3 / Subchapter VII / Section 395
§ Â
        395. Grant of aid; notification; payment.
Status: in_force

Upon the completion of the investigation, the Division of Social Services shall decide whether the organization is eligible for aid under the provisions of this subchapter and determine the amount of such aid and the date on which such aid shall begin. The Division of Social Services shall notify the applicant organization of its decision. Such aid shall be allocated and dispensed in a ratio to be determined by the Division of Social Services that recognizes degree of need in proportion to the most effective utilization of the available money.
31 Del. C. § 4711 — Delaware Code / Title 31 / Chapter 47 / Section 4711
§ Â
        4711. Maintenance of property.
Status: in_force

(a) The land bank shall maintain all of its real property in accordance with the laws and regulations of the jurisdiction in which the real property is situated.

(b) Notwithstanding subsection (a) of this section, the foreclosing governmental unit may elect to reduce or waive monetary fines for violations of any housing codes or ordinances if the land bank is diligently pursuing a correction or remedy for such violation.

(c) Where real property held by the land bank is found to be in violation of a housing code or ordinance, the enforcing jurisdiction shall timely notify the land bank and, subject to subsection (b) of this section, proceed in accordance with the applicable county or municipal property code provisions, or any other applicable law.

(d) Any fire or other casualty to real property held by the land bank shall be immediately remediated and adequately secured to prevent against further loss or damage or, in the event of total loss to the property, the lost property shall be demolished.
31 Del. C. § 4707 — Delaware Code / Title 31 / Chapter 47 / Section 4707
§ Â
        4707. Staff.
Status: in_force

A land bank may employ a secretary, an executive director, its own counsel and legal staff, technical experts, and such other agents and employees, permanent or temporary, as it may require, and may determine the qualifications and fix the compensation and benefits of such persons. A land bank may also enter into contracts and agreements with foreclosing governmental units or nonprofit entities designated by the foreclosing governmental unit for staffing services to be provided to the land bank by those foreclosing governmental units, designated nonprofit entities or departments thereof, or for a land bank to provide such staffing services to such foreclosing governmental units, designated nonprofit entities, or departments thereof.
31 Del. C. § 2113 — Delaware Code / Title 31 / Chapter 21 / Section 2113
§ Â
        2113. Limitations on applicability of chapter.
Status: in_force

This chapter does not apply to a child who is either a person with blindness or a person with visual impairment and who is being otherwise instructed and educated in a manner that the Division determines is satisfactory.
31 Del. C. § 3912 — Delaware Code / Title 31 / Chapter 39 / Section 3912
§ Â
        3912. Confidentiality of records.
Status: in_force

(a) (1) Records and information in the possession of the Department or anyone providing service to an alleged victim and the alleged victim’s relatives is deemed confidential, and may be disclosed only under the following conditions:

a. Under an appropriate court order.

b. With the consent of the recipient of the services, if the recipient has legal capacity. If the recipient lacks capacity, the recipient’s agent under Chapters 49 or 49A of Title 12, an agent or default surrogate under Chapter 25 of Title 16, or legal guardian may consent for the recipient.

c. For medical necessity.

(2) Notwithstanding paragraph (a)(1) of this section, disclosure of records or information is always lawful when necessary for purposes directly connected with the administration of protective services, or when the disclosure does not reveal theidentity of the alleged victim, such as in the case of disclosure of statistics or other summary information.

(b) Violation of this section is an unclassified misdemeanor. The Superior Court has jurisdiction over violations of this section.

(c) An Adult Protective Services staff member or another individual providing protective services to an alleged victim who violates these provisions and improperly discloses confidential information must be immediately removed or dismissed.
31 Del. C. § 4021 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4021
§ Â
        4021. Provisions of bonds and mortgages.
Status: in_force

In connection with the issuance of bonds or the incurring of any obligation under a lease and to secure the payment of such bonds or obligations, DSHA in addition to its other powers may:

(1) Pledge all or any part of its rents, fees or revenues to which its right then exists or may thereafter come into existence;

(2) Mortgage all or any part of its property, real or personal, then owned or thereafter acquired, including any of the public domain owned or acquired by it;

(3) Covenant against mortgaging all or any part of its property, real or personal, then owned or thereafter acquired or against permitting or suffering any lien thereon;

(4) Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any project or any part thereof;

(5) Covenant against pledging all or any part of its rents, fees and revenues to which its right then exists or may thereafter come into existence or against permitting or suffering any lien thereon;

(6) Covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise and as to the use and disposition of the proceeds thereof;

(7) Covenant as to what other or additional debts may be incurred by it;

(8) Covenant that DSHA warrants the title to the premises;

(9) Covenant as to the rents and fees to be charged, the amount to be raised each year or other period of time by rents, fees and other revenues and as to the use and disposition to be made thereof;

(10) Covenant as to the use of any or all of its property, real or personal;

(11) Create or authorize the creation of special funds segregating the proceeds of any loans or grants, the revenues of any project or projects, reserves for principal and interest on its bonds and for operating contingencies and other reserves and covenant as to the use and disposal of the moneys held in such funds;

(12) Redeem the bonds and covenant for their redemption and provide the terms and conditions thereof;

(13) Covenant against extending the time for the payment of its bonds or interest thereon;

(14) Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given;

(15) Covenant as to the maintenance of its property, the replacement thereof, the insurance to be carried thereon and the use and disposition of insurance moneys;

(16) Vest in an obligee, in the event of a default by DSHA, the right to cure any such default and to advance any moneys necessary for such purpose and covenant that the moneys so advanced become an additional obligation of DSHA with such interest, security and priority as may be provided in any mortgage, lease or contract;

(17) Covenant and prescribe as to the events of default and terms and conditions upon which any or all of its bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;

(18) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition or obligation;

(19) Covenant to surrender possession of a project or projects or parts thereof upon the happening of an event of default and vest in an obligee the right, upon such default and without judicial proceedings, to take possession and use, operate, manage and control such projects or any parts thereof and to collect and receive rents, fees and revenues arising therefrom in the same manner as DSHA itself might do and to dispose of the moneys collected in accordance with the agreement of such obligee with DSHA;

(20) Vest in a trustee or trustees the right to enforce any covenant to secure or pay the bonds or otherwise relating to such bonds, provide for the powers and duties of such trustee or trustees, limit the liabilities thereof and provide the terms and conditions upon which the trustee or trustees or the holders of bonds or any proportion of them may enforce any such covenant;

(21) Vest in a government or in a trustee the right, upon the happening of an event of default, to foreclose the mortgage securing any bonds held by such government, through judicial proceedings or through the exercise of a power of sale without judicial proceedings;

(22) Vest in other obligees the right, upon the happening of an event of default, to foreclose any mortgage through judicial proceedings;

(23) Vest in any obligee the right to foreclose any such mortgage as to all or such part or parts of the property covered thereby as such obligee shall elect; the institution, prosecution and conclusion of any such foreclosure proceedings or the sale of any such parts of the mortgaged property shall not affect in any manner or to any extent the lien of the mortgage on the parts of the mortgaged property not included in such proceedings or not sold as aforesaid;

(24) Make covenants other than, and in addition to, the covenants expressly authorized in this section of like or different character and execute all instruments necessary or convenient in the exercise of the powers granted in this chapter or in the performance of its covenants or duties, which may contain such covenants and provisions, in addition to those above specified, as the government or any purchaser of the bonds of DSHA may require;

(25) Make such covenants and do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds or, in the absolute discretion of DSHA, tend to make the bonds more marketable, notwithstanding that such covenants, acts or things may not be enumerated in this section.
31 Del. C. § 3905 — Delaware Code / Title 31 / Chapter 39 / Section 3905
§ Â
        3905. Voluntary protective services.
Status: in_force

(a) A qualified individual may receive protective services, if the individual requests or affirmatively consents to receive the services. If the individual withdraws or refuses consent, the Department may not provide the services unless by Court order.

(b) A person may not interfere with the provision of protective services to an individual who requests or consents to receive services or receives services by Court order. If interference occurs on a continuing basis, the Department or the individual receiving the services may petition the Court to enjoin the interference.
31 Del. C. § 4501 — Delaware Code / Title 31 / Chapter 45 / Section 4501
§ Â
        4501. Definitions.
Status: in_force

As used in this chapter, unless a different meaning is clearly indicated by the context:

(1) “Area of operation” means in the case of a municipality the area within such municipality and in the case of a county, the area within the county, except that the area of operation in such case shall not include any area which lies within the territorial boundaries of a municipality unless a resolution shall have been adopted by the governing body of such municipality declaring a need therefor; and in the case of a regional authority, shall mean the area within the communities for which such regional authority is created; provided, however, that a regional authority shall not undertake a redevelopment project within the territorial boundaries of any municipality or county unless a resolution shall have been adopted by the governing body of such municipality or county declaring that there is a need for the regional authority to undertake such redevelopment project within such municipality. No authority shall operate in any area of operation in which another authority already established is undertaking or carrying out a redevelopment project without the consent, by resolution, of such other authority.

(2) “Authority” or “slum clearance and redevelopment authority” means a public body, corporate and politic, created by or pursuant to § 4503 of this title or any housing authority or community exercising the powers, rights and duties of a slum clearance and redevelopment authority pursuant to § 4503 of this title.

(3) “Blighted area” means that portion of a municipality or community which is found and determined to be a social or economic liability to such municipality or community because of any of the following conditions:

a. The generality of buildings used as dwellings, or the dwelling accommodations therein, are substandard, unsafe, unsanitary, dilapidated or obsolescent, or possess any of such characteristics, or are so lacking in light, air or space, as to be conducive to unwholesome living;

b. The discontinuance of the use of any building previously used for commercial, manufacturing, residential or industrial purposes, the abandonment of a building, or allowing a building to fall into so great a state of disrepair as to render the building untenantable and detrimental to the appraised market value of surrounding property;

c. Unimproved vacant land, which has remained so for a period of 10 years prior to the date of the public hearing as provided in § 4524 of this title, and which land by reason of its location, or remoteness from developed sections or portions of such municipality or community, or lack of means of access to such other parts thereof, topography, or nature of the soil is not likely to be developed through the instrumentality of private capital;

d. Areas (including slum areas) with buildings or improvements which by reason of dilapidation, obsolescence, deteriorated or deteriorating structures, overcrowding, faulty arrangement or design in relation to size, adequacy, accessibility or usefulness, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, predominance or defective or inadequate street layout, or any combination of these or other factors are detrimental to the safety, health, morals, or welfare of the municipality or community;

e. A growing or total lack of proper utilization of areas caused by the condition of the title, diverse ownership of the real property therein, tax or special assessment delinquency exceeding the fair value of the land, or the existence of conditions which endanger life or property by fire or other causes and other conditions, resulting in a stagnant and unproductive condition of land potentially useful and valuable for contributing to and serving the public health, safety and welfare; and

f. Vacant or unimproved lot, parcel of ground or structure in a predominantly built-up-neighborhood, which by reason of neglect or lack of maintenance:

1. Has become a place for accumulation of trash and debris or a haven for rodents or other vermin;

2. Depreciates assessable and/or fair market value of the surrounding property, as certified by a licensed appraiser;

3. Is a public nuisance, as defined by common law or declaration in accordance with the local housing, building, plumbing, fire and related codes;

4. Is an attractive nuisance to children, as defined by common law;

5. Has had its utilities, plumbing, heating, sewerage or other facilities disconnected, destroyed, removed from the structure, or rendered ineffective so that the property is unfit for its intended use;

6. Requires a disproportionate expenditure of public funds for public health and safety, crime prevention, correction, and prosecution; and

7. Has contributed to a quantified disproportionate exodus of families and businesses from the surrounding neighborhood.

(4) “Bonds” mean any bonds (including refunding bonds), notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this chapter.

(5) “Clerk” means the clerk or other official of the municipality or county who is the custodian of the official records of such municipality or county.

(6) “Community” means any municipality or county in this State.

(7) “Conservation” means the preservation of an area or section of a community, and the supervision and care of such area or section, to prevent the recurrence or spread of slum conditions or conditions of blight.

(8) “Federal government” includes the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.

(9) “General neighborhood renewal plan” means a plan for an area of such size that it will encompass 2 or more projects that will entail renewal activities which may have to be spread over a period of up to 10 years, and for which programming of the entire area is desirable in advance of the planning and carrying out of specified projects.

(10) “Governing body” means the city council, town council, commissioners or other legislative body charged with governing the municipality or Levy Court commissioners or other legislative body charged with governing the county.

(11) “Housing authority” means any public body created by or pursuant to Chapter 43 of this title.

(12) “Mayor” means the mayor of a municipality or the officer or body having the duties customarily imposed upon the executive head of a municipality.

(13) “Municipality” means any incorporated city or town in this State.

(14) “Obligee” includes any bondholder, agents or trustees for any bondholders, or lessor demising to the authority property used in connection with a redevelopment project, or any assignee or assignees of such lessor’s interest or any part thereof, and the federal government when it is a party to any contract with the authority.

(15) “Public body” means the State or any municipality, county, township, board, commission, authority, district or any other subdivision or public body of this State.

(16) “Real property” includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

(17) “Redeveloper” means any person, partnership, or public or private corporation or agency which enters or proposes to enter into a redevelopment contract.

(18) “Redevelopment contract” means a contract entered into between an authority and a redeveloper for the redevelopment of an area in conformity with a redevelopment plan.

(19) “Redevelopment plan” means a plan other than a preliminary or tentative plan for the acquisition, clearance, reconstruction, rehabilitation or future use of a redevelopment project area.

(20) “Redevelopment project” means any work or undertaking to:

a. Acquire slum areas or blighted areas or portions thereof, including lands, structures or improvements the acquisition of which is necessary or incidental to the proper clearance, development or redevelopment of such slum or blighted areas or to the prevention of the spread or recurrence of slum conditions or conditions of blight;

b. Clear any such areas by demolition or removal of existing buildings, structures, streets, utilities or other improvements thereon and to install, construct or reconstruct streets, utilities and site improvements essential to the preparation of sites for uses in accordance with a redevelopment plan;

c. Sell, lease or otherwise make available land in such areas for residential, recreational, commercial, industrial or other use or for public use or to retain such land for public use, in accordance with a redevelopment plan;

and such term may also include the preparation of a redevelopment plan, the planning, survey and other work incident to a redevelopment project and the preparation of all plans and arrangements for carrying out a redevelopment project.

(21) “Rehabilitation” means the reconstruction, alteration or repair of improvements, structures and buildings in accordance with the requirements of the municipality or community in its codes, laws or regulations pertaining to building, fire prevention, health, housing, and zoning, and also the use of land, and the use and occupancy of buildings and improvements.

(22) “Related activities” means:

a. Planning work for the preparation of a general neighborhood renewal plan, or for the preparation or completion of a communitywide plan or program pursuant to § 4520 of this title, as amended, and

b. The functions related to the acquisition and disposal of real property pursuant to § 4516(11) of this title, as amended.

(23) “Slum area” means an area in which there is a predominance of buildings or improvements (or which is predominantly residential in character), and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency and crime, and is detrimental to the public health, safety, morals or welfare.

(24) “Urban renewal area” means a slum area or a blighted area or any combination thereof which the local governing body designates as appropriate for an urban renewal project.

(25) “Urban renewal plan” means a plan, as it exists from time to time, for an urban renewal project, which plan:

a. Shall conform to the general plan for the municipality or community as a whole; and

b. Shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, rehabilitation and conservation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities and building requirements.

The term “urban renewal plan” shall be also construed as including and meaning redevelopment plan wherever the context of this chapter requires.

(26) a. “Urban renewal project” means undertakings and activities of a municipality or community, in an urban renewal area, for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings and activities may include:

1. Acquisition of a slum area or a blighted area or portion thereof;

2. Clearance of any such areas by demolition or removal of existing buildings, structures, streets, utilities, parks, playgrounds or other improvements thereon;

3. Installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this chapter in accordance with the urban renewal plan;

4. Disposition of any property acquired in the urban renewal area (including sale, initial leasing or retention by the municipality or community itself) at its fair value for uses in accordance with the urban renewal plan;

5. Carrying out plans for a program of voluntary or compulsory repair, rehabilitation and conservation of buildings or other improvements in accordance with the urban renewal plan;

6. Acquisition of real property in the urban renewal area which, under the urban renewal plan, is to be repaired or rehabilitated for dwelling use or related facilities, repair or rehabilitation of the structures and resale of the property;

7. Acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, insanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; and

8. Acquisition of slum areas or blighted areas or portions thereof including lands, structures, or improvements, the acquisition of which is necessary or incidental to the proper clearance, development or redevelopment or to the conservation or rehabilitation of such slum or blighted area or to the prevention of the spread or recurrence of slum conditions or conditions of blight.

b. “Urban renewal project” shall also be construed as including and meaning redevelopment project wherever the context of this chapter requires.
31 Del. C. § 5113 — Delaware Code / Title 31 / Chapter 51 / Section 5113
§ Â
        5113. Re-entry programs.
Status: in_force

(a) There is hereby established a fund for the provision of juvenile re-entry services ( “Juvenile Re-Entry Services Fund” ). This fund shall be overseen and administered by the Department, and shall be used exclusively for the provision of re-entry services to minors who have been adjudicated delinquent or convicted of a crime and detained in a secure facility as a result of that adjudication.

(b) As used in this section, “re-entry services” means services provided to a juvenile after release from a secure facility that have the specific purpose of reducing the risk that the juvenile will commit a future criminal offense or act of delinquency. This includes continuing services for up to 1 year after release, even if the juvenile turns 18 during confinement or after release.

(c) Funds appropriated to the Juvenile Re-Entry Services Fund shall be awarded by the Department to public or private third parties on a competitive basis for the provision of re-entry services. Up to 5% of appropriated funds may be retained by the Department for administration of funds and monitoring of services provided under this section.

(d) Funds from the Juvenile Re-Entry Services Fund may not be awarded in a manner that supplants funding from any other public source.

(e) The Department shall report to the Governor and General Assembly by December 1 of each year all expenditures made from the Juvenile Re-Entry Services Fund, the results of all monitoring of grants made from the Juvenile Re-Entry Services Fund, and its funding priorities for grants to be made in the following calendar year.
31 Del. C. § 3910 — Delaware Code / Title 31 / Chapter 39 / Section 3910
§ Â
        3910. Duty to report.
Status: in_force

(a) (1) A person, including a health-care professional as defined under § 701 of Title 16, having reasonable cause to believe that an adult who is impaired or an adult who is incapacitated and is in need of protective services shall report the information supporting reasonable cause to the Department in the manner and format that the Department requires.

(2) Privilege does not relieve an individual or health-care professional from the duty to report under this section.

(b) Upon receipt of a report, the Department shall make a prompt and thorough evaluation to determine whether the adult who is impaired or the adult who is incapacitated named in the report under subsection (a) of this section is in need of protective services and what services are needed, unless the Department determines that the report is frivolous or without a factual basis. The evaluation may include a visit to the adult and consultation with others having knowledge of the facts of the adult’s case. If outside professional assistance is required for a caseworker to complete an evaluation, the Department may contract with an outside professional to provide the assistance.

(c) (1) If an employee of a financial institution who has direct contact with an account holder who is an elderly person or vulnerable adult has reasonable cause to believe that the elderly person or vulnerable adult may be subject to past, current, or attempted financial exploitation, the employee shall follow the financial institution’s internal written policy, program, plan, or procedure for the purpose of establishing protocols for the reporting of past, current, or attempted financial exploitation.

(2) The policies, programs, plans, or procedures under paragraph (c)(1) of this section must require written reporting to the Department, in the format that the Department requires, by the earlier of the date on which the financial institution completes its investigation or 5 business days after the financial institution identifies a suspicious transaction under the financial institution’s adopted policies, programs, plans, or procedures.

(3) The policies, programs, plans, or procedures under paragraph (c)(1) of this section may allow reporting to another agency in addition to the Department, such as the Delaware Department of Justice or the Federal Trade Commission.

(4) The financial institution may place a hold on a proposed transaction for a period of 10 business days following the filing of a report to the Department under paragraph (c)(1) of this section. The financial institution may hold the proposed transaction an additional 30 business days at the request of an investigating federal or state agency or if the financial institution has not heard from either the Department or the Delaware Department of Justice. The financial institution may also seek injunctive relief from a court of competent jurisdiction.

(d) An individual, financial institution, or other entity participating in good faith in reporting or holding or not holding a transaction under this chapter has immunity from civil, administrative, or criminal liability that might otherwise exist as a result of reporting or holding or not holding the transaction.

(e) Unless the Department or the Delaware Department of Justice requests a hold, a financial institution is not required to hold a transaction when provided with information alleging that financial exploitation may have occurred, may have been attempted, or is being attempted. The financial institution may, however, use its discretion to determine whether to refuse to hold a transaction based on the information available to the financial institution.

(f) A financial institution may provide access to or copies of records that are relevant to suspected or attempted financial exploitation of an elderly person or vulnerable adult to the Department, law enforcement, or the Delaware Department of Justice, either as part of a referral to or upon request by the Department, law enforcement, or the Delaware Department of Justice, under an investigation. The records may include historical records or records relating to the most recent transaction that may comprise financial exploitation, not to exceed 30 calendar days before the first transaction that was reported or 30 calendar days after the last transaction that was reported.
31 Del. C. § 515 — Delaware Code / Title 31 / Chapter 5 / Section 515
§ Â
        515. Effect of change of laws or allowances.
Status: in_force

Every allowance of assistance under the provisions of this part shall be deemed to have been allowed under and shall be held subject to the provisions of any amending or repealing act that may be passed, and no person receiving assistance under this part shall have any claim for compensation by reason of the allowance for assistance being affected in any way by any such amending or repealing act.

Taxes and assessments for public purposes by the State or any political subdivision thereof, whether county, hundred, city or town, shall be assessed and levied upon the property of aged persons to whom assistance has been allowed under this chapter in the same manner as such taxes and assessments are levied and assessed by law upon the properties of other owners. The time for payment of any taxes or assessments so levied and assessed shall be deferred until such time as the property of such aged person is transferred from the name of such aged person or until such aged person dies, in which event the face amount of the taxes and assessments so levied or assessed, without penalties or interest, shall be payable within 90 days from the date of such transfer or death. After the expiration of such 90-day period there shall be due, with respect to any such property, the same amount or amounts for taxes or assessments as would have been due after the expiration of 90 days from the date the taxes or assessments became due and payable had the property not been owned by an aged person, to whom assistance had been allowed under this chapter. In the event of the sale of any such property under any form of execution process (including sales in any form of insolvency proceeding), such taxes and assessments shall be due and payable as of the date of the offering of such property for sale under such execution process.
31 Del. C. § 4522 — Delaware Code / Title 31 / Chapter 45 / Section 4522
§ Â
        4522. Considerations prior to recommendation of plan.
Status: in_force

Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted and harmonious development of the community and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage and other public utilities, schools, parks, recreational and community facilities and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, the prevention of the recurrence of insanitary or unsafe dwelling accommodations, slums, or conditions of blight and the provision of adequate, safe and sanitary dwelling accommodations.
31 Del. C. § 110 — Delaware Code / Title 31 / Chapter 1 / Section 110
§ Â
        110. Burial expenses of indigent person.
Status: in_force

An indigent person’s remains may be buried at public expense on the order of the Division of Social Services. Uniform standards for such burial shall be established by the Department of Health and Social Services. The fee shall be established by the Department at the lowest cost for which burial services which meet the standards can be locally obtained. In the event that funds are available from social security, Veterans’ Administration or any other benefits or insurance, the compensation allowed to be paid for burial shall be reduced by the amount available from such benefits or insurance.
31 Del. C. § 904 — Delaware Code / Title 31 / Chapter 9 / Section 904
§ Â
        904. Assignment of assistance recipients.
Status: in_force

(a) Upon application as provided for in § 903 of this title, the Department of Public Welfare shall thereupon assign to such work project the required number of employable recipients of assistance according to their availability, provided it is satisfied that all requirements of this chapter are observed.

(b) The Department of Public Welfare shall also assign suitable assistance recipients to training projects designed to improve employability as such projects are established.
31 Del. C. § 3502 — Delaware Code / Title 31 / Chapter 35 / Section 3502
§ Â
        3502. Establishment of Delaware Aging and Disability Resource Center.
Status: in_force

There is hereby established a Delaware Aging and Disability Resource Center within the Division of Services for Aging and Adults with Physical Disabilities of the Department of Health and Social Services.
31 Del. C. § 4403 — Delaware Code / Title 31 / Chapter 44 / Section 4403
§ Â
        4403. Stay of judgment by defendant.
Status: in_force

(a) Upon filing with the Court of Chancery, the matter shall be expedited pursuant to the process established by the Chancery Court Rules of Civil Procedure. If, after the hearing, the Court determines that the petition should be granted, the Court shall immediately enter an order thereon and appoint a custodian as authorized herein; provided however, prior to the entry of an order and appointment of a custodian, the owner or any mortgagee or the lien or of record or other person having an interest in the property may apply to the Court to be permitted to remove or remedy the conditions specified in the petition. If such person demonstrates the ability to perform promptly the necessary work and posts security for the performance thereof within the time, and in the amount and manner, deemed necessary by the Court, then the Court may stay judgment and issue an order permitting such person to perform the work within a time fixed by the Court and requiring such person to report to the Court periodically on the progress of the work. The Court shall retain jurisdiction over the matter until the work is completed.

(b) If, after the issuance of an order under subsection (a) of this section, but before the time fixed in such order for the completion of the work prescribed therein, there is reason to believe that the work will not be completed pursuant to the Court’s order or that the person permitted to do the same is not proceeding with due diligence, the Court or the petitioner, upon notice to all parties to the proceeding, may move that a hearing be held to determine whether judgment should be rendered immediately as provided in subsection (c) of this section.

(c) (1) If, upon a hearing authorized in subsection (b) of this section, the Court shall determine that such party is not proceeding with due diligence, or upon the actual failure of such person to complete the work in accordance with the provisions of the order, the Court shall appoint a custodian as authorized herein.

(2) Such order shall direct the custodian to apply the security posted to executing the powers and duties as described herein.

(3) In the event that the amount of such security should be insufficient to accomplish the above objectives, such order shall direct the custodian to collect the rents, profits and issues to the extent of the deficiency. In the event that the security should exceed the amount necessary to accomplish the above objectives, such order shall direct the custodian to return the excess to the person posting the security.
31 Del. C. § 905 — Delaware Code / Title 31 / Chapter 9 / Section 905
§ Â
        905. Requirements for work projects.
Status: in_force

(a) Recipients shall be assigned to perform only such work under this chapter as they are able, in the judgment of the Department of Public Welfare, to perform. Such work must serve a useful public purpose.

(b) Recipients shall not perform work on projects which will result either in the displacement of regular workers or in the performance by such recipients of work that would otherwise be performed by employees of public or private agencies, institutions or organizations.

(c) Reasonable standards of health, safety and other conditions applicable to the performance of such work shall be established and maintained for all work projects.

(d) Recipients assigned to work projects shall be afforded reasonable opportunities to seek regular employment and to secure any appropriate training or retraining which may be available.

(e) Employable adults of families receiving assistance shall be assigned to work projects for a number of hours determined by the amount of the assistance grant to the family divided by the minimum wage provided in § 902 of Title 19. No employable adult shall be assigned for more hours than are necessary to work out the employable adult’s grant as determined above.

(f) No assistance recipient shall be assigned to work for more than 8 hours in any 1 day or more than 40 hours in any 1 week.
31 Del. C. § 4530 — Delaware Code / Title 31 / Chapter 45 / Section 4530
§ Â
        4530. Issuance of bonds.
Status: in_force

(a) An authority may issue bonds from time to time at its discretion for any of its corporate purposes including the payment of principal and interest upon any advances for surveys and plans for redevelopment projects. An authority may also issue refunding bonds for the purpose of paying or retiring or in exchange for bonds previously issued by it. An authority may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable:

(1) Exclusively from the income, proceeds and revenues of the redevelopment project financed with the proceeds of such bonds; or

(2) Exclusively from the income, proceeds and revenues of any of its redevelopment projects whether or not they are financed in whole or in part with the proceeds of such bonds.

Any such bonds may be additionally secured by a pledge of any loan, grant or contributions, or parts thereof, from the federal government or other source, or a mortgage on any redevelopment project or projects of the authority.

(b) Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of the authority (and such bonds and obligations shall so state on their face) shall not be a debt of the municipality, the county or the State, nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of such authority acquired for the purposes of this chapter. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from all taxes.

(c) Bonds of an authority shall be authorized by its resolution and may be issued in 1 or more series and shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, not exceeding 6% per annum, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide.

(d) The bonds shall be sold at not less than par at public sale held after notice published once at least 10 days prior to such sale in a legal newspaper having a general circulation in the area of operation and in such other medium of publication as the authority may determine. Such bonds may be sold to the federal government at private sale at not less than par, and, in the event less than all of the bonds authorized in connection with any project or projects are sold to the federal government, the balance of such bonds may be sold at private sale at not less than par at an interest cost to the authority of not to exceed the interest cost to the authority of the portion of the bonds sold to the federal government.

(e) In case any of the commissioners or officers of the authority whose signatures appear on any bonds or coupons shall cease to be such commissioners or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable.

(f) In any suit, action or proceedings involving the validity or enforceability of any bond of an authority or the security therefor, any such bond reciting in substance that it has been issued by the authority to aid in financing a redevelopment project, as defined in § 4501 of this title, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with this chapter.
31 Del. C. § 305 — Delaware Code / Title 31 / Chapter 3 / Subchapter I / Section 305
§ Â
        305. Use of other child welfare agencies.
Status: in_force

The Division of Child Protective Services may utilize services of other child welfare agencies and allocate and turn over unto such agencies, operating within this State and rendering child welfare services, any portion of funds appropriated for the purposes of this chapter and as may from time to time be deemed necessary, proper and expedient for the supervision, care, custody, board and placement of dependent and neglected children. If in the judgment of the Division such payments are necessary, proper and expedient for the care of the child, these allocations and payments may be continued to the said agency for children who were dependent or neglected, but who have been legally adopted.
31 Del. C. § 1102 — Delaware Code / Title 31 / Chapter 11 / Section 1102
§ Â
        1102. Prohibition against expenditure of moneys or contracting indebtedness above appropriations.
Status: in_force

No state welfare agency shall expend any state moneys except such moneys as have been appropriated by the General Assembly, nor shall such agencies contract any indebtedness beyond the moneys so appropriated pledging the credit of the State.
31 Del. C. § 4702 — Delaware Code / Title 31 / Chapter 47 / Section 4702
§ Â
        4702. Legislative findings and purpose.
Status: in_force

The General Assembly finds and declares as follows:

(1) Delaware’s communities are important to the social and economic vitality of Delaware. Whether urban, suburban, or rural, many Delaware communities are struggling to cope with unoccupied properties or properties incapable of lawful occupation. These vacant and abandoned properties represent lost revenue to local governments and significant expenses associated with demolition, safety hazards, increased calls for emergency services, and deterioration of neighborhoods.

(2) The need exists to strengthen and revitalize Delaware’s economy and address the associated harms that result from high numbers of vacant and abandoned properties. Solving these problems requires a coordinated effort to foster the development of such property back into productive use and promote economic growth. Such problems may include multiple taxing jurisdictions lacking common policies; ineffective property inspection; code enforcement and property rehabilitation support; lengthy or inadequate collection proceedings; depressed real estate markets; and lack of coordination and resources to support economic revitalization.

(3) There is an overriding public need to confront the problems caused by vacant, abandoned, and delinquent properties through the creation of new tools to be available to communities throughout Delaware enabling them to turn vacant spaces into vibrant places.

(4) Land banks are one of the tools currently utilized by other communities to facilitate the return of vacant, abandoned and delinquent properties to productive use. This chapter enables the creation of land banks in order to return dilapidated and blighted properties to productive use in Delaware.
31 Del. C. § 527 — Delaware Code / Title 31 / Chapter 5 / Section 527
§ Â
        527. Coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome.
Status: in_force

Carriers shall provide coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome, including the use of intravenous immunoglobulin therapy in all health benefit plans delivered or issued for delivery under § 505(3) of this title.
31 Del. C. § 4103 — Delaware Code / Title 31 / Chapter 41 / Subchapter I / Section 4103
§ Â
        4103. Applicability.
Status: in_force

The State Housing Code shall apply to existing residential structures used for human habitation. The provisions are designed to eliminate or prevent substandard conditions with respect to structures, protect against fire hazards, provide for adequate space for light and air, provide for proper heating and ventilating and eliminate unsanitary conditions and overcrowding. Every portion of a building or premises used or intended to be used for residential purposes shall comply with this chapter, except hotels and motels serving transient guests only, migratory labor housing, rest homes, convalescent homes, nursing homes, recreational campers and civil defense shelters. For the purpose of this chapter, regulations by the State Department of Health and Social Services for Migratory Labor Camps will apply to migrant housing.
31 Del. C. § 4206 — Delaware Code / Title 31 / Chapter 42 / Section 4206
§ Â
        4206. Bedrooms.
Status: in_force

The dwelling unit may provide at least 1 primary bedroom or room that can easily be converted to a primary bedroom within the dwelling unit on the accessible level and connected to the accessible route, valued at 7 points.
31 Del. C. § 4132 — Delaware Code / Title 31 / Chapter 41 / Subchapter III / Section 4132
§ Â
        4132. Demolition.
Status: in_force

(a) In general. — The code official may order the owner of premises upon which is located any structure or part thereof, which in the code official’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, so that it would be unreasonable to repair the same, to raze and remove such structure or part thereof; or, if it can be made safe by repair, to repair and make safe and sanitary or to raze and remove at the owner’s option; or, where there has been a cessation of normal construction of any structure for a period of more than 2 years, to raze and remove such structure or part thereof.

(b) Order. — The order shall specify a time in which the owner shall comply therewith and specify repairs, if any. It shall be served on the owner of record or an agent where an agent is in charge of the building and upon the holder of any lien in the manner provided for service of a summons by a court of record. If the owner or a holder of a lien of record cannot be found, the order may be served by posting it on the main entrance of the building and by publishing it once each week for 3 successive weeks in a newspaper of general circulation in accordance with the rules of the Justice of the Peace Court.

(c) Restraining actions. — Anyone affected by any such order may, within 30 days after service of such order, apply to a Justice of the Peace Court for an order restraining the code official from razing and removing such structure or parts thereof. The Court shall determine whether the order of the code official is reasonable, and if found unreasonable, the court may issue a restraining order.

(d) Failure to comply. — Whenever the owner of a property fails to comply with a demolition order within the time prescribed, the code official shall cause the structure or part thereof to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate as provided in § 4134 of this title.

(e) Salvage materials. — When any structure has been ordered razed and removed the code official or other designated officer may sell the salvage and valuable materials resulting from such razing or removal, such materials to be sold at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such razing and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the use of the person who may be entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
31 Del. C. § 2840 — Delaware Code / Title 31 / Chapter 28 / Subchapter IV / Section 2840
§ Â
        2840. Fraud in connection with admission; penalty.
Status: in_force

Whoever by wilful false statements, misrepresentation or other fraudulent device, obtains or attempts to obtain or aids or abets any other person to obtain admission to the Hospital, when such person is not entitled to admission under this chapter, or disposes of any property or aids or abets in the buying or in any other way disposing of the property of a person applying for admission or who has already been admitted to the Hospital, without the knowledge or consent of the Board, which property is liable for the expense incurred in the care and support of such person in the Hospital, shall be fined not more than $500, or imprisoned not more than 3 years, or both.
31 Del. C. § 5303 — Delaware Code / Title 31 / Chapter 53 / Section 5303
§ Â
        5303. Exercise of powers and duties.
Status: in_force

The authority and duties conferred or imposed by this chapter upon the School may be exercised and discharged by the School or by such of its officers, committees or agents provided for in this chapter or provided for in any bylaws, rules or regulations adopted by it, as shall be severally charged therewith.
31 Del. C. § 4534 — Delaware Code / Title 31 / Chapter 45 / Section 4534
§ Â
        4534. Conveyance to federal government on default.
Status: in_force

In any contract for financial assistance with the federal government the authority may obligate itself (which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to convey to the federal government possession of or title to the redevelopment project and land therein to which such contract relates which is owned by the authority, upon the occurrence of a substantial default (as defined in such contract) with respect to the covenants or conditions to which the authority is subject, such contract may further provide that in case of such conveyance, the federal government may complete, operate, manage, lease, convey or otherwise deal with the redevelopment project in accordance with the terms of such contract; provided, that the contract requires that, as soon as practicable after the federal government is satisfied that all defaults with respect to the redevelopment project have been cured and that the redevelopment project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the authority the redevelopment project as then constituted.
31 Del. C. § 4523 — Delaware Code / Title 31 / Chapter 45 / Section 4523
§ Â
        4523. Statement of proposed costs; revenue, finances and relocation of displaced families.
Status: in_force

The recommendation of a redevelopment plan by an authority to the governing body shall be accompanied by the recommendations, if any, of the planning commission concerning the redevelopment plan, a statement of the proposed method and estimated cost of the acquisition and preparation for redevelopment of the redevelopment project area and the estimated proceeds or revenues from its disposal to redevelopers, a statement of the proposed method of financing the redevelopment project and a statement of a feasible method proposed for the relocation of families to be displaced from the redevelopment project area.
31 Del. C. § 4502 — Delaware Code / Title 31 / Chapter 45 / Section 4502
§ Â
        4502. Declaration of necessity.
Status: in_force

It is found and declared that there exist in localities throughout the State slum and blighted areas (as defined in § 4501 of this title) which constitute a serious and growing menace, injurious and inimical to the public health, safety, morals and welfare of the residents of the State; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, necessitating excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution, punishment and the treatment of juvenile delinquency and for the maintenance of adequate police, fire and accident protection and other public services and facilities, constitutes an economic and social liability, substantially impairs or arrests the sound growth of communities and retards the provision of housing accommodations; that this menace is beyond remedy and control solely by regulatory process in the exercise of the police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids provided in this chapter; that the elimination of slum conditions or conditions of blight, the acquisition and preparation of land in or necessary to the development of slum or blighted areas and its sale or lease for development or redevelopment in accordance with general plans and redevelopment plans of communities and any assistance which may be given by any state public body in connection therewith are public uses and purposes for which public money may be expended and private property acquired; and that the necessity in the public interest for the provisions enacted in this chapter is declared as a matter of legislative determination.

It is found and declared that:

(1) There exists in communities of this State blighted and deteriorated areas which constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the State, and the findings and declarations made in this section prior to December 27, 1965, are affirmed and restated,

(2) Certain blighted, deteriorated, or deteriorating areas, or portions thereof, may require acquisition and clearance, as provided in this chapter, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation, but other areas or portions thereof may, through the means provided in this chapter, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils enumerated in this section may be eliminated, remedied or prevented, and to the extent feasible, salvable blighted, deteriorated, or deteriorating areas should be conserved and rehabilitated through voluntary action and the regulatory process, and

(3) All powers conferred by this chapter, as amended, are for public uses and purposes for which public money may be expended and such other powers exercised, and the necessity in the public interest for the provisions of this chapter is declared as a matter of legislative determination.

A municipality or community to the greatest extent it determines to be feasible in carrying out the provisions of this chapter shall afford maximum opportunity, consistent with the sound needs of the municipality or community as a whole, to the conservation or rehabilitation or redevelopment of areas by private enterprise.
31 Del. C. § 902 — Delaware Code / Title 31 / Chapter 9 / Section 902
§ Â
        902. Work requirements as to employable recipients of public assistance.
Status: in_force

Employable persons receiving assistance from the Department of Public Welfare in the categories of general assistance or Temporary Assistance for Needy Families shall be required in accordance with this chapter to perform such work as shall be assigned to them by the Department of Public Welfare and/or shall be required to attend and participate in any training project designed to improve employability to which they may be assigned by said Department.
31 Del. C. § 5311 — Delaware Code / Title 31 / Chapter 53 / Section 5311
§ Â
        5311. Aiding or harboring escapees; penalty.
Status: in_force

Whoever knowingly:

(1) Advises, promotes or aids in the escape or running away of any girl from the guardianship or custody of the managers of the Woods Haven School for Girls; or

(2) Harbors or conceals, or aids in harboring or concealing, any girl who has escaped from the guardianship or custody of the managers after such girl has been regularly committed thereto,

shall be fined not less than $10 nor more than $100.
31 Del. C. § 4208 — Delaware Code / Title 31 / Chapter 42 / Section 4208
§ Â
        4208. Hardware.
Status: in_force

(a) With the exception of panel boxes and HVAC filter access panels, all door hardware, cabinet hardware, faucets, bath and shower valves, diverters, and similar items throughout the dwelling unit shall be lever and wire handles or D-pull handles. Such items shall operate easily by using a single closed fist and shall be valued at 2 points.

(b) Luminous rocker or toggle light switches, valued at 1 point, shall be mounted 36 to 42 inches above the finished floor throughout the dwelling unit, for a separate value of 1 point.
31 Del. C. § 4126 — Delaware Code / Title 31 / Chapter 41 / Subchapter III / Section 4126
§ Â
        4126. Duties and powers of code official.
Status: in_force

(a) In general. — The code official shall enforce all the provisions of this chapter relative to the maintenance of structures and premises, except as may otherwise be specifically provided by other regulations.

(b) Notices and orders. — The code official shall issue all necessary notices and orders to abate illegal or unsafe conditions to insure compliance with the chapter requirements for the safety, health and general welfare of the public.

(c) Inspections. — In order to safeguard the safety, health and welfare of the public, the code official is authorized to enter any structure or premises at any reasonable time for the purpose of making inspections and performing duties under this chapter. The fee for inspections performed by the Housing Director, when acting as a code official for the enforcement of the Code in areas which have not adopted the Code shall be $25 for the initial inspection and $10 for each subsequent inspection related to the same complaint. At the discretion of the Housing Director and for good cause shown, such inspection fees may be waived.

(d) Right of entry. — If any owner, occupant or other person in charge of a structure subject to this chapter refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the structure or premises where inspection authorized by this chapter is sought, the code official may seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference.

(e) Access by owner or operator. — Every occupant of a structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with this chapter.

(f) Credentials. — The code official or the code official’s authorized representative shall disclose proper evidence of the official’s or representative’s respective office for the purpose of demonstrating authority to inspect any and all buildings and premises in the performance of duties under this chapter.

(g) Rulemaking authority. — The code official shall have power, as may be necessary in the interest of public safety, health and general welfare, to adopt and promulgate rules and regulations to interpret and implement this chapter to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions.

(h) Annual report. — At least annually, the code official shall submit to the chief executive of the community or State a written statement of activities in a form and content as shall be prescribed by the chief executive of that jurisdiction.
31 Del. C. § 4010 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4010
§ Â
        4010. Creation.
Status: in_force

In accordance with Chapter 86 of Title 29, there is created in the Executive Department a public corporation of perpetual duration to be called the “Delaware State Housing Authority,” hereinafter referred to as “DSHA.” Chapter 43 of this title shall apply to DSHA and to its projects as fully as such provisions apply to a housing authority created by § 4303 of this title and to its housing projects; provided however, that DSHA shall not be subject to §§ 4303, 4304, 4306, 4307, 4314 and 4317 of this title.
31 Del. C. § 4524 — Delaware Code / Title 31 / Chapter 45 / Section 4524
§ Â
        4524. Public hearing; notice; publication.
Status: in_force

The governing body of the community shall hold a public hearing on any redevelopment plan or substantial modification thereof recommended by the authority, after reasonable public notice thereof by publication at least once a week for 2 consecutive weeks in a newspaper of general circulation in the community, the time of the hearing to be at least 10 days from the last publication. The notice shall describe the time, date, place and purpose of the hearing and shall also generally identify the area to be redeveloped under the plan. All interested parties shall be afforded at such public hearing a reasonable opportunity to express their views respecting the proposed redevelopment plan.
31 Del. C. § 3913 — Delaware Code / Title 31 / Chapter 39 / Section 3913
§ Â
        3913. Violations.
Status: in_force

(a) A person who knowingly or recklessly abuses, neglects, exploits, or mistreats an adult who is impaired is guilty of a class A misdemeanor.

(b) A person who knowingly or recklessly exploits an adult who is impaired or an adult who is incapacitated by using the resources of the adult is guilty of the following:

(1) A class A misdemeanor if the value of the resources is less than $500.

(2) A class G felony if the value of the resources is $500 or more but less than $5,000.

(3) A class E felony if the value of the resources is $5,000 or more but less than $10,000.

(4) A class D felony if the value of the resources is $10,000 or more but less than $50,000.

(5) A class C felony if the value of the resources is $50,000 or more.

(6) A class C felony for each subsequent conviction under this subsection regardless of the amount of resources exploited.

(c) An individual who knowingly or recklessly abuses, neglects, exploits, or mistreats an adult who is impaired or an adult who is incapacitated and causes bodily harm, permanent disfigurement, or permanent disability is guilty of a class D felony. If the abuse, neglect, mistreatment, or exploitation results in death, the individual is guilty of a class A felony.
31 Del. C. § 4509 — Delaware Code / Title 31 / Chapter 45 / Section 4509
§ Â
        4509. Odd and even number of communities; tenure; certificate of appointment as evidence.
Status: in_force

If the area of operation of a regional authority consists at any time of an even number of communities, the commissioners of the regional authority already appointed in the manner described in this chapter shall appoint 1 additional commissioner whose term of office shall be as provided for a commissioner of a regional authority, except that such term shall end at any earlier time that the area of operation of the regional authority shall be changed to consist of an odd number of communities. The commissioners of such authority already appointed in the manner described in this chapter shall likewise appoint each person to succeed such additional commissioner. The term of office of such person begins during the terms of office of the commissioners appointing such person. A certificate of the appointment of any such additional commissioner of such regional authority shall be filed with the other records of the regional authority and shall be conclusive evidence of the due and proper appointment of such additional commissioner.
31 Del. C. § 390 — Delaware Code / Title 31 / Chapter 3 / Subchapter VII / Section 390
§ Â
        390. Definition.
Status: in_force

As used in this subchapter:

“Child day-care center” means a facility designed and prescribed to meet the daily physical, mental and social needs of children from infancy through 6 years, who would be eligible to be served, in a consistent, wholesome and efficient manner.
31 Del. C. § 386 — Delaware Code / Title 31 / Chapter 3 / Subchapter VI / Section 386
§ Â
        386. Other related statutes; provisions met if performed as contemplated by Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].
Status: in_force

Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under § 307 of this title shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this State or a subdivision thereof as contemplated by paragraph (b) of Article V of this Compact.
31 Del. C. § 4014 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4014
§ Â
        4014. Liberal construction.
Status: in_force

Neither this chapter nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which DSHA might otherwise have under any laws of this State, and this chapter is cumulative to any such powers. This chapter shall be regarded as supplemental and additional to powers conferred by other laws. However, the issuance of bonds, notes and other obligations and refunding bonds under this chapter need not comply with the requirements of any other state law applicable to the issuance of bonds, notes and other obligations and contracts for the construction and acquisition of any housing developments undertaken pursuant to this chapter need not comply with any other state law applicable to contracts for the construction and acquisition of state-owned property. No proceedings, notice or approval shall be required for the issuance of any bonds, notes and other obligations or any instrument as security therefor, except as to an issue of bonds subject to the requirements of § 4020 of this title relating to the Capital Reserve Fund, and the issuing officer of DSHA shall coordinate any other issuance with the state bond issuing officers.
31 Del. C. § 1502 — Delaware Code / Title 31 / Chapter 15 / Section 1502
§ Â
        1502. Establishment of program.
Status: in_force

(a) The Delaware Welfare Employment Program (the “Program”) is created within the Department of Health and Social Services (the “Department”) as a critical component of the State’s welfare-to-work strategy; provided, however, that the Program shall, as with the State’s other welfare-to-work strategies, be administered by the Department in cooperation with the Department of Labor (“DOL”), and the Delaware Workforce Development Board (“WDB”). To the extent necessary to enable the Department to make use of the Program for appropriate cases, the Department shall amend the state plans for the Temporary Assistance for Needy Families (“TANF”) program and shall seek federal approval for plan amendments and any waivers from federal law. The Department shall implement the Program with maximum federal financial participation.

(b) In lieu of receiving cash payments from the TANF program during a placement, participants in the Program shall be provided with productive jobs and paid in a way that promotes self-sufficiency and the opportunity for advancement in the workforce.

(c) Job placement services shall be used by the State to the maximum extent possible to assist participants to take unsubsidized private sector jobs. Only if no suitable unsubsidized job or more cost-effective job can be found within a reasonable time may participants be assigned to jobs under the Program.
31 Del. C. § 2501 — Delaware Code / Title 31 / Chapter 25 / Section 2501
§ Â
        2501. Jurisdiction of State Board of Education.
Status: in_force

The State Board of Education may provide for the suitable care, maintenance and instruction of babies who are blind of the State and children who are blind and too young or otherwise unable to enter schools for persons who are blind.
31 Del. C. § 1005 — Delaware Code / Title 31 / Chapter 10 / Section 1005
§ Â
        1005. Kickback schemes and solicitation.
Status: in_force

(a) It shall be unlawful for any person to solicit or receive any remuneration (including kickback, bribe or rebate) directly or indirectly, overtly or covertly, in cash or in kind:

(1) In return for referring an individual to a provider for the furnishing or arranging for the furnishing of any medical care or medical assistance for which payment may be made in whole or in part under any public assistance program; or

(2) In return for purchasing, leasing, ordering or arranging for or recommending purchasing, leasing, or ordering any property, facility, service or item of medical care or medical assistance for which payment may be made in whole or in part under any public assistance program.

(b) It shall be unlawful for any person to offer or pay any remuneration (including any kickback, bribe or rebate) directly or indirectly, in cash or in kind to induce any other person:

(1) To refer an individual to a provider for the furnishing or arranging for the furnishing of any medical care or medical assistance for which payment may be made in whole or in part under any public assistance program; or

(2) To purchase, lease, order or arrange for or recommend purchasing, leasing or ordering any property, facility, service, or item of medical care or medical assistance for which payment may be made in whole or in part under any public assistance program.

(c) It shall be unlawful for any provider to:

(1) Charge, solicit, accept or receive for any service provided to a recipient, money or other consideration in addition to or at a rate in excess of the rates established by the State for such item or service; or

(2) Charge, solicit or receive, in addition to any amount otherwise required to be paid by the State, any gift, money, donation, or other consideration (other than a charitable, religious or philanthropic contribution from an organization or from a person unrelated to the patient) as a precondition to admitting a patient to a hospital, skilled nursing facility or intermediate care facility, or as a requirement for the patient’s continued stay in such a facility, when the cost of services provided therein to the patient is paid for, in whole or in part, by the State.

(d) Subsections (a), (b) and (c) of this section shall not apply to:

(1) A discount or other reduction to price obtained by a provider under this chapter if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider; or

(2) Wages paid by an employer to an employee as part of a bona fide employment relationship; or

(3) Contracts between the State and a public or private agency where part of the agency’s responsibility is referral of a person to a provider;

(4) Dividends based exclusively on a legitimate ownership interest;

(5) Fees for services actually rendered, provided that the fees are not made to induce referrals to the provider.
31 Del. C. § 4025 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4025
§ Â
        4025. Subordination of mortgage to agreement with government.
Status: in_force

DSHA may agree in any mortgage made by it that such mortgage shall be subordinate to a contract for the supervision by a government of the operation and maintenance of the mortgaged property and the construction of improvements thereon. In such event, any purchase or purchasers at a sale of the property of DSHA pursuant to a foreclosure of such mortgage or any other remedy in connection therewith shall obtain title subject to such contract.
31 Del. C. § 4117 — Delaware Code / Title 31 / Chapter 41 / Subchapter II / Section 4117
§ Â
        4117. Heating, cooking and refrigeration facilities.
Status: in_force

(a) Heating. — Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 65° F., at a point 3 feet above the floor and 3 feet from an exterior wall in all habitable rooms, bathrooms and toilet rooms.

(b) Cooking facilities. — In every dwelling unit that contains cooking and baking facilities for the purpose of preparation of food, such facilities shall be properly installed by the owner and operated and kept in a clean and sanitary working condition by the occupant.

(c) Refrigeration. — In every dwelling unit that contains a refrigeration unit for the temporary preservation of perishable foods, such unit shall be capable of maintaining an average temperature below 45° F. and shall be properly installed by the owner and operated and kept in a clean and sanitary working condition by the occupant.

(d) Cooking and heating equipment. — All cooking and heating equipment, components and accessories in every heating, cooking and water heating device shall be maintained free from leaks and obstructions and kept functioning properly so as to be free from fire, health and accident hazards.

(e) Installation. — All mechanical equipment shall be properly installed and safely maintained in good working condition and be capable of performing the function for which it was designed and intended.

(f) Flue. — All fuel-burning equipment designed to be connected to a flue, chimney or vent shall be connected in an approved manner.

(g) Clearances. — All required clearances from combustible materials shall be maintained.

(h) Safety controls. — All safety controls for fuel-burning equipment shall be maintained in effective operation.

(i) Combustion air. — A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided to the fuel-burning equipment.

(j) Fireplaces. — Fireplaces and other devices intended for use similar to a fireplace, including wood-and-coal-burning stoves, shall be stable and structurally safe and connected to approved chimneys.

(k) Climate control. — When facilities for interior climate control (heating, cooling or humidity) are integral functions of structures used as dwelling units, such facilities shall be maintained and operated in a continuous manner in accordance with the designed capacity.
31 Del. C. § 4105 — Delaware Code / Title 31 / Chapter 41 / Subchapter I / Section 4105
§ Â
        4105. Exemptions.
Status: in_force

(a) This chapter does not replace or modify requirements otherwise established for the construction, repair, alteration or use of buildings and facilities related thereto.

(b) Nothing in this chapter shall be deemed to abolish or impair existing rights or remedies of a county or municipality or its officers or agencies relating to the removal or demolition of any buildings which are deemed to be unsafe or unsanitary.

(c) The Delaware State Housing Code shall not apply to any existing single family owner-occupied residential structure. The provisions shall become and remain applicable upon the rental or sale of such residential structure after July 17, 1990. The Delaware State Housing Code shall not apply to any existing resort residential structure with an occupancy limited to the months of May through September inclusively.

(d) When there are practical difficulties involved in carrying out the provisions of this Code, such that the literal application of the requirements of the Code would cause undue hardship or the displacement of low income occupants with no affordable housing alternatives, the code official is permitted to vary or modify such provision or provisions upon written application of the owner or the owner’s representative; provided, that the spirit and intent of the law shall be observed and public welfare and safety be assured.

(e) The State Housing Code shall not be administered in any community which has enacted its own code which contains minimum standards for the promotion and protection of the safety and health of the public which are equal to or exceed the standards established by subchapter II of this chapter and administration and enforcement procedures which are substantially equivalent to those set forth in subchapter III of this chapter, as determined by the Housing Director. At the request of any community which has adopted a housing code, the Housing Director shall provide written notice to the community of its determination, stating the reasons therefore. Provided, however, that if such community thereafter seeks to amend, alter or otherwise change its housing code, it shall provide the Housing Director with a copy of such proposed change. In such a case, the Housing Director shall notify such community in writing within 60 days of receipt of such proposed change of its determination whether such proposed change meets the standards set forth in this subsection, and, in such case, the State Housing Code shall not be administered in such community, notwithstanding such amendment or change.
31 Del. C. § 1104 — Delaware Code / Title 31 / Chapter 11 / Section 1104
§ Â
        1104. Relief or assistance not to be charged against real estate.
Status: in_force

No agency in this State furnishing relief or assistance to any ill or needy persons in this State shall charge the real estate of such persons with the cost of such relief or assistance so furnished.
31 Del. C. § 501 — Delaware Code / Title 31 / Chapter 5 / Section 501
§ Â
        501. Legislative intent.
Status: in_force

It is declared to be the legislative intent that the purpose of this chapter is to promote the welfare and happiness of all of the people of this State by providing public assistance to all of its eligible needy, unemployable and distressed, that assistance shall be administered promptly and humanely with due regard for the preservation of family life and without discrimination on account of race, religion or political affiliation and that assistance shall be administered in such a way and manner as to encourage self-respect, self-dependency and the desire to be a good citizen and useful to society. It is further declared to be the legislative intent that public assistance be administered, to the extent practicable, in such a way that: private sector work is more economically attractive than public assistance; public assistance recipients exercise personal responsibility in exchange for government assistance; public assistance is transitional, not a way of life, for recipients; both parents are held responsible for supporting and parenting their children; recipients are not encouraged to have additional children while receiving public assistance; and the formation and maintenance of two-parent families is encouraged and teenage pregnancy is discouraged.
31 Del. C. § 4011 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4011
§ Â
        4011. DSHA to contract for labor or materials.
Status: in_force

DSHA shall contract for labor or materials (except labor or materials used in the maintenance or operation of projects) pursuant to the manner prescribed in Chapter 69 of Title 29, for departments and other agencies of the state government.
31 Del. C. § 3902 — Delaware Code / Title 31 / Chapter 39 / Section 3902
§ Â
        3902. Definitions.
Status: in_force

As used in this chapter:

(1) “Abuse” means any of the following:

a. Physical abuse by unnecessarily inflicting pain or injury on an adult who is impaired or an adult who is incapacitated.

b. A pattern of emotional abuse of an adult who is impaired or an adult who is incapacitated, including ridiculing or demeaning the adult, making derogatory remarks to adult, or cursing or threatening to inflict physical or emotional harm on the adult.

c. Sexual abuse of an adult who is impaired or an adult who is incapacitated.

(2) “Adult Protective Services” means the adult protective services unit under the Division of Services for Aging and Adults with Physical Disabilities.

(3) “Adult who is impaired” means an individual 18 years or older who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the individual’s own care and custody.

(4) “Adult who is incapacitated” includes an individual for whom a guardian of the individual’s physical body or property, or both, is appointed under § 3901 of Title 12.

(5) “Alleged victim” means an adult who is impaired, an adult who is incapacitated, an elderly person, or a vulnerable adult, and may have been subject to abuse, neglect, self-neglect, or exploitation, based on a report to Adult Protective Services.

(6) “Caregiver” means an adult who has assumed the permanent or temporary care, custody, or responsibility for the supervision of an adult who is impaired or an adult who is incapacitated.

(7) “Court” means the Court of Chancery.

(8) “Department” means the Department of Health and Social Services.

(9) “Elderly person” means as defined in § 222 of Title 11.

(10) “Emergency” means that an individual is living in conditions which present a substantial risk of serious harm and includes problems which cannot be managed by an adult who is impaired or an adult who is incapacitated, such as insufficient food supply, inadequate shelter, threatened or actual abuse, or utility shut-off. Emergency does not mean psychiatric emergency under Chapter 50 of Title 16.

(11) “Emergency services” means protective services furnished to an individual in an emergency.

(12) “Essential services” means the physical, medical, social, psychiatric, or legal services necessary to safeguard physical body, rights, or resources of an adult who is impaired or an adult who is incapacitated and to maintain the adult’s physical or mental well-being. “Essential services” includes adequate food and clothing, heated and sanitary shelter, medical care for physical and mental health needs, assistance in personal hygiene, protection from health and safety hazards, or protection from physical or mental injury or exploitation.

(13) “Exploitation” means at least 1 of the following:

a. An act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior.

b. Causing a vulnerable adult to perform services for the benefit of another.

(14) “Financial exploitation” means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of an elderly person or a vulnerable adult by an individual or entity for an individual’s or entity’s profit or advantage other than for the elderly person’s or the vulnerable adult’s profit or advantage. “Financial exploitation” includes any of the following:

a. The use of deception, intimidation, or undue influence by an individual or entity in a position of trust and confidence with an elderly person or a vulnerable adult to obtain or use the property, income, resources, or trust funds of the elderly person or the vulnerable adult for the benefit of an individual or entity other than the elderly person or the vulnerable adult.

b. The breach of a fiduciary duty, including the misuse of a power of attorney, trust, or a guardianship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the elderly person or the vulnerable adult for the benefit of an individual or entity other than the elderly person or the vulnerable adult.

c. Obtaining or using an elderly person’s or a vulnerable adult’s property, income, resources, or trust funds without lawful authority, by an individual or entity who knows or clearly should know that the elderly person or the vulnerable adult lacks the capacity to consent to the release or use of the property, income, resources, or trust funds.

(15) “Financial institution” means any of the following:

a. A “depository institution,” as defined in § 3(c) of the Federal Deposit Insurance Act (12 U.S.C. § 1813(c)).

b. A “federal credit union” or “state credit union,” as defined in § 101 of the Federal Credit Union Act (12 U.S.C. § 1752), including an institution-affiliated party of a credit union, as defined in § 206(r) of the Federal Credit Union Act (12 U.S.C. § 1786(r)).

c. An “institution-affiliated party,” as defined in § 3(u) of the Federal Deposit Insurance Act ( 12 U.S.C. § 1813(u)).

(16) “Independent living arrangement” means a mode of life pursued by an individual capable of providing for the individual’s own care or who, while impaired, nevertheless is able to live outside an institution with assistance in obtaining essential services.

(17) “Interested person” means any of the following:

a. An adult relative or friend of an adult who is impaired or an adult who is incapacitated.

b. An official or representative of Adult Protective Services or a public or nonpublic private agency that provides protective services.

c. A corporation, board, organization, or individual that the Court designates to act in the interest of the adult who is impaired.

(18) “Mistreatment” means the failure to provide appropriate physical or emotional care to an adult who is impaired or an adult who is incapacitated, including the inappropriate use of medications, isolation, or physical or chemical restraints on or of an adult who is impaired or an adult who is incapacitated.

(19) “Neglect” means any of the following:

a. A caregiver’s lack of attention to physical needs of an adult who is impaired or an adult who is incapacitated, including toileting, bathing, meals, and safety.

b. A caregiver’s failure to carry out a treatment plan prescribed by a health-care professional for an adult who is impaired or an adult who is incapacitated.

c. A caregiver’s intentional and permanent abandonment or desertion of an adult who is impaired or an adult or is incapacitated because the caregiver does not make reasonable efforts to ensure that essential services are provided for the adult.

(20) “Physical or mental disability” includes a disability, including intellectual and developmental disabilities, brain damage, physical degeneration, deterioration, senility, disease, or substance use disorder.

(21) “Protective services” means services that are furnished in an emergency to an alleged victim. “Protective services” includes any of the following:

a. Preliminary investigation and evaluation of reports of the alleged victim needing protective services, including a comprehensive social evaluation.

b. Medical and psychiatric evaluation, if necessary.

c. Social casework for the purpose of planning and providing services that the alleged victim needs.

d. Maintenance of the alleged victim in the alleged victim’s own home through provision of personal care, attendant, or adult day services.

e. Assistance in obtaining out-of-home services such as respite care, emergency housing, or placement in a long-term care facility.

f. Referral to or for any of the following:

1. Legal assistance.

2. Information on establishing power of attorney or representative payee arrangements, or on guardianship of the alleged victim or the alleged victim’s property.

3. The Office of the Public Guardian.

4. Medical assistance.

g. Transportation to and from service providers.

h. Other services consistent with this chapter.

(22) “Public Guardian” means the Office of the Public Guardian.

(23) “Self-neglect” means an adult’s inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks, including any of the following:

a. Obtaining essential food, clothing, shelter, or medical care.

b. Obtaining goods or services necessary to maintain physical health, mental health, or general safety.

c. Managing one’s own financial affairs.

(24) “Sexual abuse” means forced or unwanted sexual interaction, either a touching or nontouching act, with an adult who is impaired or an adult who is incapacitated.

(25) “Substantially impaired in the ability to provide adequately for the individual’s own care and custody” means an adult who is impaired or an adult who is incapacitated, and the adult is unable to perform or obtain for the adult’s essential services.

(26) “Vulnerable adult” means an adult who meets the criteria under § 1105(c) of Title 11.
31 Del. C. § 4016 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4016
§ Â
        4016. Bonds.
Status: in_force

(a) DSHA may, with the approval of the issuing officer and subject to the authorization (if any) required by § 7402 of Title 29, issue bonds (including refunding bonds for the purpose of paying or retiring bonds previously issued by DSHA) from time to time in such amounts as it may deem advisable for any of its corporate purposes. DSHA may issue such types of bonds as it may determine, including bonds on which the principal and interest are payable:

(1) Exclusively from the income and revenues of any undertaking financed in whole or in part with the proceeds of such bonds;

(2) Exclusively from the income and revenues of certain designated housing projects whether or not they were financed in whole or in part with the proceeds of such bonds;

(3) From its revenues generally; or

(4) By grants, subsidies or other payments from the federal government.

Any of such bonds may be additionally secured by a pledge of any revenue or by a mortgage of any housing project, projects or other property of DSHA or any of its agents or designees.

(b) Neither the issuing officer nor any person executing the bonds shall be liable personally on the bonds.
31 Del. C. § 4401 — Delaware Code / Title 31 / Chapter 44 / Section 4401
§ Â
        4401. Parties.
Status: in_force

(a) In a proceeding brought pursuant to § 4400 of this title, the Delaware State Housing Authority shall join as defendants:

(1) The record owner or owners at the time of the filing of the petition and/or such owner’s heirs, executors, administrators or successors as existing at the time petition is filled; and

(2) Persons having an equitable or legal interest of record at the time the petition filed, including an interest to a judicial sale or a statutory sale pursuant to § 8771 et seq. of Title 9.

(b) Lien holders as persons whose real or equitable interests in the housing development may be adversely affected by a petition pursuant to this chapter shall not be deemed to be necessary parties and shall not be required to be joined as a defendants. Notice in writing, however, shall be given to the above classes of persons in the manner prescribed from time to time by the Rules of Civil Procedure of the Court of Chancery for the State.

(c) The Chancery Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof, modes of proof and the manner of notice to persons having an interest in the housing development which relate to the custodian proceedings.
31 Del. C. § 4030 — Delaware Code / Title 31 / Chapter 40 / Subchapter III / Section 4030
§ Â
        4030. Housing Development Fund.
Status: in_force

(a) The “Housing Development Fund” shall be administered by the Housing Director as a revolving fund for carrying out the purposes of this chapter. DHSA shall report to the General Assembly on an annual basis any private contributions by gift or bequest received and/or deposited in the Housing Development Fund. Sums received from the General Fund, from dedicated sources of revenue, from private contributions by gift or bequest, and in repayment of loans made under this chapter shall be deposited in such Fund. DSHA, with the approval of the Secretary of Finance and the Council on Housing, may borrow from the Fund for any lawful purpose with respect to any housing program or financing with respect thereto, undertaken by DSHA, or for the purpose of investing borrowed funds in accordance with § 4013(17) of this title; any such borrowing to be upon such terms and conditions, and with such security, as the Secretary of Finance and the State’s Council on Housing shall direct.

(b) In addition to any further appropriations which may not be reflected in subsection (a) of this section, and in addition to accrued interest on loans, the Housing Development Fund shall retain any interest or other earnings which accrue on uncommitted balances remaining in the Fund undisbursed, and such accrued interest shall not be deposited in the General Fund.

(c) (1) DSHA is hereby authorized to use up to $750,000 of the interest income from the Housing Development Fund for the support of administrative functions associated with that Fund.

(2) DSHA may use appropriated special funds, less the Housing Development Fund line and $750,000 given above, as discretionary operating expenses. Discretionary operating expenses include personnel costs, travel, contractual services, supplies and materials, and other normal business expenses of DSHA which are not required to be made pursuant to bond resolutions, trust indentures, or agreements with the federal Department of Housing and Urban Development, or otherwise required by operating agreements of DSHA.

(3) Nothing herein shall be construed to require any prior approval for DSHA to meet its previously contracted obligations, including debt service requirements under bond resolution or trust indenture of DSHA, nor shall anything contained herein require any such prior approval for any expenditure by DSHA under any such bond resolution or trust indenture or under any agreement with the Federal Department of Housing and Urban Development.

(d) Any other law to the contrary notwithstanding, programs for the disbursement of funds from the Housing Development Fund, and disbursements pursuant to such programs, may include grants as well as loans, including grants to DSHA; provided however, that any program including grants shall not cause the Fund to lose entirely its character as a revolving fund.

(e) In allocating the resources of the Housing Development Fund over time, any program mix or targeting of funds shall account for the demographics of the population in need of housing, should balance the programs appropriately between rental assistance and ownership, and should apportion the available resources statewide according to local need.

(f) When any loan or grant application is submitted to the Housing Development Fund, the Housing Director of the Delaware State Housing Authority shall notify by certified and regular mail any state senators and representatives in whose districts any development project funded by said loan or grant will be located. In addition, the Housing Director shall so notify the chief executive officer of any local government in whose jurisdiction any development project will be located.

(g) When any loan or grant is awarded by the Housing Development Fund, the Housing Director of the Delaware State Housing Authority shall notify by certified and regular mail any state senators and representatives in whose districts any development project funded by said loan or grant will be located. In addition, the Housing Director shall so notify the chief executive officer of any local government in whose jurisdiction any development project will be located.
31 Del. C. § 320 — Delaware Code / Title 31 / Chapter 3 / Subchapter II / Section 320
§ Â
        320. Declaration of legislative intent; definitions.
Status: in_force

(a) The General Assembly hereby declares that the health and safety of the children and pregnant and postpartum persons of the State will be safeguarded if deaths of children under the age of 18 and stillbirths occurring after at least 20 weeks of gestation and maternal death are reviewed, in order to provide its findings or recommendations to alleviate those practices or conditions which impact the mortality of children and pregnant and postpartum persons.

(b) For the purposes of this subchapter:

(1) “Commission” means the Maternal and Child Death Review Commission.

(2) “Stillbirth” means as defined in § 3101 of Title 16.
31 Del. C. § 4309 — Delaware Code / Title 31 / Chapter 43 / Section 4309
§ Â
        4309. Agreements with federal government.
Status: in_force

An authority may, in connection with the borrowing of funds, or otherwise, enter into any agreement with the federal government or any agency or subdivision thereof providing for supervision and control of the authority of any project, and containing such covenants, terms and conditions as the authority may deem advisable.
31 Del. C. § 113 — Delaware Code / Title 31 / Chapter 1 / Section 113
§ Â
        113. County financial participation.
Status: in_force

The State Treasurer shall receive all money paid to the State by the receiver of taxes and county treasurer of each of the 3 counties on account of assistance, services and administration provided under this chapter and under Chapter 5 of this title and make payments from such moneys and moneys appropriated under such chapters in accordance with the provisions thereof.
31 Del. C. § 353 — Delaware Code / Title 31 / Chapter 3 / Subchapter IV / Section 353
§ Â
        353. Duty of placement agencies to comply with Divisionâs rules.
Status: in_force

Any person, agency, institution, association, corporation or organization placing any child, under this subchapter, shall abide by all rules made by the Division of Child Protective Services pertaining to the rejection, importation, placement, supervision, education, health, removal and general welfare of all such children.
31 Del. C. § 5302 — Delaware Code / Title 31 / Chapter 53 / Section 5302
§ Â
        5302. Incorporation; powers and duties.
Status: in_force

(a) The Woods Haven School for Girls is continued as a corporation and a body politic and corporate by law, and by that name shall have perpetual succession.

(b) The School may:

(1) Have, use or change a common seal;

(2) Receive, hold or convey any estate, real or personal, that may be committed to it;

(3) Act as guardian or custodian of any girl under the age of 18 years who shall be committed to its custody, charge or guardianship, according to law, for the physical, mental and moral training of such girl, and, during such time as any girl is in the custody, charge or guardianship of the School, the guardianship, custody or control of parents, guardians or any other person whatsoever shall be thereby superseded;

(4) Make such bylaws, rules and regulations and appoint such officers, agents and committees as it deems necessary and proper to carry out the purposes of the School; and

(5) Notwithstanding prior enactments accepting the Woods Haven School for Girls as a state-operated facility, nothing contained therein or in any other law was intended by the General Assembly to constitute a waiver of sovereign immunity for the Woods Haven School for Girls.
31 Del. C. § 4307 — Delaware Code / Title 31 / Chapter 43 / Section 4307
§ Â
        4307. Compensation and expenses of commissioners.
Status: in_force

No commissioner shall receive any compensation, whether in form of salary, per diem allowances or otherwise, for or in connection with the commissioner’s services as such commissioner. Each commissioner shall, however, be entitled to reimbursements, to the extent of appropriations or other funds available therefor, for any necessary expenditures in connection with the performance of the commissioner’s general duties or in connection with the construction or operation of any project. The authority may allocate such expenses among its project in such manner as it may consider proper.
31 Del. C. § 537 — Delaware Code / Title 31 / Chapter 5 / Section 537
§ Â
        537. Ovarian cancer screening and monitoring tests [For application of this section, see 84 Del. Laws, c. 488, Â 3].
Status: in_force

(a) For purposes of this section:

(1) “At risk for ovarian cancer” means any of the following:

a. Having a family history of any of the following:

1. One or more first- or second-degree relatives with ovarian cancer.

2. Clusters of women relatives with breast cancer.

3. Nonpolyposis colorectal cancer.

4. Breast cancer in a male relative.

b. Testing positive for any of the following genetic mutations:

1. BRCA1 or BRCA2.

2. Lynch Syndrome.

c. Having a personal history of any of the following:

1. Ovarian cancer.

2. Endometriosis.

3. Unexplained infertility.

4. Uterine fibroids.

5. Polycystic ovarian syndrome.

(2) “Carrier” means any entity that provides health insurance under § 505(3) of this title.

(3) “Monitoring tests” and “screening tests” mean tests and examinations for ovarian cancer using any of the following methods that are recommended by a patient’s physician:

a. Tumor marker tests supported by national clinical guidelines, national standards of care, or peer reviewed medical literature.

b. Transvaginal ultrasound.

c. Pelvic examination.

d. Other screening tests supported by national clinical guidelines, national standards of care, or peer reviewed medical literature.

(b) Carriers shall provide coverage for all the following:

(1) Monitoring tests for ovarian cancer after a woman is treated for ovarian cancer.

(2) Annual screening tests for women at risk for ovarian cancer.

(c) Coverage required by subsection (b) of this section must be at no cost in all health benefits plans delivered or issued for delivery by carriers.
31 Del. C. § 4036 — Delaware Code / Title 31 / Chapter 40 / Subchapter III / Section 4036
§ Â
        4036. Housing Development Fund, Affordable Rental Housing Program.
Status: in_force

(a) For purposes of this section:

(1) “Adjusted income” means as defined by DSHA.

(2) “Area median income” or “AMI” means as defined by DSHA.

(3) “Basic rent” means the rental charge established to cover expenses in the housing project’s approved budget and the required loan payment contained in the promissory note, reduced by the interest credit agreement with DSHA.

(4) “Housing project” means rental housing financed under this section.

(5) “HUD” means the U.S. Department of Housing and Urban Development.

(6) “Interest credit” means a form of assistance available under the Affordable Rental Housing Program available to eligible borrowers that reduces the effective interest rate of the loan.

(7) “Low-income” means a family with income between 50% and 80% of AMI.

(8) “Moderate-income” means a family with income no more than $5,500 above 80% of AMI.

(9) “Very low-income” means a family with income below 50% of AMI.

(b) The Affordable Rental Housing Program (ARHP) is a revolving fund within the Housing Development Fund that supports affordable rental housing for 1 or more of the following:

(1) Very low-, low-, and moderate-income families.

(2) Elderly individuals.

(3) Individuals with disabilities.

(c) The ARHP provides long-term loans to a housing project for any of the following purposes:

(1) To purchase buildings or land.

(2) For the construction or renovation of buildings.

(3) To provide necessary facilities such as water and waste disposal systems.

(d) (1) The interest rate for a loan under the ARHP must be the lower of the following:

a. The interest rate in effect at the time of loan approval.

b. The interest rate that is in effect at the time of loan closing.

(2) DSHA must provide interest credit to subsidize the interest on ARHP loans to a payment rate of 1%.

(3) ARHP loans must be amortized over a period that does not exceed 50 years and paid over a term that does not exceed 30 years from the date of the loan.

(4) DSHA may establish conditions that limit prepayment of loans under this section.

(e) (1) Rents for units in a housing project must be established at the same rate for all similar units in the housing project.

(2) During the term of a loan under this section, each tenant pays monthly rent in an amount equal to the lesser of the following:

a. The basic rent.

b. Thirty percent of the tenant’s adjusted income.

(3) Tenants may receive rent subsidies from other sources. A housing project must accept all tenant-based rent subsidies.

(4) DSHA may require that a housing project give first priority for tenancy to rental applicants who are living in substandard housing.

(f) A housing project must have 2 or more units per building and meet the requirements under all of the following:

(1) All applicable building codes.

(2) The Model Energy Code.

(3) HUD physical standards.

(g) (1) DSHA may use part of the appropriation made to the ARPH for the administration of the program.

(2) DSHA may use part of an appropriation for tenant-based rental assistance to subsidize the rent for some units in a housing project.

(h) (1) DSHA must promulgate policies and procedures implementing this section, under the Administrative Procedures Act, Chapter 101 of Title 29.

(2) The policies and procedures promulgated under paragraph (h)(1) of this section must include all of the following:

a. The requirements for the origination and servicing of loans under this section.

b. The criteria used to determine eligibility and priority for the ARPH financing.

c. The definition of each of the following:

1. Adjusted income.

2. Area median income.

(3) DSHA must annually publish the AMI for each region, as defined under paragraph (h)(2)c.2. of this section, as a notice in the Register of Regulations and on the DSHA website.
31 Del. C. § 4703 — Delaware Code / Title 31 / Chapter 47 / Section 4703
§ Â
        4703. Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

(1) “Board of directors” or “board” means the board of directors of the land bank.

(2) “Foreclosing governmental unit” means any political subdivision of the State of Delaware, where such political subdivision has the power to cause the sale of real property located within its respective jurisdiction for the collection of liens inuring to that political subdivision.

(3) “Land bank” means a land bank established under this chapter and in accordance with the provisions of this chapter.

(4) “Large jurisdictional land bank” means a land bank established under this chapter and in accordance with the provisions of this chapter that serves one of the following:

a. An entire county.

b. A foreclosing governmental unit, or a combination of foreclosing governmental units that have formed a single land bank by intergovernmental agreement pursuant to § 4705(b) of this title, that in total covers an area with a population in excess of 30,000 persons.

(5) “Liens” means any lien set forth in § 2901(a)(1) of Title 25.

(6) “Vacancy rate” means the percentage of residential structures that have been uninhabited for 6 months or more within a given jurisdiction.
31 Del. C. § 538 — Delaware Code / Title 31 / Chapter 5 / Section 538
§ Â
        538. Coverage for removal of excess skin and subcutaneous tissue [For application of this section, see 85 Del. Laws, c. 88, Â 5].
Status: in_force

(a) For purposes of this section:

(1) “Medically necessary” means as defined in § 3581 of Title 18.

(2) “Panniculectomy” means an operative procedure used to contour the abdominal wall by removing significant excess skin and subcutaneous adipose tissue.

(b) Carriers shall provide coverage for medically necessary removal of excess skin and subcutaneous tissue, including a panniculectomy, in all health benefit plans delivered or issued under § 505(3) of this title.
31 Del. C. § 519 — Delaware Code / Title 31 / Chapter 5 / Section 519
§ Â
        519. Payment of assistance grants by the Department of Welfare.
Status: in_force

Notwithstanding any other provision of law, the Department of Public Welfare may make payment of assistance grants under the Temporary Assistance for Needy Families program on behalf of certain eligible cases or families directly to the Employment Security Commission, Department of Labor, of this State, with the understanding that such assistance payments so made shall be used to compensate the eligible case or family for employment services rendered through placement of the employable adult or person 16 years of age or older and not in school with a public or private nonprofit agency for the purpose of performing specific duties.

The Employment Security Commission shall maintain accounting controls of such assistance payments made by the Department of Public Welfare and shall refund to the Department of Public Welfare any and all such assistance payments received which may not have been used for the intended purpose, such refunding to be effected within 90 days after such payment is issued.
31 Del. C. § 517 — Delaware Code / Title 31 / Chapter 5 / Section 517
§ Â
        517. Hospital and medical treatment for recipients of aid under this chapter.
Status: in_force

Notwithstanding any other provision of law, the Levy Court or County Council of any county shall not provide for the hospital treatment and medical care of any individual receiving assistance in any of the categories listed in § 505(1)-(3) of this title or receiving assistance as aid to the blind pursuant to this title.
31 Del. C. § 511 — Delaware Code / Title 31 / Chapter 5 / Section 511
§ Â
        511. Responsibility of relatives.
Status: in_force

(a) Nothing contained in this chapter shall be construed to relieve any person from the liability of maintaining and supporting the person’s parent or parents or child or spouse, as provided by the laws of this State. However, the provisions of § 501(a) of Title 13 shall not be considered by the Department in determining eligibility for assistance of any applicant or recipient of such assistance, but the Department shall encourage persons to seek and relatives to provide support that will eliminate or reduce the need for public assistance.

(b) Notwithstanding the provisions of this section or any other provision of law, the financial responsibility of an individual for any applicant or recipient of medical care shall be disregarded unless such applicant is such individual’s spouse or child who is under the age of 18 years or who is blind or permanently and totally disabled.
31 Del. C. § 101 — Delaware Code / Title 31 / Chapter 1 / Section 101
§ Â
        101. Definitions.
Status: in_force

As used in this title:

(1) “Board” or “Department” or “Department of Public Welfare” or “Board of Welfare” means the Department of Health and Social Services.

(2) “Secretary” or “Director” means Secretary of the Department of Health and Social Services.
31 Del. C. § 5102 — Delaware Code / Title 31 / Chapter 51 / Section 5102
§ Â
        5102. Functions of the Department of Services for Children, Youth and Their Families.
Status: in_force

There shall be 1 state agency known as the Department of Services for Children, Youth and Their Families one of whose functions shall be the administration of all state-owned training facilities for the detention, care and treatment, and after-care supervision of juvenile delinquents. These include: Ferris School for Boys, Kruse School, Woods Haven School for Girls and the Detention Home for Juveniles (Bridge House). In addition, the Department shall foster the expansion of community services directed toward the overall prevention of juvenile delinquency.
31 Del. C. § 4320 — Delaware Code / Title 31 / Chapter 43 / Section 4320
§ Â
        4320. Form and sale of bonds.
Status: in_force

Bonds, notes and certificates of indebtedness of an authority may be issued in 1 or more series, may bear such date or dates, may mature at such time or times from their respective dates, may bear interest at such rate or rates not in excess of 4% over the discount rate charged by the Federal Reserve Board of Governors to its member banks, may be in such denomination or denominations, may be in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment, at such place or places, may be subject to such terms of redemption, with or without a premium, may be declared or become due before the maturity date thereof, may provide for the replacement of mutilated, destroyed, stolen or lost bonds, may be authenticated in such manner and upon compliance with such conditions, may be payable from such income of the authority upon such terms, may be secured in such manner, may provide for such rights and remedies upon their default, and may contain such other covenants, terms and conditions (including, without being limited to the foregoing) as may be provided by resolution or resolutions of the authority or any trust indenture authorized thereby. Notwithstanding the former tenor thereof, and in the absence of an express recital on the face thereof that the bonds or notes are nonnegotiable, all bonds of an authority shall at all times be and shall be treated as negotiable instruments for all purposes. Such bonds, notes and certificates shall be sold at not less than par at public sale held after notice published once at least 5 days prior to such sale in a newspaper having a general circulation in the city or county and in a financial newspaper published in the City of Wilmington or in the City of New York, New York. Such bonds and other obligations may be sold to the federal government or any agency thereof at private sale at not less than par.
31 Del. C. § 529 — Delaware Code / Title 31 / Chapter 5 / Section 529
§ Â
        529. Coverage for insulin pumps.
Status: in_force

(a) For purposes of this section, “insulin pump” means a small, portable medical device that is approved by the U.S. Food and Drug Administration to provide continuous subcutaneous insulin infusion.

(b) Carriers shall provide coverage for a medically-necessary insulin pump at no cost in all health benefit plans delivered or issued for delivery under § 505(3) of this title.
31 Del. C. § 1003 — Delaware Code / Title 31 / Chapter 10 / Section 1003
§ Â
        1003. Obtaining benefit under false representation.
Status: in_force

It shall be unlawful for any provider, by means of a false statement or representation, or by concealment of, or failure to disclose any material fact, or by any other fraudulent scheme or device on behalf of the provider or others to obtain or attempt to obtain payments or any other property, under any public assistance program established by the State to which the provider is not entitled, in whole or in part.
31 Del. C. § 502 — Delaware Code / Title 31 / Chapter 5 / Section 502
§ Â
        502. Definitions.
Status: in_force

As used in this chapter:

(1) “Applicant” means any person or family who applies for assistance or welfare services or on whose behalf such application is made under the terms of this chapter.

(2) “Assistance” means assistance to or on behalf of eligible needy persons or eligible families to enable them to improve their standard of living, including money payments, child care, job training, education, other support services, medical or surgical care, dental care, nursing, burial, board and care in a private institution, adult foster care, rest residential facility for adults, public medical institution as a patient, or such other aid as may be deemed necessary.

(3) “Carrier” means any entity that provides health insurance under § 505(3) of this title.

(4) “Dental care” means payment of all or part of the costs on behalf of an eligible recipient for preventive and restorative treatment which the Department of Health and Social Services authorizes by regulation.

(5) “Employable” refers to any person who:

a. Is between the ages of 18 and 54; and who

b. Is determined by the Department of Health and Social Services (pursuant to published regulations developed in consultation with the Department of Labor) to be physically and mentally able to work.

(6) “Medical advisory committee” means a committee appointed by the Secretary of the Department of Health and Social Services, composed of representatives from the field of medicine, osteopathy, dentistry, nursing, pharmacy, hospital services and such other fields concerned with health as the Secretary of the Department of Health and Social Services may deem appropriate, to provide to the board advice, recommendations and assistance in the formulation and administration of programs of medical and health care.

(7) “Medical assistance” means medical or dental care furnished on behalf of recipients who are eligible for assistance in any of the categories in § 505 of this title.

(8) “Medical care” means payment of all or part of the costs on behalf of eligible recipients; provided, that such payments are within the limitations of the funds appropriated by the General Assembly and the United States Congress for this purpose, for any of the following:

a. Inpatient hospital services.

b. Outpatient hospital services.

c. Other laboratory and X-ray services.

d. Nursing services.

e. Physician’s services, whether furnished in the office, the patient’s house, a hospital, a skilled nursing home or elsewhere.

f. Pharmacist’s services, whether furnished in the office, the patient’s house, a hospital, a skilled nursing facility, an assisted living facility, a pharmacy, a federally-qualified health center, a rural health clinic, or elsewhere.

g. Drugs and medicine.

h. Such other health services and supplies as specified by the Department on recommendation by the Medical Advisory Committee.

Such payments may be made only to persons, institutions, and entities which meet the standards as established by the Department of Health and Social Services and which promote safe and adequate treatment of individuals in the interest of public health and safety.

(9) “Recipient” means any person or family to whom or for whom assistance is paid under this chapter.

(10) “Standard of need” means the subsistence level for a decent standard of living established by regulations of the Department of Health and Social Services.

(11) “Underemployment” and “unemployment” means as defined under regulations of the Department of Health and Social Services in consultation with the Department of Labor.

(12) “Unemployable” means not employable.
31 Del. C. § 312 — Delaware Code / Title 31 / Chapter 3 / Subchapter I / Section 312
§ Â
        312. Background checks for private schools [Effective July 1, 2026].
Status: in_force

(a) A background check is required for all employees, contractors, and volunteers of private schools. The prohibitions set forth in § 309(d) of this title apply to employees, contractors, and volunteers of private schools.

(b) For purposes of this section:

(1) “Background check” means a fingerprint-based Delaware and national background check completed by the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI) as well as a Child Protection Registry check completed by the Department of Services for Children, Youth and Their Families (DSCYF).

(2) “Child Protection Registry” means as defined in § 309 of this title.

(3) “Contractor” means a person, not an employee, providing services or seeking a contract to provide services within a private school who has regular direct access to children or provides services directly to a child or children.

(4) “Direct access” means as defined in § 309 of this title.

(5) “Employee” means any individual employed or seeking employment for compensation with a private school and includes student teachers or any employee of the school or an employee of a related or parent organization of the private school who for any reason has regular direct access to children in a private school.

(6) “Private school” means a school having any or all of grades kindergarten through 12, operating under a board of trustees, which is not a “public school” as that term is defined in § 309 of this title. “Private school” includes a summer school operated by a private school and a youth camp directly operated by a private school.

(7) “Volunteer” means an individual providing volunteer services within a private school who has regular direct access to children.

(8) “Youth camp” means as defined in § 309 of this title.

(c) (1) SBI shall furnish information pertaining to the identification and criminal history record of prospective employees, volunteers, and contractors of private schools, except as otherwise allowed or required, provided that the prospective employee, volunteer, or contractor submits to a reasonable procedure established by standards set forth by the Superintendent of State Police to identify the person whose record is sought. This procedure must include the fingerprinting of the individual subject to a criminal background check and the provision of such other information as may be necessary to obtain a report of the individual’s entire criminal history record from SBI and a report of the individual’s entire federal criminal history record under the authorization of the Adam Walsh Child Protection and Safety Act [34 U.S.C. § 20901 et seq.] or any other applicable federal law. Notwithstanding any provision to the contrary, the information to be furnished by SBI shall include child sex abuser information. The Division of State Police shall be the intermediary for purposes of this section.

(2) A private school must obtain a statement signed by a prospective employee, contractor, or volunteer that authorizes a full release to the private school to obtain information provided as a result of the Child Protection Registry check. The DSCYF will process a Child Protection Registry check of the individual upon receipt of the signed statement, which must be attached to the request from the private school for the Child Protection Registry check.

(d) (1) Upon completion of a criminal background and Child Protection Registry check the SBI shall provide the criminal history background check and DSCYF shall provide the Child Protection Registry check information to the head of the private school or the head of school’s designee. The private school shall determine whether the individual is prohibited from employment, contractual services, or volunteering at the private school according to the prohibitions set forth in § 309(d) of this title.

(2) Criminal history and Child Protection Registry check information is confidential and may only be disclosed to the private school’s head of school or the head of school’s designee.
31 Del. C. § 4315 — Delaware Code / Title 31 / Chapter 43 / Section 4315
§ Â
        4315. Supervision of projects by the DSHA.
Status: in_force

Whenever any project of any agency, including public or private organizations or corporations, is financed in whole or in part by this State pursuant to Chapter 40 of this title, the Housing Director of DSHA may:

(1) Order any agency undertaking or operating a project to make, at its expense, such repairs and improvements as will preserve or promote the health and safety of the occupants of buildings and structures owned or operated by such agency;

(2) Order all such agencies to do such acts as may be necessary to comply with the law, the rules and regulations adopted by the Housing Director by the terms of any project approved by the Housing Director, or to refrain from doing any acts in violation thereof;

(3) Examine all such agencies and keep informed as to their general condition, their capitalization and the manner in which their property is constructed, leased, operated or managed;

(4) By the Housing Director’s duly authorized agents, enter in or upon and inspect the property, equipment, buildings, plants, offices, apparatus and devices of any such agency, examine all books, contracts, records, documents and papers of any such agency and, by subpoena duces tecum issued by DSHA, compel the production thereof;

(5) In the Housing Director’s discretion prescribe uniform methods and forms of keeping accounts, records and books to be observed by such agencies and to prescribe or order accounts in which particular outlays and receipts shall be entered, charged or credited;

(6) Require every such agency to file with DSHA an annual report setting forth such information as the Housing Director may require verified by the oath of a duly authorized representative of the agency. Such report shall be in the form, cover the period and be filed at the time prescribed by the Housing Director. The Housing Director may further require answers to questions upon which the Housing Director or DSHA may desire information and may also require such agency to file periodic reports in the form covering the period at the time prescribed by the Housing Director;

(7) From time to time make, amend and repeal rules and regulations for carrying into effect this chapter.
31 Del. C. § 1007 — Delaware Code / Title 31 / Chapter 10 / Section 1007
§ Â
        1007. Penalties.
Status: in_force

(a) Whoever knowingly violates §§ 1003, 1004(2) and 1006 of this title shall be guilty of a class A misdemeanor; provided, that, where the value of assistance benefits, payments or other property is $500 or more, but less than $10,000, the violator shall be guilty of a class E felony; further provided, that, where the value of assistance, benefits, payments or other property is $10,000 or more, the violator shall be guilty of a class C felony.

(b) Whoever violates § 1004(1) of this title, shall be guilty of a class A misdemeanor.

(c) Whoever violates §§ 1004(3) and (4) and 1005 of this title, shall be guilty of a class E felony.

(d) In addition to the penalties provided herein, every provider convicted under this chapter shall make full restitution of the money, goods or services or the value of those goods or services unlawfully received, plus interest on that amount at the rate of 1.5% per month, for the period from the date upon which payment was made to the date upon which repayment is made to the State.

(e) Upon conviction under this chapter, such provider shall not be eligible for any further participation in the Delaware Public Assistance Program; provided, however, that where the community interest would be adversely affected, the Secretary of the Department of Health and Social Services, or the Secretary’s designee, shall, upon petition of the provider, conduct a hearing on the record, to determine the need for a comparable provider to render the needed services to the community, and whether this provider’s continued participation in the program is in the best interest of the State. Where this is established, the provider may continue in the program under such conditions as the Secretary may impose.
31 Del. C. § 909 — Delaware Code / Title 31 / Chapter 9 / Section 909
§ Â
        909. Effect of refusal to work.
Status: in_force

The Department, as part of its authority pursuant to §§ 503, 512(1), 509 and 518 of this title, may establish sanctions for any assistance recipient who refuses without good cause to report for or to perform that work to which the recipient has been assigned by the Department, or who refuses without good cause to report for and participate in any training project designed to improve employability to which the recipient has been referred.
31 Del. C. § 3705 — Delaware Code / Title 31 / Chapter 37 / Section 3705
§ Â
        3705. Task Force on Housing for Senior Citizens.
Status: in_force

(a) There is established a Task Force on Housing for Senior Citizens.

(b) The Task Force shall be composed of at least 9 members who shall be appointed by the Secretary of the Department of Health and Social Services.

(c) The duties of the Task Force shall include, but not be limited to, the following:

(1) To study, research, plan and advise the staff of the Program and the Division Director on matters it deems appropriate to enable the Program to function in the best possible manner;

(2) To review and advise the staff and the Division Director regarding the annual proposed budget for the Program.

(d) The terms of the new members shall be staggered. The first 3 appointees shall serve for a term of 1 year. The next 3 appointees shall serve for a term of 2 years, and the next 3 appointees shall serve for a term of 3 years. Appointees, including reappointees, after the initial 9, shall serve 3-year terms. No person shall serve for more than 2 consecutive terms. Persons serving 2 consecutive terms are eligible for reappointment after a 1-year absence.

(e) The members shall include at least 1 representative from each of the following: A private housing program, a public housing agency, the appropriate county government housing agency, a senior citizen organization, the business community and private citizens.

(f) The membership of the Task Force may be expanded to a maximum of 13 members if the program is expanded statewide. The Task Force may form subcommittees.

(g) The Chairperson of the Task Force shall be chosen by the Task Force from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.
31 Del. C. § 5405 — Delaware Code / Title 31 / Chapter 54 / Section 5405
§ Â
        5405. Medical assistance.
Status: in_force

(a) A child with special needs resident in this State who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this State upon the filing in the Medical Assistance Office of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the Medical Assistance Office, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.

(b) The State Medical Assistance Office shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this State and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

(c) The Medical Assistance Office or other appropriate state agency shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the State Adoption Assistance Agency for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The Department of Services for Children, Youth and Their Families shall make regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection shall be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided by the residence state. Among other things, such regulations shall include procedures to be followed in obtaining prior approvals for services in those instances where required for the assistance.

(d) The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading or fraudulent shall be punishable as perjury and shall also be subject to a fine of not to exceed $10,000 or imprisonment for not to exceed 2 years, or both such fine and imprisonment.

(e) This section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this State under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this State. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this State shall be eligible to receive it in accordance with the laws and procedures applicable thereto.
31 Del. C. § 2108 — Delaware Code / Title 31 / Chapter 21 / Section 2108
§ Â
        2108. Duty of agencies, physicians, and nurses to report persons with blindness and persons with visual impairment.
Status: in_force

Each health or social agency, attending or consulting physician, or attending or consulting nurse shall report, in writing, to the Division the name, age, and residence of each person with blindness or person with visual impairment to whom the agency, physician, or nurse provides service, and furnish additional information that the Division requests for the registration or prevention of blindness or visual impairment.
31 Del. C. § 4072 — Delaware Code / Title 31 / Chapter 40 / Subchapter VII / Section 4072
§ Â
        4072. Qualifications for DWH grants [For application of this section, see 84 Del. Laws, c. 352, Â 3].
Status: in_force

Subject to the limitations set forth in this subpart, any qualified workforce housing investor making a qualified workforce housing investment in an Investment Level 1 or Investment Level 2 is entitled to a grant in an amount up to 20% of the qualified workforce housing investment in excess of the minimum qualified workforce housing threshold.
31 Del. C. § 4002 — Delaware Code / Title 31 / Chapter 40 / Subchapter I / Section 4002
§ Â
        4002. Purpose.
Status: in_force

(a) It is the purpose of this chapter that DSHA have the authority and capacity to:

(1) Efficiently provide, and to assist others to provide, quality affordable housing opportunities and appropriate supportive services to responsible low- and moderate-income Delawareans;

(2) Encourage persons and families benefiting from activities authorized in this chapter, to the maximum extent feasible, to become economically self-sufficient by assisting in the delivery of social, educational and other supportive services and programs which develop self-sufficiency and by facilitating economic and employment opportunities and similar benefits for persons assisted under this chapter;

(3) Coordinate the housing and redevelopment activities of state agencies and other public agencies and private bodies with such responsibilities within the State;

(4) Provide assistance in the rehabilitation of distressed or substandard housing in an effort to preserve current housing stock and strengthen communities;

(5) Serve as a resource where the housing and construction industries, local governments and the public may obtain information on affordable housing and community development programs, data and trends, including coordinating and promoting assistance to nonprofit housing sponsors who develop affordable housing opportunities for persons of low and moderate income;

(6) Assist the Office of State Planning and other state, local and regional planning authorities in the preparation and implementation of comprehensive plans and programs for rural and urban housing and improvement of housing within the State, especially regarding the planning and development of affordable housing;

(7) Confront adverse social conditions and to lessen the effects of drug and crime problems for residents of DSHA housing for low- and moderate-income persons and families by establishing and implementing policies and taking practical steps to mitigate such conditions and eliminate drug and crime problems;

(8) Carry out and enforce the State Housing Code;

(9) Advise and inform the Governor and the public on the affairs and problems relating to housing and community development and revitalization, and make recommendations to the Governor for proposed legislation pertaining thereto;

(10) Administer such provisions of the Downtown Development District Act as set forth in Chapter 19 of Title 22; and

(11) Operate DSHA’s financial affairs in a prudent and sound manner.

(b) This section shall be construed according to the fair import of its terms and shall be liberally construed to further the general purposes stated in this section and the special purposes of the particular provisions involved.
31 Del. C. § 1509 — Delaware Code / Title 31 / Chapter 15 / Section 1509
§ Â
        1509. Committee on Employment and Social Services
Status: in_force

(a) Duties and responsibilities. —

(1) The Committee on Employment and Social Services (the “Committee”) is established to assist the Department, DOL, and the WDB to place TANF recipients in unsubsidized private sector jobs, and to advise them on the policy, direction and implementation of all of Delaware’s welfare-to-work efforts, including the Program. The Committee shall operate in close cooperation with the Delaware Workforce Development Board and shall provide the Board with its advice with respect to the allocation of job training and placement funds for implementation of the State’s welfare-to-work efforts.

(2) The Committee shall serve in an advisory capacity and consider matters related to child support and social services as referred by the Governor, Secretaries of the Department and DOL. The Committee may study and research matters effecting employment and program service delivery efforts of the Divisions’ of Child Support and Social Services as deemed appropriate.

(b) Appointments, term, vacancy, and removal. —

(1) The Committee shall consist of 9 members appointed by the Governor which shall include no less than 3 employers and reflect diversity.

(2) Members shall be appointed for a term of up to 3 years in order to continue on a staggered basis so that no more than 3 members’ terms expire in a year.

(3) A Chair and Vice Chair will be elected annually by the Committee.

(4) Members who fail to attend 3 consecutive meetings may be assumed to have resigned and the Governor may accept their resignation.

(5) The Division Directors of the Division of Social Services and Division of Child Support Services or their designees will attend the meetings and staffing will be provided by the Division of Social Services.

(6) The Committee must recruit employers for the purpose of assisting the State in the hiring and placement of TANF recipients in private sector jobs. The Committee may hold public meetings to explore ways to remove barriers that would prevent TANF recipients from finding sustainable employment opportunities.
31 Del. C. § 903 — Delaware Code / Title 31 / Chapter 9 / Section 903
§ Â
        903. Application for assignment of assistance recipients.
Status: in_force

Whenever the governing body of a county, city or town within this State, or the board or executive officer of any state agency or other public agency or public institution or private nonprofit organization, has any work to be done with the county, city, town, agency, institution or organization, or as a function of such agency, institution or organization, which it appears may be properly performed by 1 or more employable adults of families who receive assistance, the appropriate authority shall make application to the Department of Health and Social Services or the Department of Labor, in the form prescribed by the respective Department, for the establishment of a work project.
31 Del. C. § 4525 — Delaware Code / Title 31 / Chapter 45 / Section 4525
§ Â
        4525. Approval of plan; required findings.
Status: in_force

(a) Following the hearing required by § 4524 of this title, the local governing body may approve an urban renewal project and the plan therefor if it finds that:

(1) A feasible method exists for the location of families who will be displaced from the urban renewal area, in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families;

(2) The urban renewal plan conforms to the general plan of the municipality or community as a whole;

(3) The urban renewal plan gives due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the plan; and

(4) The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality or community as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise.

(b) If the urban renewal area consists of an area of open land to be acquired by the municipality or community, such area shall not be so acquired unless:

(1) If it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe and sanitary exists in the municipality or community, that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, that the conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime, and constitute a menace to the public health, safety, morals, or welfare, and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality or community; or

(2) If the area is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action as provided in this chapter, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality or community, by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area.
31 Del. C. § 1506 — Delaware Code / Title 31 / Chapter 15 / Section 1506
§ Â
        1506. Participant compensation and benefits.
Status: in_force

(a) Participants shall receive the following benefits so long as they satisfactorily participate in the Program:

(1) Compensation for their work effort substantially equal to the wage paid for similar jobs in the local economy, with appropriate adjustments for experience, training and productive effort;

(2) The EITC, with any advanced portions paid as a part of the wage payment;

(3) Continuation of federal and state medical assistance benefits for which the participants was eligible at the time of entering the Program;

(4) Child care benefits as may be necessary to permit participation in the Program;

(5) Job training and job search counseling as otherwise available under the TANF program;

(6) Such portion of the child support payments collected by the Department as the Department determines, in addition to, and not in lieu of, the payments for work provided in the Program;

(7) Accumulation of an earned Personal Advancement Account as provided for in § 1507 of this title.

(b) TANF benefits shall be suspended for the duration of the placement at the end of the first calendar month in which an employer makes the first wage payment to a participant who is a custodial parent in a family that receives TANF program benefits.

(c) The Department shall also make supplemental payments to families for which the participant’s wages, together with the EITC, represent less spendable income than the value of the TANF program benefits that the family would otherwise receive. The supplemental payments shall be in amounts which when added to the amount of participant wages together with the EITC will be equal to the value of the TANF program benefits that the family would otherwise receive. The Department shall determine and pay in advance supplemental payments to participants on a monthly basis as necessary to ensure equivalent net program wages. Such supplemental payments shall not be subject to federal income taxes and social security contributions.

(d) The Department may provide life skills classes and opportunities for participants to achieve high school graduation equivalency diplomas in conjunction with participation in the Program.
31 Del. C. § 389 — Delaware Code / Title 31 / Chapter 3 / Subchapter VI / Section 389
§ Â
        389. Governor; appointment of officer to coordinate activities of Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].
Status: in_force

As used in Article VII of this Compact, the term “executive head” means the Governor. The Governor is authorized to appoint a compact administrator in accordance with the terms of Article VII of this Compact.
31 Del. C. § 5202 — Delaware Code / Title 31 / Chapter 52 / Subchapter I / Section 5202
§ Â
        5202. Execution of compact.
Status: in_force

The Governor is hereby authorized and directed to execute a compact on behalf of this State with any other state or states legally joining therein in the form substantially as follows.
31 Del. C. § 2106 — Delaware Code / Title 31 / Chapter 21 / Section 2106
§ Â
        2106. Payment of Division expenses.
Status: in_force

The State Treasurer shall pay out of funds appropriated by the General Assembly the Division’s expenses for salaries and wages, office expenses, operation, working capital, materials, repairs and replacements, travel, or other expenses in connection with carrying out the Division’s duties, on vouchers that the appropriate Division officer issues.
31 Del. C. § 310 — Delaware Code / Title 31 / Chapter 3 / Subchapter I / Section 310
§ Â
        310. Breast-feeding.
Status: in_force

Notwithstanding any provisions of law to the contrary, a mother shall be entitled to breast-feed her child in any location of a place of public accommodation wherein the mother is otherwise permitted.
31 Del. C. § 530 — Delaware Code / Title 31 / Chapter 5 / Section 530
§ Â
        530. Coverage for doula services.
Status: in_force

(a) As used in this section:

(1) “Carrier” means any entity that provides health insurance under § 505(3) of this title.

(2) “Doula services” means services provided by a trained doula and designed to provide physical, emotional, and educational support to pregnant and birthing persons before, during, and after childbirth. “Doula services” include the following:

a. Support and assistance during labor and childbirth.

b. Prenatal and postpartum support and education.

c. Breastfeeding assistance and lactation support.

d. Parenting education.

e. Support for a birthing person following loss of pregnancy.

(b) Beginning January 1, 2024, all carriers shall provide coverage of doula services that includes all of the following:

(1) Three prenatal visits, of up to 90 minutes.

(2) Three postpartum visits, of up to 90 minutes.

(3) Attendance through labor and birth.

(c) Coverage must be provided for additional postpartum doula visits with a recommendation by a practitioner or clinician licensed under Title 24 acting within their scope of practice.

(d) The Division of Medicaid and Medical Assistance shall establish, in collaboration with stakeholders, a process for doulas to be certified and to enroll as participating providers, as well as a reimbursement rate for doula services that supports a livable annual income for full-time practicing doulas.
31 Del. C. § 4537 — Delaware Code / Title 31 / Chapter 45 / Section 4537
§ Â
        4537. Grant of funds by community.
Status: in_force

Any community located in whole or in part within the area of operation of an authority may grant funds to an authority for the purpose of aiding such authority in carrying out any of its powers and functions under this chapter. To obtain funds for this purpose, the community may levy taxes and may issue and sell its bonds. Any bonds to be issued by the community pursuant to the provisions of this section shall be issued in the manner and within the limitations prescribed by the laws of this State for the issuance and authorization of bonds by a community for any public purpose.
31 Del. C. § 5107 — Delaware Code / Title 31 / Chapter 51 / Section 5107
§ Â
        5107. Commitments to the Department.
Status: repealed

The Family Court of the State may commit to the custody of the Department any juvenile who is subject to the jurisdiction of such Court and who is delinquent, as that term is defined in § 901 of Title 10; provided, however, that where the adjudication is pursuant to § 1009(e) [repealed] of Title 10, the juvenile shall be committed for the designated statutory period. The Department shall accept the custody of any juvenile so committed to it.
31 Del. C. § 4123 — Delaware Code / Title 31 / Chapter 41 / Subchapter III / Section 4123
§ Â
        4123. Administrative liability.
Status: in_force

Except as may otherwise be provided by state statute, no officer, agent or employee of the State or any Delaware community charged with the enforcement of this chapter shall be rendered personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of duties under this chapter. No person who institutes, or assists in the prosecution of, a criminal proceeding under this chapter shall be liable for damage therefor unless such person acted with actual malice and without reasonable grounds for believing that the person accused or prosecuted was guilty of an unlawful act or omission. Any civil suit brought against any officer, agent or employee of the State or of any Delaware community as a result of any act required or permitted in the discharge of duties under this chapter shall be defended by the attorney-at-law of each jurisdiction and of the State until the final determination of the proceedings therein.
31 Del. C. § 5111 — Delaware Code / Title 31 / Chapter 51 / Section 5111
§ Â
        5111. Aiding or harboring escapee from a facility of the Department; penalty.
Status: in_force

Whoever knowingly:

(1) Advises, promotes or aids in the escape or running away of any juvenile from the custody or detention of the Department; or

(2) Harbors or conceals, or aids in harboring or concealing any juvenile who has escaped from a facility of the Department, after such juvenile has been regularly committed thereto or detained thereat,

shall be fined not less than $10 nor more than $1,000.
31 Del. C. § 4538 — Delaware Code / Title 31 / Chapter 45 / Section 4538
§ Â
        4538. Cooperation between authorities.
Status: in_force

Any 2 or more authorities may join or cooperate with one another in the exercise if any or all of the powers conferred for the purpose of planning, undertaking or financing a redevelopment project or projects located within the area or areas of operation of any 1 or more of such authorities. When a redevelopment project or projects are planned, undertaken or financed on a regional or unified metropolitan basis, the terms “governing body” and “community” as used in this chapter shall mean the governing bodies of the appropriate communities and the appropriate communities cooperating in the planning, undertaking or financing of such project or projects.