31 Del. C. § 1505 — Delaware Code / Title 31 / Chapter 15 / Section 1505
§ Â
        1505. Participating employers.
Status: in_force

(a) Any employer subject to the State unemployment insurance tax, or reimbursement in lieu thereof pursuant to § 3345 of Title 19, shall be eligible for assignment of Program participants as temporary employees, but no employer shall be required to participate in the Program.

(b) As part of the State’s overall effort to place employable recipients in unsubsidized private sector jobs, the Department, DOL, and the WDB, in cooperation with the Committee on Employment and Social Services, shall recruit participating employers from among those employers subject to the unemployment insurance tax, through public invitation and through cooperative efforts with business associations, chambers of commerce, local governments and other such organizations.

(c) Each participating employer shall enter into an agreement with the Department to abide by all requirements of the Program, and to repay reimbursements in the event that the employer violates program rules. If the Department finds that a participating employer has violated the rules of the Program, the Department shall withhold any amounts due to the employer under this chapter, and may seek repayment of any amounts paid to employers under this chapter.

(d) The maximum number of program participants that any employer may utilize at one time shall not exceed 10 percent of the total number of the employer’s employees in the State, but any employer may utilize one participant. The Secretary may waive this limitation in special circumstances.

(e) The Department shall assign available jobs on the basis of a preference schedule developed by the Department. In consultation with the participant, the Department shall try to match the prior training and education, work profile and desires of the participant with the needs of an employer when making a placement; provided, however, that non-cooperation by the participant shall give rise to sanctions pursuant to §§ 512, 518, and 1508 of this title.

(f) Either the employer or the participant may terminate a placement by contacting the appropriate Department office. If a participant terminates a placement with good cause, the Department shall reassess the needs and skills of the participant and determine an appropriate course of action, such as whether to place the participant in another private sector job, another Program placement, a work force job, or a job training or educational program. If a participant terminates a placement without good cause, the participant shall be subject to sanctions established pursuant to §§ 512, 518, and 1508 of this title. If an employer terminates a placement with good cause, the Department may, at the employer’s request, provide the employer with another participant. If an employer terminates a placement without good cause, such employer may be precluded from further participation in the Program and shall be permitted to participate subsequently only upon application to the Department and a determination by the Department that the employer is likely to comply with the Program’s rules and regulations.

(g) The Department shall establish criteria for excluding employers from participation for failure to abide by Program requirements or other demonstrated unwillingness to comply with the stated intent of the Program.

(h) Employers making jobs available to Program participants shall:

(1) Endeavor to make placements positive learning, training and employment experiences for Program participants:

(2) Maintain health, safety and working conditions for participants at or above levels comparable to those of other employees of the employer;

(3) Offer such on-the-job training, including workplace monitoring, as may be necessary to enable the participants to perform their duties;

(4) Conform to § 3304(a)(5) of the Federal Unemployment Tax Act [26 U.S.C. § 3304(a)(5)], which requires that the job offered cannot be available as a result of a strike or labor dispute, that the job cannot require the employee to join or prohibit the employee from joining a labor organization, and that program participants are not used to displace regular workers;

(5) Pay a wage that is substantially equal to the wage paid for similar jobs in the local economy, with appropriate adjustments for experience and training, and including provision for advance receipt of the federal Earned Income Tax Credit (“EITC”), but in no case lower than the state minimum wage provided in § 902 of Title 19;

(6) Withhold from each participant’s paycheck, and pay as required by federal and state law, federal and State income taxes, and social security contributions;

(7) Provide workers’ compensation coverage as required by state law;

(8) Allow sick leave, holiday and vacation absences in conformity to the individual employer’s policy for temporary employees;

(9) Offer group health insurance benefits if, and to the extent that, state or federal law requires the employer to provide such benefits;

(10) Make an additional contribution to the participant’s Personal Advancement Account, as provided in § 1507 of this title.

(i) For a maximum of 6 months, the Department shall reimburse the employer for each participant hour worked in the amount of the state minimum wage. The employer shall be responsible for each participant’s unemployment insurance taxes and workers’ compensation insurance premiums, and the employer’s share of the Federal Insurance Contributors Act.

(j) If after 4 months in a placement, a participant has not been hired for an unsubsidized position, the employer shall allow the worker to undertake 8 hours of job search per week. Participating employers shall consider such time as hours worked for the purpose of paying wages.

(k) If after 6 months in a placement a participant has not been hired for an unsubsidized position, the placement shall be terminated and the employer shall file a statement with the Department explaining its reason for not hiring the participant in an unsubsidized position. At that time, the Department, DOL, or the WDB as the case may be, shall reassess the participant’s employability and determine an appropriate course of action such as whether to place the participant in another private sector job, a workfare job, or a job training or educational program, another Program placement, or to sanction the participant pursuant to its authority under § 1508 of this title and §§ 512 and 518 of this title.

(l) The Department, DOL, or the WDB may provide the following types of services: Job readiness, job development, job training and placement, job support, program evaluation, and other services incident to the operation of the Program, and to that end, shall, to the extent such services may be provided more cost-effectively in such manner, subcontract for such services with qualified public and private organizations.
31 Del. C. § 302 — Delaware Code / Title 31 / Chapter 3 / Subchapter I / Section 302
§ Â
        302. Intent and purpose of chapter.
Status: in_force

The intent and purpose of this chapter are to:

(1) Provide humane and scientific treatment, care and highest attainable degree of individual development for the dependent wards of this State;

(2) Provide for the delinquent such wise conditions of modern education and training as will restore the largest possible portion of such delinquents to useful citizenship;

(3) Promote the study of the causes of dependency and delinquency and of mental and physical disabilities, with a view to cure and ultimate prevention; and

(4) Secure, by uniform and systematic management, the highest attainable degree of economy in the administration of the state institutions under supervision of the Division of Child Protective Services consistent with the objects in view.
31 Del. C. § 108 — Delaware Code / Title 31 / Chapter 1 / Section 108
§ Â
        108. Merit system of personnel administration unaffected.
Status: in_force

Nothing in this chapter shall interfere with the continued operation of a merit system of personnel administration for positions placed under such system by agreement between state and federal authorities.
31 Del. C. § 4114 — Delaware Code / Title 31 / Chapter 41 / Subchapter II / Section 4114
§ Â
        4114. Interior structure.
Status: in_force

(a) In general. — The interior of a structure and its equipment shall be maintained structurally sound and in a sanitary condition so as not to pose a threat to the health and safety of the occupants and to protect the occupants from the environment.

(b) Structural members. — The supporting structural members of every building shall be maintained structurally sound, not showing any evidence of deterioration which would render them incapable of carrying the imposed loads.

(c) Interior surfaces. — Floors, walls, including windows and doors, ceilings and other interior surfaces shall be maintained in good, clean and sanitary condition.

(d) Lead-based paint. — Lead-based paint with a lead content of more than 0.5 percent shall not be applied to any interior or exterior surface of a dwelling or dwelling unit, including fences and outbuildings upon any premises.

(e) Bathroom and kitchen floors. — Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to permit such floor to be easily kept in a clean and sanitary condition.

(f) Free from dampness. — Cellars, basements and crawl spaces shall be maintained free from standing water so as to prevent conditions conducive to decay or deterioration of the structure.

(g) Sanitation. — The interior of every structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish, refuse or garbage. Rubbish, garbage and other refuse shall be properly kept inside temporary storage facilities.

(h) Public halls and stairways. — Garbage or refuse shall not be allowed to accumulate or be stored in public halls or stairways.

(i) Insect and rat harborage. — All structures shall be kept free from insect and rat infestation, and where insects or rats are found they shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

(j) Exit doors. — Every door available as an exit shall be capable of being opened easily from the inside.

(k) Exit facilities — Adequacy. — Stairs, porches, railings and other exit facilities shall be adequate for safety.

(l) Exit facilites — Maintenance. — All interior stairs and railings and other exit facilities of every structure shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting the anticipated loads.
31 Del. C. § 531 — Delaware Code / Title 31 / Chapter 5 / Section 531
§ Â
        531. Annual behavioral health well check.
Status: repealed

(a) As used in this section, “behavioral health well check” means a predeductible annual visit with a licensed mental health clinician with at minimum a masters level degree. The well check must include but is not limited to a review of medical history, evaluation of adverse childhood experiences, use of a group of developmentally-appropriate mental health screening tools, and may include anticipatory behavioral health guidance congruent with stage of life using the diagnosis of “annual behavioral health well check.”

(b) All carriers shall provide coverage of an annual behavioral health well check, which, except as provided in subsection (d) of this section, shall be reimbursed at rates comparable to rates for the provision of other medical care, provided that reimbursement may be adjusted for payment of claims that are billed by a nonphysician clinician so long as the methodology to determine such adjustments is comparable to and applied no more stringently than the methodology for adjustments made for reimbursement of claims billed by nonphysician clinicians for other medical care, in accordance with 42 CFR § 438.910(d)(1).

(c) (1) The Division of Medicaid and Medical Assistance shall develop and implement procedural codes for purposes of billing for a behavioral health well check that are comparable to the rates under the following CPT codes:

a. 99381.

b. 99382.

c. 99383.

d. 99384.

e. 99385.

f. 99386.

g. 99387.

h. 99391.

i. 99392.

j. 99393.

k. 99394.

l. 99395.

m. 99396.

n. 99397.

(2), (3) [Repealed.]

(d) An annual behavioral health well check may be reimbursed through a value-based arrangement, a capitated arrangement, a bundled payment arrangement, or any other alternative payment arrangement that is not a traditional fee-for-service arrangement, provided that a carrier must have documentation demonstrating that within such payment arrangement the annual behavioral health well check is valued commensurate to the value established under subsection (b) of this section.

(e) An annual behavioral health well check may be incorporated into and reimbursed within any type of integrated primary care service delivery method including, but not limited to, the psychiatric collaborative care model, the primary care behavioral health model or behavioral health consultant model, any model that involves co-location of mental health professionals within general medical settings, or any other integrated care model that focuses on the delivery of primary care.

(f) Nothing in this section prevents the operation of policy provisions such as copayments, coinsurance, allowable charge limitations, coordination of benefits, or provisions restricting coverage to services rendered by licensed, certified, or carrier-approved providers or facilities.
31 Del. C. § 4113 — Delaware Code / Title 31 / Chapter 41 / Subchapter II / Section 4113
§ Â
        4113. Exterior structure.
Status: in_force

(a) In general. — The exterior of a structure shall be maintained structurally sound and sanitary so as not to pose a threat to the health and safety of the occupants and so as to protect the occupants from the environment.

(b) Structural members. — All supporting structural members of all structures shall be maintained structurally sound, free of deterioration and capable of safely bearing the dead and live loads imposed upon them.

(c) Exterior surfaces (foundations, walls and roof). — Every foundation, exterior wall, roof and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition so as to exclude rats.

(d) Foundation walls. — All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads, plumb and free from open cracks and breaks, except as necessary to release excessive water pressure on the wall so as not to be detrimental to public safety and welfare.

(e) Exterior walls. — Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers and any other condition which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition or metal siding, shall be maintained weatherproof so as to prevent deterioration.

(f) Roofs. — The roof shall be structurally sound, tight and not have defects which might admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the building.

(g) Decorative features. — All cornices, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

(h) Signs, marquees and awnings. — All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair, shall be properly anchored so as to be kept in a safe and sound condition and shall be protected from the elements and against decay.

(i) Chimneys. — All chimneys, cooling towers, smokestacks and similar appurtenances shall be maintained structurally safe, sound and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay.

(j) Stairs and porches. — Every stair, porch, balcony and all appurtenances attached thereto shall be so maintained as to be safe to use and capable of supporting the loads to which it may be subjected and shall be maintained in sound condition and repair.

(k) Windows, doors and frames. — Every window, door and frame shall be maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible and to substantially exclude wind from entering the building.

(l) Weathertight. — Every window and exterior door shall be fitted reasonably in its frame and be weathertight. Weather stripping shall be used as necessary to exclude wind or rain from entering the dwelling or structure and shall be kept in sound condition and good repair.

(m) Glazing. — Every required window sash shall be fully supplied with glazing materials which securely hold in place window glass.

(n) Openable windows. — Every window, other than a fixed window, shall be capable of being opened and shall be held in position by window hardware.

(o) Door hardware. — Every exterior door, door hinge and door latch shall be maintained in good condition. Door locks in dwelling units shall be in good repair and capable of tightly securing the door.

(p) Basement and window hatchways. — Every basement or cellar hatchway or window shall be so maintained as to prevent the entrance of rats, rain and surface drainage into the structure.
31 Del. C. § 4507 — Delaware Code / Title 31 / Chapter 45 / Section 4507
§ Â
        4507. Board of commissioners; number; tenure of office; vacancies.
Status: in_force

When the governing body of a municipality adopts a resolution as provided in this chapter, it shall promptly notify the mayor of such adoption. If the resolution adopted is one approving the exercise of powers hereunder by a slum clearance and redevelopment authority, the mayor, by and with the advice and consent of the governing body, shall appoint a board of commissioners of the authority created for such municipality which shall consist of 5 commissioners, and when the governing body of a county adopts such a resolution, the body shall appoint a board of commissioners of the authority created for such county which shall consist of 5 commissioners. The commissioners who are first appointed pursuant to this chapter shall be designated to serve for terms of 1, 2, 3, 4 and 5 years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed as aforesaid for a term of office of 5 years, except that all vacancies shall be filled for the unexpired term.
31 Del. C. § 4708 — Delaware Code / Title 31 / Chapter 47 / Section 4708
§ Â
        4708. Powers.
Status: in_force

A land bank shall possess all powers necessary or appropriate to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to those herein otherwise granted:

(1) To adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business.

(2) To sue and be sued in its own name and plead and be interpleaded in all civil actions, including actions to clear title to property of the land bank.

(3) To adopt a seal and to alter the same at pleasure.

(4) To borrow from private lenders, from municipalities, from a county, from the State, or from federal government funds, as may be necessary, for the operation and work of the land bank.

(5) To borrow and issue bonds according to the provisions of this chapter.

(6) To procure insurance or guarantees from municipalities, counties, the State, or the federal government of the payments of any debts or parts thereof incurred by the land bank and to pay premiums in connection therewith.

(7) To enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercise of its powers, including intergovernmental agreements provided for in § 4705(b) of this title for the joint exercise of powers under this chapter.

(8) To make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the land bank.

(9) To procure insurance against losses in connection with the real property, assets, or activities of the land bank.

(10) To invest money of the land bank, at the discretion of the board of directors, in instruments, obligations, securities, or property determined proper by the board of directors, and name and use depositories for its money.

(11) To enter into contracts for the acquisition, management, collection of rent, leasing, or sale of real property of the land bank.

(12) To design, develop, construct, demolish, reconstruct, rehabilitate, renovate, relocate, and otherwise improve real property or rights or interests in real property.

(13) To fix, charge, and collect rents, fees, and charges for the use of real property of the land bank and for services provided by the land bank.

(14) To grant or acquire a license, easement, lease, or option with respect to real property of the land bank.

(15) To enter into partnership, joint ventures, and other collaborative relationships with foreclosing governmental units and other public and private entities for the ownership, management, development, and disposition of real property.

(16) To solicit and accept donations to support the objectives and purposes of the land bank.

(17) To do all other things necessary or convenient to achieve the objectives and purposes of the land bank or other laws that relate to the purposes and responsibility of the land bank.
31 Del. C. § 3005 — Delaware Code / Title 31 / Chapter 30 / Section 3005
§ Â
        3005. Special Administration Fund.
Status: in_force

(a) Creation. —

A special fund in the State Treasury, to be known as the Special Administration Fund of the Delaware Human and Civil Rights Commission and referred to as “the Fund” throughout this section, consists of:

(1) All civil penalties assessed and collected under Chapter 45 or 46 of Title 6.

(2) Costs, attorneys’ fees, and expenses awarded to the Commission under Chapter 45 or 46 of Title 6.

(3) All Community Development Block Grant moneys designated for the administration and enforcement of Chapter 46 of Title 6.

(4) All other moneys specifically designated for the Fund.

(5) All interest on or profits earned by the Fund.

(b) Administration. —

(1) All moneys collected under this section must be deposited or paid into the Fund, are continuously available to the Commission for expenditure in accordance with this section, do not lapse at any time, and may not be transferred to any other fund, except as provided in subsection (d) of this section. All moneys in the Fund must be prudently invested to the credit of the Fund, administered and disbursed in the same manner as is provided by law for other special funds in the State Treasury, and maintained in a separate ledger account on the books of the Secretary of Finance.

(2) All moneys in the Fund which are received from the federal government, or any of its agencies, or appropriated by this State for purposes described in this chapter or Chapters 45 or 46 of Title 6, may be expended solely for the proper and efficient administration of this chapter.

(3) The State Treasurer is the custodian of and liable on the State Treasurer’s official bond for the faithful performance of duties in connection with the Fund. Such liability on the official bond exists in addition to the liability on any separate bond which the State Treasurer may give. All sums recovered on any such official bond for losses sustained by the Fund must be deposited in the Fund.

(c) Use. —

The Commission may use moneys in the Fund for any of the following purposes:

(1) The payment of litigation expenses, costs, and attorneys’ fees in connection with the enforcement provisions of Chapters 45 and 46 of Title 6.

(2) The payment of the expenses of investigations conducted under Chapters 45 and 46 of Title 6, and this chapter.

(3) The payment of studies and surveys conducted under this chapter.

(d) Transfer. —

If the Commission determines that the money in the Fund is more than adequate to pay for all foreseeable needs for which this Fund is created, it may authorize the transfer money from the Fund to the General Fund in an amount the Commission deems proper.
31 Del. C. § 1002 — Delaware Code / Title 31 / Chapter 10 / Section 1002
§ Â
        1002. Definitions.
Status: in_force

When used in this chapter, the following words shall have the meaning herein defined. To the extent that the terms are not defined herein, the words are to have their commonly accepted meaning.

(1) “Department” shall mean the Department of Health and Social Services.

(2) “Facility” shall mean any facility required to be licensed under Chapters 10 and 11 of Title 16, including any such facility operated by or for the State.

(3) “Person” shall mean a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

(4) “Provider” shall mean a person who is enrolled and who renders goods or services for which payment is made, in whole or in part, under a public assistance program.

(5) “Public assistance program” shall mean the medical assistance program of the State.
31 Del. C. § 520 — Delaware Code / Title 31 / Chapter 5 / Section 520
§ Â
        520. Judicial review.
Status: in_force

Any applicant for or recipient of public assistance benefits under this chapter or Chapter 6 of this title against whom an administrative hearing decision has been decided may appeal such decision to the Superior Court if the decision would result in financial harm to the appellant. The appeal shall be filed within 30 days of the day of the final administrative decision. The appeal shall be on the record without a trial de novo. The Court shall decide all relevant questions and all other matters involved, and shall sustain any factual findings of the administrative hearing decision that are supported by substantial evidence on the record as a whole. The Court may remand the matter for further factual findings or other proceedings consistent with the Court’s order. The notice of appeal and all other matters regulating the appeal shall be in the form and according to the procedure as shall be provided by the rules of the Superior Court.
31 Del. C. § 4503 — Delaware Code / Title 31 / Chapter 45 / Section 4503
§ Â
        4503. Creation of slum clearance and redevelopment authority.
Status: in_force

There is created in each community (as defined in § 4501 of this title) a public body corporate and politic, to be known as the “slum clearance and redevelopment authority” of the community. Such authority shall not transact any business or exercise its powers under this chapter until or unless the governing body shall approve (by resolution, as provided in this chapter) the exercise in such community of the powers, functions and duties of an authority under this chapter. If it deems such action to be in the public interest, the governing body may, instead of such resolution, adopt a resolution approving the exercise of such powers, functions and duties by the community itself or by a housing authority, and in such event, the community or housing authority, as the case may be, shall be vested with all the powers, functions, rights, duties and privileges of a slum clearance and redevelopment authority under this chapter.
31 Del. C. § 908 — Delaware Code / Title 31 / Chapter 9 / Section 908
§ Â
        908. Cooperative arrangements with Employment Security Commission of Delaware, State Board of Vocational Education and State Department of Education.
Status: in_force

The Department of Public Welfare shall enter into cooperative arrangements with the Employment Security Commission of Delaware for the employment or occupational training of recipients performing work under this chapter, with the State Board of Vocational Education for the training or retraining of said recipients and assisting them in preparing for regular employment and with the State Department of Education for adult services in appropriate cases.
31 Del. C. § 4713 — Delaware Code / Title 31 / Chapter 47 / Section 4713
§ Â
        4713. Expedited quiet title proceedings.
Status: in_force

(a) As provided under § 6502 of Title 10, the land bank shall:

(1) Be authorized to file an action to quiet title as to any real property in which the land bank has standing to file such an action.

(2) Prior to the filing of an action to quiet title, the land bank shall conduct an examination of title to determine the identity of any and all persons and entities possessing a claim or interest in or to the real property. Service of the complaint to quiet title shall be provided to all such interested parties by all of the following methods:

a. Registered or certified mail to such identity and address as reasonably ascertainable by an inspection of public records.

b. In the case of occupied real property by registered or certified mail, addressed to “Occupant.”

c. By posting a copy of the notice on the real property.

d. By publication in a newspaper of general circulation in the geographic location in which the property is located.

e. Such other methods as the Court may order.

(b) As part of the complaint to quiet title, the land bank shall file an affidavit identifying all parties potentially having an interest in the real property, and the form of notice provided.

(c) If the land bank moves for expedited proceedings the Court shall schedule a hearing on the complaint within 90 days following filing of the complaint, and as to all matters upon which an answer was not filed by an interested party, the Court shall issue its final judgment within 120 days of the filing of the complaint.

(d) Notwithstanding Court of Chancery Rule 19, a land bank shall be authorized to join in a single complaint to quiet title to 1 or more parcels of real property.
31 Del. C. § 394 — Delaware Code / Title 31 / Chapter 3 / Subchapter VII / Section 394
§ Â
        394. Investigation of applications.
Status: in_force

Whenever the Division of Social Services receives notification of an application for aid, an investigation shall be made by a member of the child care consultant staff of the Division of Social Services, and a record shall be made of the circumstances in order to ascertain the eligibility of the applicant organization.
31 Del. C. § 107 — Delaware Code / Title 31 / Chapter 1 / Section 107
§ Â
        107. Rules and regulations.
Status: in_force

The Secretary shall promulgate rules and regulations for the interpretation of statutes or federal regulations governing programs of public assistance and other programs of the Department and such other rules or regulations as may be necessary for the proper conduct of the business of the Department. No rule or regulation adopted pursuant to the authority granted by this section shall extend, modify or conflict with any law of this State, or the reasonable implications thereof.
31 Del. C. § 5305 — Delaware Code / Title 31 / Chapter 53 / Section 5305
§ Â
        5305. Audit of accounts.
Status: in_force

The accounts of the School shall be audited by such accountant or agency of the State as is authorized to audit the accounts of any board, commission or department of the State. The treasurer of the School shall submit for inspection by the auditing agency all the books of account, vouchers and papers as will be necessary for the audits.
31 Del. C. § 3904 — Delaware Code / Title 31 / Chapter 39 / Section 3904
§ Â
        3904. Provision of protective services; costs.
Status: repealed

(a), (b) [Repealed.]

(c) Adult Protective Services shall do all of the following:

(1) Inform and educate the citizens of the State on the needs of alleged victims and the services available to them.

(2) Accept and process each referral on, or application from, an alleged victim.

(3) Conduct a home visit to each alleged victim, if necessary.

(4) Counsel an alleged victim to assist the alleged victim to accept needed services voluntarily.

(5) Refer an alleged victim to other agencies providing protective services, arrange for visits, and follow up to determine that the agencies delivered the needed protective services.

(6) Maintain case records and statistics.

(7) Contract with existing public or private agencies and professionals for the provision of protective services that the Department does not directly provide.

(8) Provide an alleged victim with temporary shelter, if needed, under § 3903(f) of this title.

(9) Provide emergency food, clothing, fuel allotments, and funds for an alleged victim, if needed.

(10) Arrange the development of a system, in cooperation with public or private agencies, to ensure that protective services required for an emergency are coordinated.

(d) (1) An alleged victim who voluntarily accepts protective services that Adult Protective Services or another agency of this State provides shall pay the costs of the services to the extent that the alleged victim is able from the alleged victim’s own resources, insurance programs, Medicare, Medicaid, or similar programs.

(2) If an alleged victim voluntarily accepts protective services and does not pay for the services despite having adequate resources to pay for them, the State may take action in the Court to obtain reimbursement, after making efforts to collect payment through other means.

(3) If protective services are provided under court order, the Court may authorize reasonable payment to the Department from the resources of the alleged victim, if the Department can prove to the satisfaction of the Court that payment may be made without endangering the welfare or interests of the alleged victim.

(4) To the extent that funds are available, the cost of protective services not paid from the resources of an alleged victim must be debited to Division of Services for Aging and Adults with Physical Disabilities’ budget.
31 Del. C. § 4717 — Delaware Code / Title 31 / Chapter 47 / Section 4717
§ Â
        4717. Conflicts of interest.
Status: in_force

(a) No member of the board or employee of a land bank shall acquire any interest, direct or indirect, in real property of the land bank, in any real property to be acquired by the land bank, or in any real property to be acquired from the land bank. No member of the board or employee of a land bank shall have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used by a land bank.

(b) Board members of any land bank shall provide, prior to appointment and annually after appointment, a report identifying all real property interests owned, directly or indirectly, by such board member or such board member’s immediate family, within the lank bank jurisdiction. The report shall be submitted to the foreclosing governmental unit and shall be made available to the public upon request.

(c) The board may adopt supplemental rules and regulations addressing potential conflicts of interest and ethical guidelines for members of the board and land bank employees.
31 Del. C. § 4313 — Delaware Code / Title 31 / Chapter 43 / Section 4313
§ Â
        4313. Projects subject to zoning regulations.
Status: in_force

All projects of an authority shall be subject to the comprehensive development plan, including the housing component thereof, planning, zoning, sanitary, and building laws, ordinances and regulations applicable to the locality in which the project is to be situated.
31 Del. C. § 1101 — Delaware Code / Title 31 / Chapter 11 / Section 1101
§ Â
        1101. Confidential character of public assistance records; penalties for violations.
Status: in_force

(a) The several departments, bureaus, commissions and agencies of the State may establish and enforce reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of such departments, bureaus, commissions and agencies. Wherever, under provisions of law, names and addresses of recipients of public assistance are furnished to or held by any other agency or department of government, such agency or department of government shall be required to adopt regulations necessary to prevent the publication of lists thereof or their use for purposes not directly connected with the administration of public assistance.

(b) It shall be unlawful for any person to solicit, receive or make use of, disclose, or authorize, knowingly permit, or participate in the use of any information relating to any person who has applied for or who receives Temporary Assistance for Needy Families, general assistance, food stamps, aid to the blind or medical assistance where such information is derived directly or indirectly from the communications or records of the agency administering such aid or assistance or is acquired in the course of the performance of official duties; provided, however, that such conduct shall not be unlawful:

(1) When engaged in for purposes directly connected with the administration of such aid and assistance;

(2) When engaged in for purposes directly connected with the administration of public social services;

(3) Where the person who has applied for or who receives such aid or assistance, or a person authorized to act for such person, consents to such conduct; or

(4) Where a court of competent jurisdiction orders such conduct after a finding that the need for such conduct outweighs any injury that such conduct may cause the applicant or recipient.

(c) Whoever violates subsection (b) of this section shall be fined not more than $500, or imprisoned not more than 6 months, or both.

(d) The provisions of this section shall be operative only to the extent permitted by federal law.
31 Del. C. § 4516 — Delaware Code / Title 31 / Chapter 45 / Section 4516
§ Â
        4516. Powers of an authority.
Status: in_force

An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others granted in this chapter:

(1) To sue and to be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from time to time amend and repeal bylaws, rules and regulations, not inconsistent with this chapter, to carry out the provisions of this chapter;

(2) To prepare or cause to be prepared and recommend redevelopment plans to the governing body of the community or communities within its area of operation and to undertake and carry out redevelopment projects within its area of operation;

(3) To arrange or contract for the furnishing or repair, by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with a redevelopment project; and (notwithstanding anything to the contrary contained in this chapter or any other provision of law), to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a redevelopment project, and to include in any contract let in connection with such a project, provisions to fulfill such of said conditions as it may deem reasonable and appropriate;

(4) Within its area of operation, to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, eminent domain or otherwise, any real or personal property or any interest therein, together with any improvements thereon, necessary or incidental to a redevelopment project; to hold, improve, clear or prepare for redevelopment any such property; to sell, lease, exchange, transfer, assign, subdivide, retain for its own use, mortgage, pledge, hypothecate or otherwise encumber or dispose of any real or personal property or any interest therein; to enter into contracts with redevelopers of property containing covenants, restrictions and conditions regarding the use of such property for residential, commercial, industrial, recreational purposes or for public purposes in accordance with the redevelopment plan and such other covenants, restrictions and conditions as the authority may deem necessary to a recurrence of slum or blighted areas or to effectuate the purposes of this chapter; to make any of the covenants, restrictions or conditions of the foregoing contracts covenants running with the land, and to provide appropriate remedies for any breach of any such covenants or conditions, including the right in the authority to terminate such contracts and any interest in the property created pursuant thereto; to borrow money and issue bonds and provide security for loans or bonds; to insure or provide for the insurance of any real or personal property or operation of the authority against any risks or hazards, including the power to pay premiums on any such insurance; and to enter into any contracts necessary to effectuate the purposes of this chapter. No statutory provision with respect to the acquisition, clearance or disposition of property by other public bodies shall restrict an authority or other public body exercising powers hereunder, in such functions, unless the General Assembly shall specifically so state;

(5) Within its area of operation, to enter into any building or property in any urban renewal area in order to make inspections, surveys, appraisals, soundings or test borings, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted;

(6) To invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to redeem its bonds at the redemption price established therein or to purchase its bonds at less than redemption price, all bonds so redeemed or purchased to be cancelled;

(7) To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance from the federal government, the State, county, municipality or other public body or from any sources, public or private, for the purposes of this chapter, to give such security as may be required and to enter into and carry out contracts in connection therewith; an authority, notwithstanding the provisions of any other law, may include in any contract for financial assistance with the federal government for a redevelopment project such conditions imposed pursuant to federal law as the authority may deem reasonable and appropriate and which are not inconsistent with the purposes of this chapter;

(8) Acting through 1 or more commissioners or other persons designated by the authority, to conduct examinations and investigations and to hear testimony and take proof under oath at public or private hearings on any matter material for its information; to administer oaths, and to issue commissions for the examination of witnesses who are outside of the State or unable to attend before the authority, or excused from attendance; to make available to appropriate agencies or public officials (including those charged with the duty of abating or requiring the correction of nuisances or like conditions or of demolishing unsafe or insanitary structures or eliminating slums or conditions of blight within its area of operation) its findings and recommendations with regard to any building or property where conditions exist which are dangerous to the public health, safety, morals or welfare;

(9) Within its area of operation, to make or have made all surveys, appraisals, studies and plans (but not including the preparation of a general plan for the community) necessary to the carrying out of the purposes of this chapter and to contract or cooperate with any and all persons or agencies, public or private, in the making and carrying out of such surveys, appraisals, studies and plans;

(10) To prepare plans and provide reasonable assistance for the relocation of families displaced from a redevelopment project area to permit the carrying out of the redevelopment project, to the extent essential for acquiring possession of and clearing such area or parts thereof;

(11) With the approval of the local government body:

a. Prior to approval of an urban renewal plan, or by approval of any modification of the plan, to acquire real property in an urban renewal area, demolish and remove any structures on the property, and pay all costs related to the acquisition, demolition, or removal, including any administrative or relocation expenses; and

b. To assume the responsibility to bear any loss that may arise as the result of the exercise of authority under this paragraph in the event that the real property is not made part of the urban renewal project;

(12) Within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes of this chapter, as amended, and to contract with any person, public or private, in making and carrying out such plans and to adopt or approve, modify and amend such plans, which plans may include, but are not limited to:

a. Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements,

b. Plans for the enforcement of state and local laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements, and

c. Appraisals, title searches, surveys, studies and other plans and work necessary to prepare for the undertaking of urban renewal projects and related activities; and to develop, test and report methods and techniques, and carry out demonstrations and activities for the prevention and the elimination of slums and urban blight, and to apply for, accept and utilize grants of funds from the federal government for such purposes;

(13) To engage in rehabilitation and conservation activities as defined in § 4501 of this title, as amended;

(14) To make such expenditures as may be necessary to carry out the purposes of this chapter; and to make expenditures from funds obtained from the federal government without regard to any other laws pertaining to the making and approval of appropriations and expenditures;

(15) To exercise all or any part or combination of powers herein granted.
31 Del. C. § 3003 — Delaware Code / Title 31 / Chapter 30 / Section 3003
§ Â
        3003. Responsibilities.
Status: in_force

The Commission is responsible for carrying out public information and education programs, preparing reports and recommendations, and making surveys and studies necessary for the performance of its duties under this chapter. The Commission may delegate 1 or more of its responsibilities under this section to the Division of Human and Civil Rights (“Division”), but the delegation must specifically state the responsibility the Division must undertake.
31 Del. C. § 3501 — Delaware Code / Title 31 / Chapter 35 / Section 3501
§ Â
        3501. Declaration of policy.
Status: in_force

(a) The General Assembly recognizes that supporting the elderly and adults with physical disabilities in a community setting is a priority for Delaware families. While it is an objective of the Division of Services for Aging and Adults with Physical Disabilities to provide services that help older people and adults with physical disabilities remain independent in their homes or in their community, assistance identifying and accessing these services is often needed.

(b) By establishing the Delaware Aging and Disability Resource Center, the General Assembly intends to assist Delaware families by providing a one-stop access point for long-term care services and support for the elderly and adults with physical disabilities in this State.
31 Del. C. § 2503 — Delaware Code / Title 31 / Chapter 25 / Section 2503
§ Â
        2503. Age limitation in contracts; power of Board to cancel contract and remove children.
Status: in_force

A contract under this chapter shall continue in force and the care, maintenance and education provided therein shall continue until such child who is blind attains the age of 8 years. The State Board of Education may, however, cancel such contract and remove such child who is blind from the institution or school if, in its judgment, such child who is blind does not improve in such a way as to warrant its continuing in the same, or extend the time if the progress of the child requires a longer stay.
31 Del. C. § 4073 — Delaware Code / Title 31 / Chapter 40 / Subchapter VII / Section 4073
§ Â
        4073. Limitations and conditions [For application of this section, see 84 Del. Laws, c. 352, Â 3].
Status: in_force

(a) The availability of DWH grants in any given year is subject to appropriation by the General Assembly.

(b) Except as otherwise provided in subsection (c) of this section, DSHA may not approve a DWH grant for a workforce housing unit that uses a federal low-income or state low-income housing tax credit.

(c) DSHA may approve a DWH grant for 1 or more workforce housing units in a multiple unit housing project so long as those workforce housing units do not utilize a federal low-income or state low-income housing tax credit.

(d) In addition to its other powers and responsibilities, DSHA is expressly authorized to establish any other limitations and conditions with respect to DWH grants as may be necessary or convenient to accomplish the purposes of this subchapter, including:

(1) Amending the minimum qualified workforce investment threshold, except that the minimum qualified workforce investment threshold must not be less than $25,000.

(2) Establishing caps or limits on DWH grants available to any qualified workforce housing investor, alone or in combination with other local, state, or federal incentives for any workforce housing unit including Delaware state historic preservation tax credits pursuant to Chapter 18 of Title 30.

(3) Establishing additional qualifying criteria with respect to residential uses or types of projects.

(4) Incentivizing particular types of uses or projects in 1 or more workforce housing units.

(5) Establishing such other limitations and conditions in 1 or more workforce housing units as DSHA may determine from time to time.

(e) DSHA may use part of the allocations made for the Delaware Workforce Housing Program towards the administration of the program.

(f) DSHA may establish or amend the foregoing limitations and conditions no more than once per year.
31 Del. C. § 5101 — Delaware Code / Title 31 / Chapter 51 / Section 5101
§ Â
        5101. Definitions.
Status: in_force

As used in this chapter:

(1) “Commitment” refers to the vesting of legal custody of juveniles in the custody of the Department of Services for Children, Youth and Their Families under the provisions of §§ 5106-5108 of this title.

(2) “Court” means any court of competent jurisdiction.

(3) “Department” means the Department of Services for Children, Youth and Their Families.

(4) “Detention” refers to the holding of a juvenile by the Department in the separate Detention Department provided for in § 5110 of this title.

(5) “Juvenile” means a minor.

(6) “Legal custody” denotes those rights and responsibilities associated with the day to day care of the juveniles. It includes the right to the care, custody and control of the juvenile. It includes the duty to provide food, clothing, shelter, education, ordinary medical care and to train and discipline. “Ordinary medical care” shall mean medical examination, medical treatment including surgical procedures and mental health treatment other than inpatient psychiatric hospitalization.
31 Del. C. § 533 — Delaware Code / Title 31 / Chapter 5 / Section 533
§ Â
        533. Medicaid reimbursement for school-based services.
Status: in_force

(a) By January 1, 2025, the Department of Health and Social Services shall apply to the Centers for Medicare and Medicaid Services for a state plan amendment that authorizes the State to provide for reimbursement for all medically-necessary behavioral health services provided in a school setting to all individuals enrolled in the program or the Delaware Children’s Health Insurance Program, regardless of whether the services are provided under an Individualized Educational Program or Individualized Family Service Plan.

(b) After the state plan amendment is approved, eligible services provided in a school setting by any school Medicaid allowable licensed or credentialed mental health provider shall be reimbursable.

(c) Local education agencies must use the funds reimbursed for school-based behavioral health services to support school-based behavioral health programs and services.

(d) Local education agencies must reinvest the funds reimbursed to support school-based behavioral health programs and services.

(e) Upon obtaining federal approval, the Department of Health and Social Services shall update its regulations and provider manuals to reflect the changes to the program and provide comprehensive and advanced training to local education agencies.

(f) The Department of Health and Social Services shall notify the Chief Clerk of the House and the Secretary of the Senate of the occurrence of the following:

(1) The submission of the state plan amendment to the Centers for Medicare and Medicaid Services.

(2) Receipt of approval for the state plan amendment.

(3) The submission of a cost allocation plan amendment following the approval of the state plan amendment.

(4) Receipt of approval of the cost allocation plan amendment.
31 Del. C. § 4314 — Delaware Code / Title 31 / Chapter 43 / Section 4314
§ Â
        4314. Issuance of evidences of indebtedness; rights of creditors.
Status: in_force

Subject to the restrictions set forth in this chapter, an authority may incur any indebtedness, issue any obligations and give any security therefor which it deems necessary or advisable in connection with any project undertaken by it under this chapter. Authorization for the issuance of bonds shall be made by resolution of the authority and the bonds shall be signed by any agent whom the authority designates.

The bonds, notes or other evidences of indebtedness executed by an authority shall not be a debt or charge against the State, county, municipality, or any subdivision or agency or instrumentality thereof other than the authority, and no individual liability shall attach for any lawful official act done by any commissioner, but a commissioner shall be liable for the commissioner’s own malfeasance. The rights of creditors of an authority shall be solely against such authority as a corporate body and shall be satisfied only out of property held by it in its corporate capacity, and the enforcement of such rights shall be subject to all the provisions of Part III of this title.
31 Del. C. § 5112 — Delaware Code / Title 31 / Chapter 51 / Section 5112
§ Â
        5112. Ferris School for Boys.
Status: in_force

The Ferris School for Boys, in New Castle County, a facility of the Division of Youth Rehabilitation Services of Delaware, shall be officially known as the Ferris School for Boys.
31 Del. C. § 4704 — Delaware Code / Title 31 / Chapter 47 / Section 4704
§ Â
        4704. Applicability of Delaware law.
Status: in_force

(a) This chapter shall apply only to any land bank created pursuant to this chapter.

(b) Chapters 94 and 95 of Title 29 shall not apply to any land bank created pursuant to this chapter.

(c) If any provision of this chapter conflicts with any other provisions of Delaware law, the provisions of this chapter shall prevail.
31 Del. C. § 4134 — Delaware Code / Title 31 / Chapter 41 / Subchapter III / Section 4134
§ Â
        4134. Violation of existing ordinance, code or regulation.
Status: in_force

This chapter shall not affect violations of any other ordinance, code or regulation of the State, county or municipality existing prior to July 12, 1985, and any such violation shall be governed and shall continue to be enforced to the full extent of the law under such ordinances, codes or regulations in effect at the time the violation was committed.
31 Del. C. § 1504 — Delaware Code / Title 31 / Chapter 15 / Section 1504
§ Â
        1504. Financing
Status: in_force

Within the limit of its appropriations, the Department may expend such portion of the moneys appropriated to it for expenditure by or apportioned to the State for operation of TANF as the Department deems necessary to make maximum advantage of the Program. The Department may also expend such moneys as are received from grants and contributions from individuals, corporations, trusts, foundations and the federal government for growth of the Program.

Not less than once a year, the Department shall review the cost-effectiveness of the Program and shall take necessary action to modify or suspend the Program to ensure the Program is a cost-effective use of the appropriations available to it for the TANF program.
31 Del. C. § 512 — Delaware Code / Title 31 / Chapter 5 / Section 512
§ Â
        512. Administration.
Status: repealed

The Department shall administer this chapter and in connection therewith shall:

(1) Establish rules and regulations to carry out the provisions of this chapter consistent with the intent as expressed in § 501 of this title, including, but not limited to, rules, regulations and standards as to eligibility for assistance, the nature, duration and extent of such assistance as well as sanctions for noncompliance with such rules, regulations and standards for eligibility for assistance;

(2) Cooperate with the federal Department of Health and Human Services or with any successor department or agency thereof, in any reasonable manner not contrary to law, as may be required to qualify for federal aid with respect to functions and programs coming within the purview of this chapter, shall make such reports to the Department of Health and Human Services in such form and containing such information as that Department may from time to time require, shall comply with such provisions as said agency may from time to time find necessary to assure the correctness and verification of such reports, and shall apply to the Department of Health and Human Services and other relevant federal departments for waivers of federal rules and regulations deemed to impede the achievement of the legislative intent expressed in § 501 of this title.

(3) Make periodic surveys of cost-of-living factors in relation to the needs of recipients of assistance and welfare services, in order that the standards for such assistance and welfare services remain reasonably sufficient and at the same time provide recipients with incentive to seek and maintain private sector work.

(4) Enter into agreements or understandings with appropriate public agencies in other states whereby any or all of the benefits of this chapter may be extended to Delaware residents living in other states or to residents of other states living in Delaware on a reciprocal basis. In this connection the Department may establish policies which waive or alter the residence requirements of § 505 of this title;

(5) Promulgate such rules and regulations as may be necessary to assure that its information concerning applicants and recipients is used or disclosed solely for purposes directly connected with the administration of assistance;

(6) Cooperate with the federal government in carrying out the purposes of any federal acts concerning public welfare and in other matters of mutual concern pertaining to public welfare, including the adoption of such methods of administration as are necessary for the efficient operation of the plan for such public assistance and welfare services; and

(7) Guarantee that assistance provided as medical care, including dental care, when paid to providers of such medical care is on a prompt basis, usually not later than 30 days from the report of services by a physician, pharmacist, or other professional health care provider, or 20 days from the report of services by a hospital or skilled nursing facility; provided, however, that should financial advances from the Department of Finance be necessary to carry out this chapter, they must be permitted upon the concurrence of the Secretary of the Department of Finance and the Secretary of the Department of Health and Social Services.

(8) Supplementary Security Income Program (Title XVI Social Security Act). — a. The Secretary of the Department of Health and Social Services, in carrying out the purposes of this title, may enter into agreements on behalf of the State with the Secretary of Health and Human Services or with other appropriate federal officials, under the Supplementary Security Income Program established by Title XVI of the Social Security Act [42 U.S.C. § 1381 et seq.], as amended, or under any other federal welfare or public assistance programs hereafter established, which are not contrary to or in conflict with the purposes of this title.

b. Notwithstanding any other provision of law, the Secretary of the Department of Health and Social Services is empowered to transfer funds, within the limits of appropriation by the General Assembly, to the Secretary of Health and Human Services or to other appropriate federal official, pursuant to any agreement referred to in paragraph a. of this subdivision or pursuant to any other federal welfare or public assistance programs hereafter established, which are not contrary to or in conflict with the purposes of this title.

(9), (10) [Repealed.]
31 Del. C. § 4203 — Delaware Code / Title 31 / Chapter 42 / Section 4203
§ Â
        4203. Dwelling unit no-step entry.
Status: in_force

(a) The dwelling unit may provide at least 1 primary no-step entry, valued at 8 points if it complies with the following:

(1) A door width and type that is 36 inches wide, at a minimum, with a standard pivot or hinged door;

(2) A maximum threshold height that is 1/2 inch beveled or 1/4 inch squared; and

(3) The no-step entry may be achieved through the addition of a permanent ramp on the outside of the dwelling unit when grading prevents reasonable no-step entry otherwise.

(b) A primary no-stop entry sheltered from weather with an overhang shall be valued at an additional 2 points.
31 Del. C. § 4118 — Delaware Code / Title 31 / Chapter 41 / Subchapter II / Section 4118
§ Â
        4118. Electrical facilities.
Status: in_force

(a) Outlets required. — Where there is electric service available to a structure, every habitable room of a dwelling unit and every guest room shall contain at least 2 separate and remote outlets, 1 of which may be a ceiling or wall type electric light fixture. In a kitchen, 3 separate and remote wall type electric convenience outlets or 2 such convenience outlets and 1 ceiling or wall type electric light fixture shall be provided. Every public hall, water closet compartment, bathroom, laundry room or furnace room shall contain at least 1 electric light fixture; in addition to the electric light fixture in every bathroom and laundry room, there shall be provided at least 1 electric outlet.

(b) Installation. — All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.

(c) Correction of defective system. — Where it is found, in the opinion of the code official, that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard.
31 Del. C. § 5201 — Delaware Code / Title 31 / Chapter 52 / Subchapter I / Section 5201
§ Â
        5201. Legislative findings and policy.
Status: in_force

(a) The General Assembly finds and declares:

(1) That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare and the health, morals and welfare of others; and

(2) That the cooperation of this State with other states is necessary to provide for the welfare and protection of juveniles and of the people of this State.

(b) It shall, therefore, be the policy of this State in adopting the Interstate Compact on Juveniles to cooperate fully with other states:

(1) In returning juveniles to such other states whenever their return is sought; and

(2) In accepting the return of juveniles whenever a juvenile residing in this State is found or apprehended in another state and in taking all measures to initiate proceedings for the return of such juveniles.
31 Del. C. § 2105 — Delaware Code / Title 31 / Chapter 21 / Section 2105
§ Â
        2105. Division expenditures.
Status: in_force

The Division may expend the sums of money it deems proper and necessary for effectuating the objects of this chapter. The sums of money may not in the aggregate in any 1 year exceed the sum of money appropriated to the Division for these purposes.
31 Del. C. § 3702 — Delaware Code / Title 31 / Chapter 37 / Section 3702
§ Â
        3702. Establishment.
Status: in_force

There is hereby established an Elderly Housing Counseling Program within the Division of Services for Aging and Adults with Physical Disabilities, Department of Health and Social Services.
31 Del. C. § 605 — Delaware Code / Title 31 / Chapter 6 / Subchapter I / Section 605
§ Â
        605. Eligibility for Food Stamp Program.
Status: in_force

Pursuant to the option granted the State by 21 U.S.C. § 862a(d)(1), an individual convicted under federal or state law of a felony involving possession, distribution or use of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for food stamp program benefits for such convictions.
31 Del. C. § 4302 — Delaware Code / Title 31 / Chapter 43 / Section 4302
§ Â
        4302. Legislative purpose.
Status: in_force

It is as a matter of legislative determination that, in order to promote and protect the health, safety, morals and welfare of the public, it is necessary in the public interest to provide for the creation of public corporate bodies to be known as housing authorities, and to confer upon and vest in such housing authorities all powers necessary or appropriate in order that they may engage in low-rent housing and slum clearance projects, and that the powers herein conferred upon the housing authorities, including the power to acquire property, to remove unsanitary or substandard conditions, to construct and operate housing accommodations and to borrow, expend and repay moneys for the purposes set forth in this chapter are public objects essential to the public interest.
31 Del. C. § 906 — Delaware Code / Title 31 / Chapter 9 / Section 906
§ Â
        906. Department to establish rules and regulations.
Status: in_force

The Department of Health and Social Services shall establish such rules and regulations as it deems necessary for the efficient administration of this title and the achievement of the legislative intent expressed in § 901 of this title and § 501 of this title.
31 Del. C. § 4301 — Delaware Code / Title 31 / Chapter 43 / Section 4301
§ Â
        4301. Definitions.
Status: in_force

As used in this chapter, unless a different meaning appears from the context:

(1) “Area” or “area of operation” means the county or part of the county in and with respect to which an authority shall be created.

(2) “Authority” or “housing authority” means a corporate body organized in accordance with the provisions of this chapter for the purposes, with the powers and subject to the restrictions set forth in this chapter.

(3) “Bureau” means the State Bureau of Housing.

(4) “Commissioner” means 1 of the members of an authority appointed in accordance with the provisions of this chapter.

(5) “Community facilities” includes lands, buildings and equipment for recreation or social assembly, for educational, health or welfare activities and other necessary utilities primarily for use and benefit of the occupants of housing accommodations to be constructed and operated under this chapter.

(6) “DSHA” means the Delaware State Housing Authority.

(7) “Government” includes the state and federal governments, and any subdivision, agency or instrumentality, corporate or otherwise, of either of them.

(8) “Housing project” or “project” means any work or undertaking:

a. To demolish, clear or remove buildings from any slum area acquired by the authority;

b. To provide decent safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment facilities, and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, community, health, recreational, welfare or other purposes; or

c. To accomplish a combination of the foregoing. The term “housing project” or “project” also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith; and the term shall include all other real and personal property and all tangible or intangible assets held or used in connection with the housing project.

(9) “Persons of low income” means persons or families who lack the amount of income which is necessary, as determined by the authority undertaking a project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding.

(10) “Slum” means any area where dwellings predominate which by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to safety, health and morals.
31 Del. C. § 4111 — Delaware Code / Title 31 / Chapter 41 / Subchapter II / Section 4111
§ Â
        4111. General provisions.
Status: in_force

This subchapter shall describe the minimum conditions of residential premises and buildings to be used for human occupancy. Every residential building or structure occupied by humans, except as exempted by §§ 4103 and 4105 of this title and its premises shall comply with the conditions and standards herein prescribed when a deviation from such conditions and standards poses an imminent threat to the health, safety and general welfare of the occupants and other persons. The code official may cause periodic inspections to be made of residential buildings and premises to secure compliance with these requirements.
31 Del. C. § 2801 — Delaware Code / Title 31 / Chapter 28 / Subchapter I / Section 2801
§ Â
        2801. Burial ground.
Status: in_force

The Secretary of the Department of Health and Social Services shall set aside and maintain a suitable area upon the premises of the Hospital for the burial of bodies in any case where it is incumbent on Kent County to bury a person found dead within the meaning of § 4714 of Title 29.
31 Del. C. § 5301 — Delaware Code / Title 31 / Chapter 53 / Section 5301
§ Â
        5301. Definitions.
Status: in_force

As used in this chapter:

(1) “Board” means the Board of Managers of the Woods Haven School for Girls.

(2) “School” means the Woods Haven School for Girls.
31 Del. C. § 513 — Delaware Code / Title 31 / Chapter 5 / Section 513
§ Â
        513. Assistance not assignable; exception.
Status: in_force

Assistance granted under this chapter shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment or other legal process or to the operation of any bankruptcy or insolvency law, with the exception that the State shall seek recoupment for overpayments. Such recoupment may not exceed an amount which will result in the assistance unit’s retaining from its combined aid, income and liquid resources, less than 90% of the amount payable under the State Plan to a family of the same composition with no other income. Recoupment must be made in accordance with applicable federal laws and regulations. The Department shall publish regulations establishing the recoupment rate at any time when there is a change.
31 Del. C. § 5403 — Delaware Code / Title 31 / Chapter 54 / Section 5403
§ Â
        5403. Compacts â Required contents.
Status: in_force

A compact entered into pursuant to the authority conferred by this chapter shall have the following content:

(1) A provision making it available for joinder by all states;

(2) A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of 1 year between the date of the notice and the effective date of the withdrawal;

(3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode;

(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and the state agency providing the adoption assistance;

(5) Such other provisions as may be appropriate to implement the proper administration of the compact.
31 Del. C. § 4404 — Delaware Code / Title 31 / Chapter 44 / Section 4404
§ Â
        4404. Custodianship procedures.
Status: in_force

(a) The Court shall appoint a custodian qualified to carry out the responsibilities of this chapter and such custodian may be the Delaware State Housing Authority, or its successor agency, by agreement of all parties of interest pursuant to subsection (b) of this section, or otherwise by order of the Court.

(b) (1) Upon its appointment, the custodian shall make within 15 days an independent finding and recommendation to the Court as to whether or not there is proper cause shown for the need for rent to be paid to it, and for the employment of a private contractor to correct the condition complained of in § 4400 of this title and found by the Court to exist.

(2) If the custodian makes such a finding and recommendation to the Court and the Court adopts the custodian’s recommendation, the custodian shall file a copy of the Court’s order with the recorder of deeds of the county where the property lies and it shall be a lien on that property where the violation complained of exists.

(3) Upon completion of the aforesaid contractual work and full payment to the contractor, the custodian shall file a certification of such with the Court and the recorder of deeds of the appropriate county, and this filing shall release the aforesaid lien.

(4) The custodian shall forthwith give notice to all lien-holders of record.

(5) If the custodian shall make a finding at such time or any other time that for any reason the appointment of the custodian may not be appropriate and/or is no longer necessary, it shall make application to the Court for discharge after notice to all interested parties and, if so ordered, shall make legal distribution of any funds in its possession, including the return of any security posted pursuant to this chapter.
31 Del. C. § 602 — Delaware Code / Title 31 / Chapter 6 / Subchapter I / Section 602
§ Â
        602. Federal responsibilities for food stamp program.
Status: in_force

The United States Department of Agriculture, through its Food and Nutrition Service, shall be responsible for:

(1) Program regulations and guidelines;

(2) Approval of grocer participation;

(3) Cost of printing and shipping coupons; and

(4) Partial cost of certification of program recipients.
31 Del. C. § 3503 — Delaware Code / Title 31 / Chapter 35 / Section 3503
§ Â
        3503. Responsibilities of the Delaware Aging and Disability Resource Center.
Status: in_force

The Elder Care Information and Support System shall have the following responsibilities:

(1) Develop a statewide information and support system for Delaware families who are caring for elders locally or providing long-distance care giving;

(2) Establish an Alzheimer’s Family Support Center to assist families confronting the devastation of Alzheimer’s disease;

(3) Network with the Delaware business community to encourage their active role in providing assistance to their own employees;

(4) Network with other states and national organizations, such as the Washington Business Group on Health, to provide additional assistance to Delaware families; and

(5) Engage in such other activities as shall be deemed beneficial to further assist Delaware families in meeting their elder care responsibilities.
31 Del. C. § 2702 — Delaware Code / Title 31 / Chapter 27 / Section 2702
§ Â
        2702. Assistance from other organizations.
Status: in_force

(a) The Department of Health and Social Services may call on appropriate agencies, departments and institutions of the State and other political subdivisions to provide it with advice, information, consultation and assistance.

(b) The Department of Health and Social Services may call on appropriate voluntary agencies and organizations for advice, information, consultation and assistance.
31 Del. C. § 5108 — Delaware Code / Title 31 / Chapter 51 / Section 5108
§ Â
        5108. Power to discharge or release.
Status: repealed

(a) Except as to a delinquent child committed for a mandatory period pursuant to § 1009(e) [repealed] of Title 10, the Department may at its discretion discharge finally any juvenile committed to its custody if the Department shall determine:

(1) Such discharge is in the best interests of the juvenile; and

(2) That the juvenile does not pose a probable threat to property or person; provided, that a certificate of discharge, setting forth grounds establishing compliance with these conditions of release, shall be provided 10 calendar days prior to the date of release to the Judge of Family Court who originally signed the commitment order, or, in such judge’s absence, to the Chief Judge of said Court.

(b) No person shall be retained in the legal custody of the Department beyond that person's 18th birthday; provided, however, that any delinquent child who is 17 years of age or older but less than 18 years of age who has been committed to the custody of the Department may remain in said custody for 1 full year; provided further, that any delinquent child who is committed to the custody of the Department for a mandatory period pursuant to § 1009(e) [repealed] of Title 10 shall be transferred into or retained in the custody of a facility established pursuant to § 6526 of Title 11 for youthful offenders upon reaching the age of 18 where the youthful offender shall remain until the completion of the mandatory period of custody; provided further, that any child who is charged with an act of delinquency prior to reaching 18 years but becomes 18 years of age prior to disposition on the charge may be committed to the custody of the Department until the child’s nineteenth birthday.

(c) No child committed to the custody of the Department under § 1009(e) [repealed] of Title 10 shall be released on pass or on extended leave for any purpose except in accordance with the procedure set forth in subsection (a) of this section. Upon receipt of notification that the Department intends to extend such privileges to a child so committed, the Court may deny, or may impose such reasonable terms and conditions as it deems necessary, upon said temporary release.
31 Del. C. § 521 — Delaware Code / Title 31 / Chapter 5 / Section 521
§ Â
        521. Emergency and disaster assistance.
Status: in_force

Funds appropriated to the Department of Health and Social Services, Division of Social Services, for “Emergency and Disaster Assistance” and used for special emergency needs of any welfare-receiving household (except those households specifically excluded by the regulations) shall not exceed a total of $1,200 for emergency shelter certified by the Department, $450 for mortgage or rent assistance, and $200 for other costs relating to self-sufficiency of the household for any 1 such household in the fiscal year ending June 30. Notwithstanding any other provision of law, the Director of the Office of Management and Budget is empowered to transfer, advance or allocate emergency funds, within the limits of the funds appropriated, to the Department of Health and Social Services for the purpose of administration of emergency assistance. Such transfer, advance or allocation shall not be apportioned by county and shall be allocated in the following manner:

(1) Twenty percent of the total emergency fund appropriation shall be allocated promptly in the first quarter of the state fiscal year;

(2) Twenty-five percent of the total emergency fund appropriation shall be allocated promptly in the second quarter of the state fiscal year;

(3) Thirty percent of the total emergency fund appropriation shall be allocated promptly in the third quarter of the state fiscal year; and

(4) Twenty-five percent of the total emergency fund appropriation shall be allocated promptly in the fourth quarter of the state fiscal year.
31 Del. C. § 601 — Delaware Code / Title 31 / Chapter 6 / Subchapter I / Section 601
§ Â
        601. Department of Health and Social Services responsible for administration of program.
Status: in_force

(a) The Department shall bear the responsibility of administering the food stamp program for the State in compliance with the provisions of the Federal Food Stamp Act of 1964 [7 U.S.C. §§ 2011 et seq.], as amended.

(b) The Secretary of the Department shall designate 1 staff member of the Secretary’s Department to be the food stamp program administrator.

(c) The designated food stamp administrator shall, within 30 days of the administrator’s appointment and after consultation with the United States Department of Agriculture, Food and Nutrition Service, submit a Delaware plan to the aforesaid United States Department for necessary approval. At the same time such plan shall be submitted to the sponsor, cosponsor and joint sponsors of this chapter, to the Secretary of the Department and to the Governor.

(d) The plan shall encompass the following areas:

(1) Statement of compliance with federal regulations;

(2) Proposed certification process;

(3) Proposed locations for food stamp distribution; and

(4) Explanation of all practices not mandated by federal regulations.
31 Del. C. § 4024 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4024
§ Â
        4024. Moneys as trust funds.
Status: in_force

All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or grants or other contributions from any person corporate or otherwise, or government, or as fees and revenues shall be deemed to be trust funds, to be held and applied solely as provided in this chapter. The issuing officer shall, in the resolution authorizing the issuance of bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds and the fees and revenues to be received, to any officer, agency, bank or trust company who shall act as trustee of such funds, and shall hold and apply the same to the purposes of this chapter, subject to such regulations as this chapter and such resolution or trust indenture may provide.
31 Del. C. § 111 — Delaware Code / Title 31 / Chapter 1 / Section 111
§ Â
        111. Financial participation.
Status: in_force

(a) The State Treasurer shall establish in the State Treasury a State Public Welfare Fund which shall include all funds made available for the purposes of this chapter or of Chapter 5 of this title by the State, the several counties, the federal government or any other source. Within this State Public Welfare Fund there shall be established such separate accounts as the State Treasurer and the State Auditor of Accounts may deem necessary or desirable.

(b) The State Treasurer shall pay from the State Public Welfare Fund the amounts requested by the Department for the purposes of this chapter or of Chapter 5 of this title; provided, that such amount requested is not in excess of the balance remaining in the State Public Welfare Fund plus authorized advances.

(c) All expenditures of the Department shall be paid by check drawn by the State Treasurer except as hereinafter provided. Such expenditures shall be made on the basis of prescribed invoice and payroll forms preapproved by designated officials of the Department; copies of such approved invoice and payroll forms to be transmitted to the Department of Finance for preaudit.

(d) Certain expenditures, due to the responsibilities of the Department, are of an emergency nature. Such expenditures shall be made by the Department over the signature of an authorized official from a revolving fund in an amount to be agreed on by the Department and the State Treasurer and which shall be drawn from the State Public Welfare Fund and be deposited in a fund of the State to the credit of the Department of Public Welfare.
31 Del. C. § 114 — Delaware Code / Title 31 / Chapter 1 / Section 114
§ Â
        114. Recovery of public assistance overpayments.
Status: in_force

(a) Any assistance paid to or in behalf of any person under Temporary Assistance for Needy Families, General Assistance, Food Benefits and Medicaid programs in excess of that to which the person is entitled under the program or programs shall be recoverable by the Department of Health and Social Services (the Department) for the State in a civil action against such person or the person’s estate in any court of competent jurisdiction.

(b) Any judgment entered for the Department in an action brought under this section shall include an award for the court costs of the action. That portion of the judgment that constitutes the court costs of the action shall be remitted by the Department to the State Treasurer.

(c) The Department shall not be required to pay the filing fee or other costs of an action brought under this section and shall not be required to pay fees of any nature or to file a bond or other security of any nature in connection with such action or with proceedings supplementary thereto or as a condition precedent to the availability to the Department of any process in aid of such action or proceedings.

(d) Any judgment entered in any court of competent jurisdiction for the Department pursuant to a confession of judgment regarding any assistance paid to or in behalf of any person under the Temporary Assistance for Needy Families, General Assistance, Food Benefits and Medicaid programs in excess of that to which the person is entitled under the program or programs or regarding any amount of money due under an agreement relating to any assistance paid to or in behalf of any person under the Temporary Assistance for Needy Families, General Assistance, Food Benefits and Medicaid programs in excess of that to which the person is entitled under the program or programs shall include an award for the court costs of such judgment. That portion of such judgment that constitutes the court costs of such judgment shall be remitted by the Department to the State Treasurer.

(e) The Department shall not be required to pay the filing fee or other costs related to any procedure to obtain judgment in any court of competent jurisdiction pursuant to a confession of judgment governed by subsection (d) of this section and shall not be required to pay fees of any nature or to file a bond or other security of any nature in connection with any such procedure.
31 Del. C. § 4321 — Delaware Code / Title 31 / Chapter 43 / Section 4321
§ Â
        4321. Authority to invest in bonds or other obligations of housing authorities.
Status: in_force

The State and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, 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, guardians, 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 a housing authority established pursuant to this chapter or issued by any public housing authority or agency in the United States, when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government, or any agency thereof, and such bonds and other obligations shall be authorized security for all public deposits and fully negotiable in this State. It is the purpose of this section to authorize any persons, firms corporations, associations, political subdivisions, bodies and officers, public or private, to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations and that such bonds or other obligations shall be security for public deposits and negotiable in this State. Nothing contained in this section shall be construed as relieving any person, firm or corporation from any duty of exercising reasonable care in selecting securities.
31 Del. C. § 4519 — Delaware Code / Title 31 / Chapter 45 / Section 4519
§ Â
        4519. General plan prior to recommendation of redevelopment plan.
Status: in_force

An authority shall not recommend a redevelopment plan to the governing body of the community in which the redevelopment project area is located until a general plan for the development of the community has been prepared.
31 Del. C. § 2111 — Delaware Code / Title 31 / Chapter 21 / Section 2111
§ Â
        2111. Payments for vocational rehabilitation.
Status: in_force

(a) The Division is the authorized agency for vocational rehabilitation of a person with blindness or a person with visual impairment. The Division may pay for training, maintenance, or physical restoration of a person with blindness or a person with visual impairment, and whom the Division finds is eligible for vocational rehabilitation.

(b) On receiving an appropriate voucher, the State Treasurer shall make a payment authorized under this section.
31 Del. C. § 613 — Delaware Code / Title 31 / Chapter 6 / Subchapter II / Section 613
§ Â
        613. Establishment of a State Law Enforcement Bureau (SLEB).
Status: in_force

(a) The Department is designated as the State Law Enforcement Bureau (SLEB) for the purpose of coordinating food stamp trafficking interdiction activity in Delaware within the meaning of the United States Department of Agriculture (USDA), Food and Nutrition Service’s (FNS) Regulations and Delaware’s Food Stamp Trafficking Control Act.

(b) The Department shall delegate its responsibilities pursuant to subsection (a) of this section to the Department’s Audit and Recovery Management Services (ARMS), and its successors.

(c) The Department’s Audit and Recovery Management Services (ARMS), and its successors, are hereby declared a Criminal Justice Agency within the meaning of § 8602(10) of Title 11 for the sole purpose of accessing any and all criminal history records and files maintained by the State and any subdivision thereof.
31 Del. C. § 3901 — Delaware Code / Title 31 / Chapter 39 / Section 3901
§ Â
        3901. Legislative intent.
Status: in_force

The General Assembly recognizes that many adult citizens of this State are subject to psychological or physical injury or exploitation because of physical or mental disability, impairment, illness or condition, or other causes which render them incapable of providing for their basic daily living needs. The General Assembly, therefore, intends through this chapter to establish a system of services for impaired or incapacitated adults designed to protect their health, safety, and welfare. The intent is to authorize only the least possible restrictions on the exercise of personal and civil rights, and that restrictions are permitted only when consistent with proven need for services.
31 Del. C. § 518 — Delaware Code / Title 31 / Chapter 5 / Section 518
§ Â
        518. Failure to comply with job placement, education, training, work eligibility, parenting or personal responsibility requirements
Status: in_force

The Department of Health and Social Services may issue and implement rules and regulations establishing sanctions for families receiving Temporary Assistance for Needy Families who fail to comply with work, education, training, work eligibility, parenting or personal responsibility requirements established by the Department pursuant to § 512(1) of this title. Such sanctions may, among other things, reduce assistance to such a family and may include, for a family who has failed to comply with job placement, education, training or work eligibility requirements under the Temporary Assistance for Needy Families program. The Department shall afford recipients due process as provided under applicable rules and regulations prior to the implementation of any such sanctions.
31 Del. C. § 308 — Delaware Code / Title 31 / Chapter 3 / Subchapter I / Section 308
§ Â
        308. Vaccinations.
Status: in_force

Every person who is unable to pay for vaccination and every child whose parents or guardians are unable to pay for the same, not residing in the City of Wilmington, may be vaccinated by any physician or physicians who may be designated for that purpose by the Division of Child Protective Services.

For each person or child so vaccinated, the physician or physicians shall be paid by the Division of Child Protective Services the sum of 50 cents.

Every such physician shall give a certificate of vaccination to the person or child so applying.
31 Del. C. § 4041 — Delaware Code / Title 31 / Chapter 40 / Subchapter IV / Section 4041
§ Â
        4041. Investigative powers; power to compel assistance of witnesses and production of books.
Status: in_force

(a) The Council may investigate the affairs of housing authorities and all urban renewal and rehabilitation activities by municipal, county and regional agencies and authorities and the dealings, transactions or relationships of such authorities with other persons. The Council may act through a committee of its members in conducting any of the investigations provided for in this chapter and the chairperson of any such committee shall have all the powers of the Council. Each member of the Council may administer oaths, take affidavits and make personal inspections of all places to which that member’s duties relate. The Council may subpoena and require the attendance of witnesses and the production of books and papers pertaining to the investigations and inquiries authorized in this chapter and examine them in relation to any matter it has power to investigate and issue commissions for the examination of witnesses who are out of the State or unable to attend before the Council or are excused from attendance.

(b) The Council may hold hearings at such places and at such times as shall be determined by the Council to hear complaints on housing by any aggrieved person as contemplated by this chapter. The procedure outlined in subsection (a) of this section shall apply to such hearings. Written reports shall be rendered in all cases to the Housing Director within 10 days after such hearing. The notice of complaint by any aggrieved person shall be in writing stating the nature thereof and may be made to any member of the Council.

(c) Upon the failure of any person to comply with a subpoena duly issued by the Council, the Council may seek an order from the Superior Court of the county in which the person subpoenaed resides, has a place of business or can be found, to show cause why that person should not be held in contempt for failure to comply with the subpoena.
31 Del. C. § 1008 — Delaware Code / Title 31 / Chapter 10 / Section 1008
§ Â
        1008. Civil assessments.
Status: in_force

(a) Any provider who violates this chapter, in addition to any other penalties provided by law, shall be liable for the following civil penalties:

(1) Payment of an amount equal to 3 times the amount of excess payments; and

(2) Payment of a civil penalty of up to the sum of $2,000 for each deceptive claim or falsification; and

(3) All reasonable expenses which the court determines may have been incurred by the State in the enforcement of this section.

(b) No criminal action or indictment need be brought against any provider as a condition for establishing civil liability hereunder.

(c) Any provider, who, without intent to violate this chapter, obtains benefits or payments in excess of the amount to which the provider is entitled, shall be liable for the payment of a civil assessment as provided in subsection (a) of this section which may be sought and recovered in an administrative proceeding by the Department to which the claim was submitted, or by the Attorney General.
31 Del. C. § 4003 — Delaware Code / Title 31 / Chapter 40 / Subchapter I / Section 4003
§ Â
        4003. Housing Director.
Status: in_force

The administrator and head of DSHA shall be the Housing Director as provided in Chapter 86 of Title 29.
31 Del. C. § 4540 — Delaware Code / Title 31 / Chapter 45 / Section 4540
§ Â
        4540. Title of purchaser.
Status: in_force

Any instrument executed by an authority and purporting to convey any right, title or interest in any property under this chapter shall be conclusive evidence of compliance with this chapter insofar as title or other interest of any bona fide purchasers, lessees or transferees of such property is concerned.
31 Del. C. § 4050 — Delaware Code / Title 31 / Chapter 40 / Subchapter V / Section 4050
§ Â
        4050. Delaware Housing Insurance Fund.
Status: in_force

The Delaware Home Improvement Insurance Fund is renamed the Delaware Housing Insurance Fund. DSHA may insure upon such terms as it may prescribe, any mortgage consistent with the purposes of this chapter. Fees shall be established for said insurance in an amount sufficient to cover administrative costs accrued for this program as well as payments made where defaults on mortgages cause losses to lenders. DSHA, with approval of the Secretary of Finance and the Council on Housing, may borrow from the Delaware Housing Insurance Fund for any lawful purpose with respect to any housing program or financing with respect thereof.
31 Del. C. § 2822 — Delaware Code / Title 31 / Chapter 28 / Subchapter II / Section 2822
§ Â
        2822. Requirements for admittance to the Hospital.
Status: in_force

There shall be 2 different sets of admission requirements to the Hospital, 1 for persons applying under Title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.] and another for those not applying under Title XIX:

(1) An applicant under Title XIX may be temporarily admitted to the Hospital, on the written order of any member of the Board, in the interim between meetings, of the Board or by order of the Board, when in session, upon presentation to the member of the Board or to the Board as a whole of a statement in writing setting forth the facts describing such person’s case, which shall be attested by 2 credible witnesses and verified under oath. In every such case the Board shall cause diligent inquiry to be made into all the facts and circumstances in the applicant’s case and, upon ascertainment that the statement submitted is just and true, may make such further order respecting such person as the facts and circumstances may warrant.

(2) Any other person having been a resident in this State for a continuous period of 1 year, who has been unable to obtain employment or is unable to work, who has no property and income sufficient to provide the necessities of life, who has no permanent place of abode and no relatives or friends to care for such person, may be admitted for the time being to the Hospital, on the written order of any member of the Board in the interim between meetings of the Board or by order of the Board when in session, upon presentation, to the member of the Board or to the Board as a whole, of a statement in writing setting forth the facts in such person’s case, attested by 2 credible witnesses and verified under oath. In every such case, the Board shall cause diligent inquiry to be made into all the facts and circumstances of such person’s case and, upon ascertainment that the statement submitted is just and true, may make such further order respecting such person as the facts and circumstances may warrant.
31 Del. C. § 4131 — Delaware Code / Title 31 / Chapter 41 / Subchapter III / Section 4131
§ Â
        4131. Violations.
Status: in_force

(a) Unlawful acts. — It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, use or occupy any structure or equipment regulated by this chapter, or cause same to be done, contrary to or in conflict with or in violation of this chapter.

(b) Penalty for violation; jurisdiction. — Any person who shall violate this chapter or who fails to comply with any notice or order issued by a code official pursuant to this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 nor more than $1,000 or imprisoned for a term not to exceed 30 days, or both. Each day of a separate and continuing violation shall be deemed a separate offense under this section. The Justice of the Peace Court in the county in which the property is located shall have exclusive jurisdiction over offenses prosecuted under this chapter.

(c) Prosecution. — In the event any violation order is not promptly complied with, a code official with constable powers pursuant to § 2901 of Title 10, may issue a citation, and in cases involving first offenders of this Code, may assess a fine of $100 or, in the alternative, may direct that the owner or occupant appear in the court of law having jurisdiction over the alleged violation. In those jurisdictions in which the code officials do not have constable powers, the code official may institute an action in the appropriate court, or may request the city solicitor or community attorney-at-law to institute such action to seek the penalties provided in subsection (b) of this section.
31 Del. C. § 4306 — Delaware Code / Title 31 / Chapter 43 / Section 4306
§ Â
        4306. Organization by commissioners; quorum; employment of assistants.
Status: in_force

As soon as possible after the creation of an authority, the commissioners shall organize for the transaction of business by choosing from among their number a chairperson and vice-chairperson and by adopting bylaws and rules and regulations suitable to the purposes of this chapter. Three commissioners shall constitute a quorum for the purpose of organizing the authority and conducting the business thereof. The commissioners shall, from time to time, select and appoint such officers and employees, including a director to be ex officio secretary, and engineering, architectural and legal assistants, as they may require for the performance of their duties, and shall prescribe the duties and compensation of each officer and employee.
31 Del. C. § 5226 — Delaware Code / Title 31 / Chapter 52 / Subchapter III / Section 5226
§ Â
        5226. Receipt of federal funds.
Status: in_force

The designated Juvenile Compact administrator is authorized to cooperate with the federal government and to receive any federal funds which may be allocated for the purpose of improving the State’s services to those juveniles affected by this Compact.
31 Del. C. § 4312 — Delaware Code / Title 31 / Chapter 43 / Section 4312
§ Â
        4312. Property as public property.
Status: in_force

All property, both real and personal, acquired, owned, leased, rented or operated by an authority is deemed public property for public use.
31 Del. C. § 1006 — Delaware Code / Title 31 / Chapter 10 / Section 1006
§ Â
        1006. Conversion of payment.
Status: in_force

It shall be unlawful for any provider to convert any benefit or payment received from any public assistance program for use other than the use and benefit for the person named in the application for assistance.
31 Del. C. § 536 — Delaware Code / Title 31 / Chapter 5 / Section 536
§ Â
        536. Mammogram referrals.
Status: in_force

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

(b) Carriers shall provide coverage for an annual mammogram for the purpose of early detection for a woman 40 years of age or older, with or without referral from the woman’s health-care provider.
31 Del. C. § 4718 — Delaware Code / Title 31 / Chapter 47 / Section 4718
§ Â
        4718. Construction, intent, and scope of chapter.
Status: in_force

This chapter shall be construed liberally to effectuate the legislative intent and purposes and all powers granted by this chapter shall be broadly interpreted to effectuate such intent and purposes. Except as otherwise expressly set forth in this chapter, in the exercise of its powers and duties under this chapter and its powers relating to property held by the land bank, the land bank shall not be subject to restrictions imposed by the charter, ordinances, or resolutions of a foreclosing governmental unit with respect to contracts, procurement, or property disposition.
31 Del. C. § 522 — Delaware Code / Title 31 / Chapter 5 / Section 522
§ Â
        522. Medical care; subrogation.
Status: in_force

(a) Subrogation is defined as the doctrine of law which enables insurers to recover payments from any third party who is responsible for an injury. In any claim for benefits by a recipient who receives medical care under this title, where the recipient has a cause of action against any other person, the Department of Health and Social Services shall be subrogated against (substituted for) the recipient to the extent of any payment made by the Department of Health and Social Services on behalf of the recipient receiving medical care, resulting from the occurrence which constituted the basis for the action against the other person.

(b) After the deduction of applicable attorney fees and litigation costs, any funds received by an individual who has received medical care under this title, the individual’s attorney or the individual’s guardian or personal representative, by means of judgment, award or settlement of the cause of action, shall be held for the benefit of the Department of Health and Social Services to the extent indicated in subsection (a) of this section.

(c) If, after being notified in writing of a subrogation claim and possible liability under this section, a recipient receiving medical care under this title, recipient’s attorney or recipient’s guardian or personal representative disposes of funds that are required to be held for the benefit of the Department under this section without the written approval of the Department, that recipient shall be liable to the Department for any amount that, as a result of the disposition of the funds, is not recoverable by the Department.

(d) The Department may compromise, settle and release a subrogated claim if the Department determines that collection would result in substantial hardship on the recipient receiving medical care or, in a wrongful death action, on the surviving dependents of the deceased.
31 Del. C. § 115 — Delaware Code / Title 31 / Chapter 1 / Section 115
§ Â
        115. Subpoena authority.
Status: in_force

(a) In addition to the other powers of the Secretary of the Department of Health and Social Services, the Secretary or the Secretary’s designee shall, for purposes related to welfare fraud investigations and welfare overpayment investigations, have the power to administer oaths, subpoena witnesses and compel the production of books, papers, documents or other tangible things. Any person who shall fail to appear in response to a subpoena or to answer any question or produce any books, papers, documents or other tangible things relevant to any such investigations may be compelled to do so by order of the Superior Court.

(b) Service of a subpoena issued under this section shall be made by any sheriff, any deputy sheriff, any constable or any employee of the Department of Health and Social Services by delivering a copy of the subpoena to the person to whom it is addressed or by leaving a copy of the subpoena at the person’s usual place of abode with a person of suitable age and discretion residing therein. Any fee that the State, or any county or municipality of the State, might otherwise charge for the service of a subpoena shall be waived for the service of a subpoena under this section.

(c) Neither the Secretary of the Department of Health and Social Services nor the Secretary’s designee shall be charged any court costs or fees associated with an order of the Superior Court under subsection (a) of this section.

(d) A subpoena issued under subsection (a) of this section shall be effective throughout this State.
31 Del. C. § 4513 — Delaware Code / Title 31 / Chapter 45 / Section 4513
§ Â
        4513. Removal; hearing; filing of proceedings in office of municipal or county clerkâs office.
Status: in_force

For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the official or public body which appointed such commissioner, but a commissioner shall be removed only after a hearing and after the commissioner shall have been given a copy of the charges at least 10 days prior to such hearing and have had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the municipal or county clerk, as the case may be.
31 Del. C. § 4701 — Delaware Code / Title 31 / Chapter 47 / Section 4701
§ Â
        4701. Short title.
Status: in_force

This chapter shall be known and may be cited as the “Delaware Neighborhood Conservation and Land Banking Act.”
31 Del. C. § 4532 — Delaware Code / Title 31 / Chapter 45 / Section 4532
§ Â
        4532. Rights of obligees.
Status: in_force

An obligee of an authority may, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:

(1) By mandamus, suit, action or proceeding at law or in equity compel such authority and the commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of such authority with or for the benefit of such obligee and require the carrying out of any or all such covenants and agreements of such authority and the fulfillment of all duties imposed upon such authority by this chapter;

(2) By suit, action or proceeding in equity, enjoin any acts or things which may be unlawful or the violation of any of the rights of such obligee of such authority.
31 Del. C. § 4110 — Delaware Code / Title 31 / Chapter 41 / Subchapter I / Section 4110
§ Â
        4110. Coordination of enforcement.
Status: in_force

Inspection of premises and the issuing of orders in connection therewith under this chapter shall be the exclusive responsibility of the code official. When, in the opinion of the code official, it is necessary or desirable to have inspections of any conditions by any other community or state agency, the code official shall arrange for this to be done in such a manner that the owners or occupants of the dwelling shall not be subjected to visits by numerous inspectors nor to multiple or conflicting orders. No order for correction of any violation under this section, when coordination of enforcement is required, shall be issued without the approval of the code official and, before issuing any such order, the code official shall obtain the concurrence of any other department or agency having jurisdiction thereover.
31 Del. C. § 4319 — Delaware Code / Title 31 / Chapter 43 / Section 4319
§ Â
        4319. Exemption from execution sale.
Status: in_force

All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against an authority be a charge or lien upon its real property. This section shall not apply to or limit the right of bondholders or other obligees of an authority to pursue any remedies for the enforcement of any pledge or lien given to them on its rents, fees or revenues or any mortgage of or agreement to sell a project given as security for any bonds or other obligations of the authority.
31 Del. C. § 4406 — Delaware Code / Title 31 / Chapter 44 / Section 4406
§ Â
        4406. Discharge of custodian; costs.
Status: in_force

(a) In addition to those situations described in § 4404 of this title, the custodian may also be discharged when:

(1) The condition or conditions alleged in the petition have been remedied;

(2) The property materially complies with all applicable provisions of any state or local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the surrounding grounds;

(3) The costs of the above work and any other costs as authorized herein have been paid or reimbursed from the rents and profits of the property; and

(4) The surplus money, if any, has been paid over to the owner.

(b) Upon paragraphs (a)(1) and (2) of this section being satisfied, the owner, mortgagee or any lien or may apply for the discharge of the custodian after paying to the custodian all moneys expended by the custodian and all other costs which have not been paid or reimbursed from the rents and profits of the property.

(c) If the Court determines that future profits of the property will not cover the cost of satisfying paragraphs (a)(1) and (2) of this section, the Court may discharge the custodian and order such action as would be appropriate in the situation, including but not limited to terminating the rental agreement; and may order the vacation of the development within a specified time.
31 Del. C. § 535 — Delaware Code / Title 31 / Chapter 5 / Section 535
§ Â
        535. Services related to termination of pregnancy.
Status: in_force

(a) Carriers shall cover services related to the termination of pregnancy up to a maximum of $750 per covered individual per year in all health benefit plans delivered or issued for delivery under § 505(3) of this title.

(b) Coverage provided under this section may not be subject to any deductible, coinsurance, copayment, or any other cost-sharing requirement up to the $750 maximum.

(c) A carrier must provide coverage for the full scope of services permissible under the law.

(d) Coverage provided under this section may not require a referral or prior authorization as a condition of coverage.

(e) If a policy or contract limits an insured’s access to a network of participating providers for other health-care services, then it may limit access for services related to termination of pregnancy, but the policy or contract must include in all its provider networks a sufficient number of providers of termination of pregnancy services to accommodate the direct access needs of their enrollees.

(f) Coverage provided under this section must be funded by Delaware state resources if services are not eligible for federal funds. If federal funds are permitted to be used for services under this section, then federal funds must be used.
31 Del. C. § 2832 — Delaware Code / Title 31 / Chapter 28 / Subchapter III / Section 2832
§ Â
        2832. Financing of Hospital maintenance; other expenses.
Status: in_force

The cost of the operation and maintenance of the Hospital and the care and support of its inmates shall be paid by the State Treasurer.
31 Del. C. § 4505 — Delaware Code / Title 31 / Chapter 45 / Section 4505
§ Â
        4505. Regional slum clearance and redevelopment authority.
Status: in_force

If the governing body of each of 2 or more communities declares, by resolution, that there is a need for 1 slum clearance and redevelopment authority to be created for all of such communities, and has made the findings required by § 4504 of this title, a public body, corporate and politic, to be known as a regional slum clearance and redevelopment authority (herein referred to as “regional authority” or “authority”) shall thereupon exist for all of such communities and may exercise the powers and other functions of an authority under this chapter in such communities.
31 Del. C. § 2104 — Delaware Code / Title 31 / Chapter 21 / Section 2104
§ Â
        2104. Acquisition and disposal of property; exemption of property from taxation.
Status: in_force

(a) The Division may do all of the following:

(1) Solicit, purchase, or otherwise acquire, hold, own, mortgage, sell, or assign real or personal property.

(2) Solicit, accept, or receive a private fund, bequest, legacy, or gift of property real or personal to be used for the education and training of persons with blindness or persons with visual impairment.

(3) In accordance with the directions of a party who devises or donates property under this section, the Division may do all of the following:

a. Hold, manage, or invest the property or collect and disburse the income or principal of the property.

b. Hold, own, sell, or dispose of the property and reinvest the proceeds from the sale of the property or collect or disburse the income and principal from the property.

(b) If a party who devises or donates property under this section does not leave direction for the Division to follow under paragraph (a)(3) of this section, the Division shall accept, hold, manage, or dispose of the property or disburse the income of the property in a manner in which the Division deems best to promote the training of a person with blindness or a person with visual impairment.

(c) The property of the Division is exempt from taxation.
31 Del. C. § 4034 — Delaware Code / Title 31 / Chapter 40 / Subchapter III / Section 4034
§ Â
        4034. Procedure prior to financing of housing developments undertaken by housing sponsors.
Status: in_force

Notwithstanding any other provisions of this chapter, DSHA is not empowered to finance any housing development undertaken by a housing sponsor pursuant to §§ 4031, 4032 and 4033 of this title, unless prior to the financing of any housing development hereunder DSHA finds:

(1) That there exists a shortage of decent, safe and sanitary housing at rentals or prices which persons and families of low-income or moderate-income can afford within the general housing market area to be served by the proposed housing development;

(2) That private enterprise and investment have been unable, without assistance, to provide the needed decent, safe and sanitary housing at rentals or prices which persons or families of low- and moderate-income can afford or to provide sufficient mortgage financing for residential housing for occupancy by such persons or families;

(3) That the housing sponsor or limited-profit housing sponsor or sponsors undertaking the proposed housing development in this State will supply well-planned, well-designed housing for persons or families of low- and moderate-income and that such sponsors are financially responsible;

(4) That the housing development to be assisted pursuant to this chapter will be of public use and will provide a public benefit;

(5) That the housing development will be undertaken within the authority conferred by this chapter upon DSHA and the housing sponsor or sponsors.
31 Del. C. § 1508 — Delaware Code / Title 31 / Chapter 15 / Section 1508
§ Â
        1508. Sanctions for refusal to participate.
Status: in_force

Pursuant to its authority under §§ 512 and 518 of this title, the Department shall establish sanctions for participants who fail to comply with the requirements of the Program.
31 Del. C. § 5402 — Delaware Code / Title 31 / Chapter 54 / Section 5402
§ Â
        5402. Compacts â Authorized; definitions.
Status: in_force

(a) The Department of Services for Children, Youth and Their Families is authorized to develop, participate in the development of, negotiate and enter into 1 or more interstate compacts on behalf of this State with other states to implement 1 or more of the purposes set forth in this chapter. When so entered into, and for so long as it shall remain in force, such a compact shall have the force and effect of law.

(b) For the purposes of this chapter, the term “state” shall mean a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.

(c) For the purposes of this chapter, the term “adoption assistance state” means the state that is signatory to an adoption assistance agreement in a particular case.

(d) For the purposes of this chapter, the term “residence state” means the state of which the child is a resident by virtue of the residence of the adoptive parents.
31 Del. C. § 1507 — Delaware Code / Title 31 / Chapter 15 / Section 1507
§ Â
        1507. Personal Advancement Account.
Status: in_force

(a) In accordance with rules adopted by the Department, each participant in the Program shall create a Personal Advancement Account in the participant’s name. The account may be held by the employer, by a bank, savings and loan association, or credit union, or by another suitable organization approved by the Secretary. The account may be designed to take advantage of any relevant federal or state tax exemption or tax deferral privileges. The account shall be the property of the participant but shall not be subject attachment for judgments arising from causes antedating the establishment of the account, other than obligations for child support.

(b) Beginning with the thirtieth day of each participant’s employment with an employer and ending 6 months thereafter, in addition to the participant’s wage as defined in § 1506 of this title and at the same time that such wages are paid, the employer shall pay into the participant’s Personal Advancement Account, $1.00 for each participant hour worked, less any required deductions for income tax withholding, FICA, and the Federal Unemployment Tax Act [26 U.S.C. § 3301 et seq.].

(c) During the period specified in subsection (b) of this section, the participant may make withdrawals from the Account, in accordance with rules adopted by the Department, for the following purposes:

(1) Tuition and charges for qualified education and training programs;

(2) Participation in a contributory benefit program offered by the employer, including but not limited to a medical savings account;

(3) The purchase of tools, vehicles or equipment necessary to start the participant’s business;

(4) The payment of medical expenses of the participant’s family, not covered by insurance;

(5) Other approved expenditures made in response to emergencies or severe hardships.

(d) At the end of period specified in subsection (b) of this section, any balance in the Account shall inure to the participant’s benefit.
31 Del. C. § 384 — Delaware Code / Title 31 / Chapter 3 / Subchapter VI / Section 384
§ Â
        384. âAppropriate authorityâ; Department of Services for Children, Youth and Their Families [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 paragraph (a) of Article V of this Compact, the phrase “appropriate authority in the receiving state” shall, with reference to this State, mean the Department of Services for Children, Youth and Their Families.
31 Del. C. § 4017 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4017
§ Â
        4017. Forms and terms of bonds; disposition of proceeds.
Status: in_force

(a) All bonds issued under the authority of this chapter shall be dated, shall bear interest at such rate or rates payable semiannually or at such other time or times as shall be determined by resolution of DSHA, and shall mature at such time or times and may be made redeemable before maturity at such times and at such price or prices and under such terms and conditions as may be fixed by the issuing officer prior to the issuance of the bonds. The principal of and the interest upon such bonds may be made payable in any lawful medium. The issuing officer shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denominations of the bonds. Both principal of and interest on the bonds shall be payable at such place or places as DSHA may designate.

(b) Bonds shall be signed by manual or facsimile signature of the Housing Director, and the seal of DSHA or a facsimile thereof shall be affixed thereto or imprinted thereon. In case any person whose signature or facsimile thereof shall appear on any bonds or coupons shall cease to be the Housing Director before the delivery of such bonds, such signature or facsimile shall, nevertheless, be valid for all purposes, the same as if the Housing Director had remained in office until delivery.

(c) All bonds issued under this chapter shall have and are declared to have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code.

(d) Such bonds and the income therefrom shall be exempt from all taxation by this State or by any political subdivision, agency or authority thereof.

(e) The bonds may be issued in coupon or registered form, or both, as the issuing officer may determine, and provision may be made for the registration of any coupon bond as to principal alone or as to both principal and interest and for the reconversion of any bonds registered both as to principal and interest into coupon bonds.

(f) The issuing officer may sell such bonds, either at public or private sale, in such manner and for such price as they may determine to be for the best interest of DSHA.

(g) The proceeds of such bonds, exclusive of accrued interest, shall be used solely for the purposes specified in the resolution of DSHA authorizing the issuance thereof or as set forth in the indenture securing their payment, which purposes may include redemption premiums, interest on bonds to be refunded to the redemption date or date of maturity thereof and all legal and other expenses of their issuance and shall be disbursed under such restrictions, if any, as said resolution or trust indenture may provide.

(h) The proceeds of such bonds shall at no time revert to the General Fund of the State Treasury but shall at all times be available to DSHA for the aforesaid purposes; provided however, that if the proceeds of the bonds of any issue shall exceed the amount required for the purpose or purposes for which such bonds are authorized to be issued, the surplus may be used for any purpose of DSHA authorized in this chapter or for the payment of the principal of or interest on its outstanding bonds.

(i) Prior to the preparation of definitive bonds, the issuing officer may issue temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. The issuing officer may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Such bonds may be issued without any other proceedings or conditions which are specified and required by this chapter.
31 Del. C. § 4715 — Delaware Code / Title 31 / Chapter 47 / Section 4715
§ Â
        4715. Public records and public meetings.
Status: in_force

(a) The board shall cause minutes and a record to be kept of all its proceedings. Except as otherwise provided in this section, the land bank shall be subject to the provisions of Chapter 100 of Title 29.

(b) A land bank shall schedule and hold a public hearing prior to financing or issuance of bonds.

(c) In addition to any other report required by this chapter, the land bank, through its chair, shall annually deliver a report to the foreclosing governmental unit. Such report shall be presented in the manner required by the governing body or board of the foreclosing governmental unit. The report shall describe in detail the projects undertaken by the land bank during the past year; the financial statements of the land bank during the past year, including a balance sheet and an income statement; and the administrative activities of the land bank during the past year.

(d) A land bank shall be required to maintain a publicly-available website, which shall set forth the inventory required in § 4709(d) of this title.
31 Del. C. § 534 — Delaware Code / Title 31 / Chapter 5 / Section 534
§ Â
        534. Coverage for allergenic protein dietary supplements [For application of this section, see 84 Del. Laws, c. 376, Â 5].
Status: in_force

(a) For purposes of this section:

(1) “Dietary supplement” means as defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 321.

(2) “Early egg allergen introduction dietary supplement” means a dietary supplement that is prescribed to an infant by a health-care practitioner and contains sufficient infant-safe, well-cooked egg protein to reduce the risk of food allergies.

(3) “Early peanut allergen introduction dietary supplement” means a dietary supplement that is prescribed to an infant by a health-care practitioner and contains sufficient infant-safe peanut protein to reduce the risk of food allergies.

(4) “Health-care practitioner” means an individual licensed and authorized to write medical orders for an individual under Title 24.

(5) “Infant” means a child who has not attained the age of 1 year.

(b) Carriers shall provide coverage at no cost in all health benefit plans delivered or issued for delivery under § 505(3) of this title for at least 1 of each of the following:

(1) An early egg allergen introduction dietary supplement.

(2) An early peanut allergen introduction dietary supplement.
31 Del. C. § 508 — Delaware Code / Title 31 / Chapter 5 / Section 508
§ Â
        508. Application for assistance.
Status: in_force

(a) Application for assistance shall be made to the appropriate county office of the Department. The application shall be in writing in the manner and form and giving such information as shall be required by the Department. An opportunity to file an application shall be given any person desiring to do so. The Department shall act on all applications and furnish aid to eligible persons with reasonable promptness.

(b) The information supplied by an applicant in an application for assistance shall be sworn to as being true and correct to the best of the applicant’s knowledge, and any employee of the Department accepting such application is hereby given the authority to administer an oath to the applicant in the manner prescribed in Chapter 53 of Title 10, that the information given is true and correct to the best of the knowledge of the applicant.
31 Del. C. § 907 — Delaware Code / Title 31 / Chapter 9 / Section 907
§ Â
        907. Workersâ compensation protection.
Status: in_force

All project workers will be covered under the State Workers’ Compensation Law with adequate protection through private insurance which provides for complete coverage for all workers on all projects, including disability by injury or occupational disease, prompt and complete medical care in case of accident or injury and adequate benefits for temporary or permanent disability and for survivors in case of death.
31 Del. C. § 2701 — Delaware Code / Title 31 / Chapter 27 / Section 2701
§ Â
        2701. Purposes.
Status: in_force

The purposes of the Department of Health and Social Services shall be to:

(1) Study and evaluate existing facilities and services for children and youth in this State;

(2) Determine unmet needs in services and facilities for children and youth in this State;

(3) Formulate plans and courses of action covering the unmet needs of children and youth;

(4) Make recommendations to the Governor, to the General Assembly and to governmental and voluntary agencies, organizations and institutions, on all matters affecting children and youth; and

(5) Study the findings and recommendations of the Mid-Century White House Conference on Children and Youth, and of the Delaware Committee thereof, and subsequent conferences, to stimulate interest in those findings and recommendations and to promote and encourage appropriate follow-up action on the part of governmental and voluntary agencies, organizations and institutions at state and local levels.
31 Del. C. § 4542 — Delaware Code / Title 31 / Chapter 45 / Section 4542
§ Â
        4542. Powers conferred as additional.
Status: in_force

The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law.
31 Del. C. § 4714 — Delaware Code / Title 31 / Chapter 47 / Section 4714
§ Â
        4714. Taxing and financing of land bank operations.
Status: in_force

(a) A land bank shall have no shareholders and may not be structured as a for-profit entity. A land bank may receive and retain payments for services rendered, for rents and leasehold payments received, for consideration for disposition of real and personal property, for proceeds of insurance coverage for losses incurred, for income from investments, and for any other asset and activity lawfully permitted to a land bank under this chapter. A reasonable operating reserve may be established to facilitate operations. However, all revenues received by a land bank in excess of expenses must be utilized to address and remediate blight, for neighborhood conservation, or to improve housing within the foreclosing governmental unit.

(b) The real property held by a land bank, and its income, are exempt from all taxation by the State and by any of its political subdivisions. Dispositions of property into or out of a land bank are exempt from realty transfer taxes.

(c) In creating a land bank, a foreclosing governmental unit may elect to dedicate up to 50% of the real property taxes that would inure to the foreclosing governmental unit following the disposition of real property by the land bank, excluding any amounts allocated to school districts, for remittance to the land bank. Such allocation of property tax revenues shall commence with the first taxable year following the date of disposition of the property by land bank and shall continue for a period of 5 years.

(d) Notwithstanding any law to the contrary, a foreclosing governmental unit creating a land bank may levy or impose such additional taxes, fees, assessments, fines, or penalties as are needed to support the operations of the land bank. Any tax, fee, assessment, fine, or penalty imposed by a foreclosing governmental unit pursuant to this subsection must be reauthorized by the foreclosing governmental unit every 5 years and appropriately adjusted so that the revenues from such tax, fee, assessment, fine, or penalty do not exceed the projected operating costs and expenses of the land bank. Any failure to reauthorize such tax, fee, assessment, fine, or penalty shall be deemed an election by the foreclosing governmental unit to cease imposing or levying such tax, fee, assessment, fine, or penalty at the end of the applicable 5-year period.

(e) The Delaware Auditor of Accounts shall have the authority to audit any land bank created pursuant to this chapter.
31 Del. C. § 526 — Delaware Code / Title 31 / Chapter 5 / Section 526
§ Â
        526. Insurance coverage for contraceptive methods for recipients of aid under Â 505(3) of this title.
Status: in_force

(a) For purposes of this section:

(1) “FDA” means the Food and Drug Administration.

(2) “Therapeutic equivalent” means a contraceptive drug, device, or product that meets all of the following:

a. Approved as safe and effective.

b. Pharmaceutically equivalent to another contraceptive drug, device or product in that it contains an identical amount of the same active drug ingredient in the same dosage form and route of administration and meets compendial or other applicable standards of strength, quality, purity, and identity.

c. Assigned, by the FDA, the same therapeutic equivalence code as another contraceptive drug, device, or product.

(b) Carriers shall provide coverage for contraceptive methods in all health benefit plans delivered or issued for delivery under § 505(3) of this title. Coverage for contraceptive methods must include all of the following:

(1) All FDA-approved contraceptive drugs, devices, and other products as follows:

a. If the FDA has approved 1 or more therapeutic equivalents of a contraceptive drug, device, or product, a carrier is not required to include all such therapeutically equivalent versions in its formulary as long as at least 1 is included and covered without cost-sharing and in accordance with this section.

b. If there is a therapeutic equivalent of a drug, device, or other product for an FDA-approved contraceptive method, the carrier may provide coverage for more than 1 drug, device, or other product and may impose cost-sharing requirements as long as at least 1 drug, device, or other product for that method is available without cost-sharing. If, however, an individual’s attending provider recommends a particular FDA-approved contraceptive based on a medical determination with respect to that individual, regardless of whether the contraceptive has a therapeutic equivalent, the carrier shall provide coverage for the prescribed contraceptive drug, device, or product without cost-sharing.

c. The carrier is not required to provide coverage for male condoms.

(2) FDA-approved emergency contraception available over-the-counter, whether with a prescription or dispensed consistent with the requirements of Chapter 25 of Title 24.

(3) A prescription for contraceptives intended to last for no more than a 12-month period which may be dispensed all at once or over the course of the 12-month period, regardless of whether the covered individual was enrolled in a plan or policy under § 505(3) of this title at the time the prescription contraceptive was first dispensed.

(4) Voluntary female sterilization procedures.

(5) Patient education and counseling on contraception.

(6) Follow-up services related to the drugs, devices, products, and procedures covered under this subsection, including management of side effects, counseling for continued adherence, and device insertion and removal.

(7) Immediate postpartum insertion of long-acting reversible contraception.

(c) A carrier may not impose any deductible, coinsurance, copayment, or any other cost-sharing requirement for coverage provided under this section, except under paragraph (b)(1) of this section or as otherwise required under federal law. A carrier may not impose unreasonable restrictions or delays in the coverage under this section, except that reasonable medical management techniques may be applied to coverage within a method category, as defined by the FDA, but not across types of methods.

(d) This section does not preclude coverage for contraceptive drugs, devices, products, and procedures as prescribed by a provider for reasons other than contraceptive purposes, including decreasing the risk of ovarian cancer, eliminating symptoms of menopause, or providing contraception that is necessary to preserve the life or health of the covered individual.

(e) Carriers are not required under this section to cover experimental or investigational treatments.
31 Del. C. § 4205 — Delaware Code / Title 31 / Chapter 42 / Section 4205
§ Â
        4205. Bathroom.
Status: in_force

(a) The bathroom shall be on an accessible level and be connected to the accessible route.

(b) The bathroom shall have at least a 60-inch diameter turning space, valued at 1 point.

(c) The bathroom shall have a barrier-free shower stall (2 points), raised toilet seat height of at least 16 inches (1 point), 29 inches of knee space under the lavatory (1 point), ADA compliant faucets (1 point), hand-held shower (1 point), and grab bars (2 points) or grab bar blocking for subsequently mounting a grab bar (allocated 1 point instead of 2 points for the actual grab bars in place).
31 Del. C. § 1004 — Delaware Code / Title 31 / Chapter 10 / Section 1004
§ Â
        1004. Reports, statements and documents.
Status: in_force

It shall be unlawful for any provider to:

(1) Falsify any report, statement or document required to be filed in connection with any public assistance program;

(2) Include in any cost report or reports for reimbursement any amount or item which the provider knew or should have known was not used in providing service to the recipient for which the amount is paid or to be paid;

(3) Make or cause to be made a statement or representation for use in qualifying as a provider of goods or service under any public assistance program, knowing that statement or representation to be false, in whole or in part by commission or omission; or

(4) Make or cause to be made a false statement or representation of a material fact with respect to the conditions or operation of a provider or facility in order that such provider or facility may qualify or remain qualified to provide assistance under any public assistance program.
31 Del. C. § 4520 — Delaware Code / Title 31 / Chapter 45 / Section 4520
§ Â
        4520. Preparation of redevelopment plan; contents.
Status: in_force

(a) The authority may itself prepare or cause to be prepared a redevelopment plan or any person or agency, public or private, may submit such a plan to an authority. A redevelopment plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements and the proposed land uses and building requirements in the redevelopment project area and shall include without being limited to:

(1) The boundaries of the redevelopment project area, with a map showing the existing uses and condition of the real property therein;

(2) A land use plan showing proposed uses of the area;

(3) Information showing the standards of population densities, land coverage and building intensities in the area after redevelopment;

(4) A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building codes and ordinances;

(5) A site plan of the area; and

(6) A statement as to the kind and number of additional public facilities or utilities which will be required to support the new land uses in the area after redevelopment.

(b) The authority, or any public body authorized to perform planning work, may prepare a general neighborhood renewal plan for urban renewal areas which may be of such scope that urban renewal activities may have to be carried out in stages over an estimated period of up to 10 years. Such plan may include, but is not limited to, a preliminary plan which:

(1) Outlines the urban renewal activities proposed for the area involved;

(2) Provides a framework for the preparation of urban renewal plans; and

(3) Indicates generally the land uses, population density, building coverage, prospective requirements for rehabilitation and improvement of property and portions of the area contemplated for clearance and redevelopment.

A general neighborhood renewal plan shall, in the determination of the local governing body, conform to the general plan of the locality as a whole and to the workable program of the municipality.

(c) The authority, or any public body authorized to perform planning work, may prepare or complete a communitywide plan or program for urban renewal which shall conform to the general plan for the development of the municipality or community as a whole and may include, but shall not be limited to, identification of slum or blighted areas, measurement of blight, determination of resources needed and available to renew such areas, identification of potential project areas and types of action contemplated and scheduling of urban renewal activities.
31 Del. C. § 523 — Delaware Code / Title 31 / Chapter 5 / Section 523
§ Â
        523. Education and training for recipients of aid under Ââ505(1) of this title.
Status: in_force

(a) Persons who qualify for assistance under § 505(1) of this title shall be eligible to participate in secondary education, post-secondary education up to the baccalaureate level, adult basic education or vocational training as an approved work activity provided each of the following requirements are met:

(1) The person does not hold a baccalaureate degree.

(2) The secondary, postsecondary education up to the baccalaureate level or vocational education is pursued through an accredited or approved school program.

(3) The person is enrolled with enough credit hours to have full-time student status and is in good standing as it relates to attendance and achievement as defined by the program the person is attending.

(4) If the person attending school would otherwise be subject to a work requirement in order to receive assistance under § 505(1) of this title, the combination of credit hours and work hours shall equal at least 20 hours per week while the program is in session. This work requirement may be met through work-study, internships or externships, or through work as a research assistant. If possible, during scheduled breaks, the work requirement will be the same as for other program participants, with work experience related to the field of study. However, if the student is enrolled full-time for the next semester and work activity placement cannot be arranged for the duration of the break in classes, it may be excused.

(b) Loans, scholarships, grants and work-study received by the recipient to pay for tuition and materials are excluded in the determination of eligibility for assistance under § 505(1) of this title or the amount of assistance received by the recipient.

(c) The Department of Health and Social Services shall advise all persons of this section at application interviews and, at a minimum, at each recertification appointment.

(d) Persons attending education and training programs under this section shall receive support services, such as assistance with transportation and child care, while they attend the educational or vocational training program on the same basis as support services are provided other persons who are receiving assistance under § 505(1) of this title.

(e) If program completion will occur within 1 semester or quarter after the time limit expires, an extension may be granted for that semester or quarter.

(f) Persons sanctioned while attending educational or vocational programs shall be afforded the same due process as provided other persons under §§ 518 and 520 of this title.
31 Del. C. § 5229 — Delaware Code / Title 31 / Chapter 52 / Subchapter III / Section 5229
§ Â
        5229. State Council for Interstate Juvenile Supervision.
Status: in_force

(a) The State Council for Interstate Juvenile Supervision is hereby established and shall consist of 8 members as follows:

(1) The Cabinet Secretary of the Department of Services for Children, Youth and Their Families, or the Cabinet Secretary’s designee.

(2) The Director of Division of Youth Rehabilitative Services, or the Director’s designee.

(3) Two members of the Delaware Senate appointed by the President Pro Tempore of the Senate to serve at the pleasure of the President Pro Tempore, 1 from each major political party.

(4) Two members of the Delaware House of Representatives appointed by the Speaker of the House to serve at the pleasure of the Speaker of the House, 1 from each major political party.

(5) A member of the state Family Court judiciary appointed by the Chief Judge of the Delaware Family Court to serve at the pleasure of the Chief Judge.

(6) The Juvenile Compact Administrator appointed by the Secretary of the Department of Services for Children, Youth and Their Families as outlined in § 5221 of this title.

(7) Two members appointed by the Governor who shall serve at the pleasure of the Governor. At least 1 of these appointments must be a representative of a victims’ assistance or advocacy organization.

(b) The State Council shall exercise oversight and advocacy concerning the State’s participation in Interstate Commission activities and other duties including, but not limited to, the development of policy concerning operations and procedures of the compact within the State.

(c) By majority vote of the members, the State Council for Interstate Juvenile Supervision shall select a chairperson.

(d) The State Council shall meet at least twice each year.
31 Del. C. § 4304 — Delaware Code / Title 31 / Chapter 43 / Section 4304
§ Â
        4304. Wilmington Housing Authority.
Status: in_force

The Wilmington Housing Authority shall consist of 9 commissioners, 7 of whom shall be appointed by the Mayor of the City of Wilmington, 1 of whom shall be appointed by the Governor and 1 of whom shall be appointed by the County Executive of New Castle County. Each commissioner shall serve for a term of 3 years unless replaced before 3 years by an interim commissioner.

Notwithstanding any provisions of this chapter to the contrary, a Wilmington Housing Authority commissioner or interim commissioner shall serve at the pleasure of the person who appointed that commissioner or interim commissioner, and may be removed, with or without cause, by the appointing person. In the event of death, disability, resignation, or removal of a commissioner or interim commissioner before the expiration of that commissioner’s or interim commissioner’s term, the appointing person may appoint an interim commissioner to complete the term.
31 Del. C. § 4127 — Delaware Code / Title 31 / Chapter 41 / Subchapter III / Section 4127
§ Â
        4127. Condemnation.
Status: in_force

(a) In general. — When a structure is found by the code official to be unsafe, or when a structure or part thereof is found unfit for human occupancy or use, it may be condemned pursuant to this chapter and may be placarded and vacated. Such condemned structure shall not be reoccupied without approval of the code official, but such approval may not be withheld upon completion of specified corrections of violations.

(b) Unsafe structure. — An unsafe structure is one in which all or part thereof is found to be dangerous to life, health, property or the safety of the public or the structure’s occupants because it is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that it is likely to partially or completely collapse.

(c) Unsafe equipment. — Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that it is found to be a hazard to life, health, property or safety of the public or occupants of the premises or structure. Unsafe equipment may contribute to the finding that the structure is unsafe or unfit for human occupancy or use.

(d) Structure unfit for human occupancy. — A structure is unfit for human occupancy or use whenever the code official finds that it is unsafe or, because it lacks maintenance and is in extreme disrepair, is unsanitary, vermin- or rat-infested, contains filth and contamination or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter.

(e) Closing of vacant structures. — If the structure or part thereof is vacant and unfit for human habitation, occupancy or use, and is not in danger of structural collapse, the code official may post a placard of condemnation on the premises and may order the structure closed up so it will not be an attractive nuisance to youngsters. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause it to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate in accordance with § 4134 of this title.
31 Del. C. § 4109 — Delaware Code / Title 31 / Chapter 41 / Subchapter I / Section 4109
§ Â
        4109. Enforcement by State or community.
Status: in_force

In the event that after 3 years subsequent to the adoption of the State Housing Code by the General Assembly a community has not undertaken to enforce this chapter, the Housing Director, acting as the code official, may begin enforcement within that community, subject to this chapter. Any community may contract with another community to act on its behalf in the enforcement of this chapter.
31 Del. C. § 4541 — Delaware Code / Title 31 / Chapter 45 / Section 4541
§ Â
        4541. Preparation of general plan by local governing body.
Status: in_force

The governing body of any community which is not otherwise authorized to create a planning commission with power to prepare a general plan for the development of the community may prepare such a general plan prior to the initiation and carrying out of a redevelopment project under this chapter.
31 Del. C. § 4207 — Delaware Code / Title 31 / Chapter 42 / Section 4207
§ Â
        4207. Kitchen.
Status: in_force

(a) The kitchen shall be on an accessible level and be connected to the accessible route.

(b) The kitchen in the dwelling unit shall have at least a 60-inch diameter turning space valued at 1 point.

(c) The kitchen in the dwelling unit shall have all pull-out shelving valued at 1 point.
31 Del. C. § 354 — Delaware Code / Title 31 / Chapter 3 / Subchapter IV / Section 354
§ Â
        354. Power of placement agencies to remove dependent children; penalty for refusal to comply.
Status: in_force

(a) All agencies or organizations, engaged in the placement of dependent children within this State, may remove any child so placed when, in the judgment of such agency, the welfare and best interests of the child require such action, whether such right was received or not at the time the child was placed.

(b) Whenever any person with whom a dependent child has been placed refuses to give up such child on the demand of the representative of such agency, the agency, through its duly recognized representative, may give written notice to such person to deliver the child to the nearest railroad station or some other equally convenient place at a day and hour to be fixed in the notice, not less than 1 nor more than 3 days after the date of the notice.

Whoever wilfully refuses or neglects to comply with the requirements of the notice shall be fined in such amount or imprisoned for such term, or both, as the court in its discretion may determine.
31 Del. C. § 4019 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4019
§ Â
        4019. Credit of State not pledged.
Status: in_force

(a) Bonds issued under this chapter shall be payable exclusively from the revenues and other funds of DSHA and shall contain the following statement on their face:

“The State of Delaware is not obligated to pay the principal of this bond nor the interest thereon, nor are the faith and credit of the State pledged to the payment of the principal of, or interest on, this bond.”

(b) The issuance of bonds under this chapter shall not directly or indirectly or contingently obligate the State to levy or pledge any form of taxation whatever therefor or to make any appropriation for their payment, and the bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction; provided also that § 4020 of this title, relative to the Capital Reserve Fund, shall not be deemed to constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.
31 Del. C. § 104 — Delaware Code / Title 31 / Chapter 1 / Section 104
§ Â
        104. Secretary; powers and duties.
Status: in_force

The Secretary shall manage and supervise the operations of the Department and shall see that all functions are properly carried out in accordance with the policies, rules and regulations approved by the Board. The Secretary shall appoint all employees of the Department and shall fix their salaries subject to any general compensation plan adopted by the Board.
31 Del. C. § 4121 — Delaware Code / Title 31 / Chapter 41 / Subchapter II / Section 4121
§ Â
        4121. Extermination.
Status: in_force

(a) Owner’s responsibility. — The owner of any structure shall be responsible for extermination of insects, rats, vermin or other pests within the structure prior to renting, leasing or selling the structure.

(b) Tenant-occupant’s responsibility. — The tenant-occupant of any structure shall be responsible for the continued rat proof condition of the structure, and if the tenant occupant fails to maintain the rat-proof condition, the cost of extermination shall be the responsibility of the tenant-occupant.

(c) Single unit occupant’s responsibility. — The occupant of a structure containing a single dwelling unit shall be responsible for the extermination of any insects, rats or other pests in the structure or on the premises, except as otherwise provided in subsection (e) of this section.

(d) Responsibility for common areas in multiple unit structures. — Every owner, agent or operator of 2 or more dwelling units or multiple occupancies, or rooming houses, shall be responsible for the extermination of any insects, rats or other pests in the public or shared areas of the structure and premises.

(e) Bed bug remediation. —

(1) If the tenant notifies the owner that the tenant found or reasonably suspects a bed bug infestation in a dwelling unit within 60 days after the dwelling unit was occupied or within 30 days of discovery of a bed bug infestation in an adjoining unit in the building, the owner shall be responsible for the costs of investigating and remediating the infestation.

(2) If the tenant notifies the owner of a bed bug infestation more than 60 days after the dwelling unit was occupied and not within 30 days of a discovery of a bed bug infestation in an adjoining unit within the building, the landlord shall be responsible for investigating and remediating the bed bug infestation, provided that the tenant shall share in the responsibility for the reasonable costs for remediating the infestation in the tenant’s unit.

(3) The tenant shall not be responsible to share in costs with properties managed by a state or local government housing authority.
31 Del. C. § 387 — Delaware Code / Title 31 / Chapter 3 / Subchapter VI / Section 387
§ Â
        387. Out-of-state placement restrictions; not applicable if made pursuant to Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].
Status: in_force

Section 307 of this title shall not apply to placements made pursuant to this Compact.
31 Del. C. § 3004 — Delaware Code / Title 31 / Chapter 30 / Section 3004
§ Â
        3004. Powers and duties.
Status: in_force

The Commission shall cooperate with the Governor, the General Assembly, public agencies, officials, firms, corporations, civic groups, and individuals in promoting amicable relationships among the various racial and cultural groups within the State. To this end the Commission may do any of the following:

(1) Act as conciliator in matters involving members of groups protected under the laws enforced by the Commission. The provisions of the Freedom of Information Act in Chapter 100 of Title 29 do not apply to meetings that involve conciliation or mediation.

(2) Complete investigations, surveys, and studies as are pertinent to the performance of its duties.

(3) Make recommendations to the Governor and General Assembly concerning needed legislation.

(4) Perform duties assigned to the Commission under Chapter 45 and 46 of Title 6.
31 Del. C. § 2502 — Delaware Code / Title 31 / Chapter 25 / Section 2502
§ Â
        2502. Power to contract with institutions to provide maintenance and instruction.
Status: in_force

For the purpose of providing the care, maintenance and instruction referred to in § 2501 of this title the Board of Education may contract with any institution having or furnishing facilities for such care, maintenance and instruction in this or any other state at a contract price and to pay transportation to and from the institution. The contract shall be made by and with the written consent of the parents or the surviving parent of any such child who is blind, or other relatives, or guardians, if such parents are both dead, or with the Department of Public Welfare, if there are no parents or other relatives.
31 Del. C. § 3906 — Delaware Code / Title 31 / Chapter 39 / Section 3906
§ Â
        3906. Involuntary protective services.
Status: in_force

If an individual lacks the capacity to consent to receive protective services, services may be provided by 1 or more of the following ways:

(1) A police officer, on probable cause of death or immediate and irreparable physical injury, under § 3907 of this title.

(2) The Attorney General or a Deputy Attorney General of this State, on probable cause of death or immediate and irreparable physical injury, under § 3907 of this title.

(3) An emergency order of the Court, under § 3908 of this title. The Court shall order only that intervention which it determines is the least restrictive of the individual’s liberty and rights, while consistent with the individual’s welfare and safety. The Court shall state in its opinion the basis for the order.

(4) The appointment of a guardian under § 3901 of Title 12.

(5) An Adult Protective Services staff member, on probable cause of death or immediate and irreparable physical injury under § 3907 of this title.
31 Del. C. § 1510 — Delaware Code / Title 31 / Chapter 15 / Section 1510
§ Â
        1510. Annual report
Status: in_force

The Committee shall complete an annual report outlining activities, status and implementation of the State’s efforts to place TANF recipients in private sector jobs, including the Committee’s recommendations for improvements in such efforts. The annual report will also include recommended areas to improve the efficiencies of service delivery efforts and suggest ways to reduce fraud and waste at the Divisions of Child Support and Social Services.
31 Del. C. § 4710 — Delaware Code / Title 31 / Chapter 47 / Section 4710
§ Â
        4710. Disposition of property.
Status: in_force

(a) The land bank shall determine and set forth in policies and procedures adopted by the board of directors the general terms and conditions for consideration to be received by the land bank for the transfer of real property and interests in real property, which consideration may take the form of monetary payments and secured financial obligations, covenants and conditions related to the present and future use of the property, contractual commitments of the transferee, and such other forms of consideration as determined by the board of directors to be in the best interest of the land bank.

(b) The land bank may convey, exchange, sell, transfer, lease, grant, release, demise, pledge, mortgage, and hypothecate any and all interests in, upon, or to real property of the land bank.

(c) A foreclosing governmental unit may, in its local law, resolution, or ordinance creating a land bank, or in the applicable intergovernmental cooperation agreement in the case of multiple foreclosing governmental units creating a single land bank under § 4705(b) of this title, establish a hierarchical ranking of priorities for the use of real property owned by a land bank. Any hierarchical ranking of priorities for the use of such real property that is established may include any of the following:

(1) Use for purely public spaces and places.

(2) Use for affordable housing.

(3) Use for retail, commercial, and industrial activities.

(4) Use as wildlife conservation areas.

(5) Such other uses in such hierarchical order as determined by the applicable foreclosing governmental unit.

(d) The priorities established under subsection (c) of this section may be for the entire jurisdiction of the foreclosing governmental unit or may be set according to the needs of different neighborhoods, municipalities, or other locations within the jurisdiction, or according to the nature of the real property.

(e) A land bank shall consider all duly adopted land use plans and shall coordinate the disposition of land bank real property with such land use plans.

(f) A foreclosing governmental unit may, in its local law, resolution, or ordinance creating a land bank, or in the applicable intergovernmental cooperation agreement in the case of multiple foreclosing governmental units creating a single land bank under § 4705(b) of this title, require that any particular form of disposition of real property, or any disposition of real property located within specified jurisdictions, be subject to specified voting and approval requirements of the board of directors. Except and unless restricted or constrained in this manner, the board of directors may delegate to officers and employees the authority to enter into and execute agreements, instruments of conveyance, and all other related documents pertaining to the disposition of real property by the land bank.

(g) All property disposition records of the land bank shall be made available for public inspection as required by Chapter 100 of Title 29.
31 Del. C. § 4029 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4029
§ Â
        4029. Korey Thompson Student Emergency Housing Assistance Fund.
Status: in_force

(a) There is established the Korey Thompson Student Emergency Housing Assistance Fund for the benefit of college and university students experiencing homelessness or housing insecurity, referred to in this section as the “Fund.” DSHA shall oversee and administer all funds deposited in the Fund, including any funds appropriated by the State to the Fund, as well as any federal funds received from the American Rescue Plan or other COVID relief grants for this purpose.

(b) The Fund must be used exclusively for the provision of housing assistance to individuals enrolled in an undergraduate program at any college or university in this State.

(c) DSHA shall develop eligibility criteria, an application process, appropriate limitations on assistance, and a method of distribution.

(d) DSHA shall report to the Governor and the General Assembly by December 1 of each year all expenditures made from the Fund, including an accounting of how many individuals were served and what institution each individual attended. No personal identifying information may be included in the report.
31 Del. C. § 4204 — Delaware Code / Title 31 / Chapter 42 / Section 4204
§ Â
        4204. Interior accessible route; interior doors, doorways, and hallways.
Status: in_force

The dwelling unit may provide for an accessible route running through the interior of the dwelling unit, valued at 8 points if it complies with the following:

(1) The accessible route shall be continuous through all spaces within the dwelling unit and shall connect to all primary living spaces, including, but not limited to, the living room, the family room, and the dining space;

(2) The interior doors and doorways, except for closets, of the dwelling unit shall provide a clear opening with a minimum width of 36 inches; and

(3) The hallways of the dwelling unit shall be at least 42 inches wide.
31 Del. C. § 4209 — Delaware Code / Title 31 / Chapter 42 / Section 4209
§ Â
        4209. Implementation of this chapter.
Status: in_force

The administering entity shall comply with this chapter by incorporating points as calculated herein into its process for approving the use of public financial assistance for the construction of new dwelling units. The points for Universal Design Standards may be scaled to fit the individual process but shall be given a significant weight as compared to other scoring categories. Tenths of a point may be awarded to account for compliance with this chapter for a corresponding portion of the total development. The administering entity shall enforce compliance with the standards included in the application for public financial assistance during construction of the dwelling unit. The administering entity may include universal design standards incentives or requirements in excess of the provisions of this chapter.
31 Del. C. § 4526 — Delaware Code / Title 31 / Chapter 45 / Section 4526
§ Â
        4526. Modification of plan; notice; objections.
Status: in_force

An urban renewal plan which has not been approved by the governing body when recommended by the authority may again be recommended to it with any modifications deemed advisable. A redevelopment plan may be modified at any time by the authority; provided, that, if modified after the lease or sale of real property in the urban renewal project area, the modification must be consented to by the redeveloper or redevelopers, or any successor or successors who acquired 75% of the land in the project area and whose interest may be affected by the proposed modification.

The notice of the proposed modification shall be sent by certified mail to the last known address of the redeveloper or redevelopers of the real property, or any successor or successors, who shall have 30 days from the date of the notice to state objections to the modification. These objections will be submitted to the governing body at the time of the hearing. If no objections are made within the 30 days from the date of the notice, then the authority may recommend the plan and state to the governing body that there were no objections.
31 Del. C. § 2831 — Delaware Code / Title 31 / Chapter 28 / Subchapter III / Section 2831
§ Â
        2831. Liability of relatives for expenses of care and support of patients.
Status: in_force

(a) The liability of relatives for expenses incurred in the care and support of a patient admitted under Title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.] shall be as follows: The spouse of a Title XIX patient shall be responsible for the expenses of the patient; parents shall be financially responsible for the expenses incurred by their children who are patients at the Hospital if such children are under the age of 18, are blind or are permanently or totally disabled.

(b) The spouse, parents or children of a person not admitted under Title XIX shall be liable, in the order above named, for the expenses incurred in the care and support of such person; provided, that they are found able to pay such expenses. The Board shall take legal proceedings to enforce this liability, if warranted by the facts and circumstances.
31 Del. C. § 5106 — Delaware Code / Title 31 / Chapter 51 / Section 5106
§ Â
        5106. Powers and duties of the Department.
Status: in_force

(a) The Department shall:

(1) Have sole and complete control of the training schools and any other state facilities for readjustment of delinquent children;

(2) Appoint advisory committees having such membership as it deems appropriate or desirable;

(3) Provide suitable food, clothing, medicine and all things necessary for the comfort and improvement of delinquent children in the Department’s legal custody;

(4) Make rules and regulations for the government of the training schools not inconsistent with the laws of this State which it deems necessary and proper for the public welfare and best interest of the juveniles entrusted to the Department including the release of juveniles to after-care supervision;

(5) When deemed necessary, to provide after-care supervision for delinquent children released from the training schools;

(6) Provide suitable buildings, with all the necessary land and appurtenances for the use and occupation of the Department;

(7) Establish such rules and regulations relative to the religious and moral education, training, employment, discipline, management, government, instruction, safekeeping and the disposition of the juveniles;

(8) Exercise all powers not inconsistent with this chapter as are necessary to discharge their responsibility of legal custody of a juvenile. Powers inconsistent with this chapter shall include without limitation the power to sue and be sued or to implead or be impleaded in all courts of law and equity; and

(9) Place a juvenile committed to its custody pursuant to § 1009 of Title 10, in a facility providing the maximum available security.

(b) Notwithstanding prior enactments accepting the Ferris School for Boys 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 Ferris School for Boys.
31 Del. C. § 4101 — Delaware Code / Title 31 / Chapter 41 / Subchapter I / Section 4101
§ Â
        4101. Title and scope.
Status: in_force

This chapter shall be known as the Delaware State Housing Code which establishes minimum property maintenance standards for structures covered by this chapter and is herein sometimes referred to as the “State Housing Code” or “Code” and shall apply to and include the entire State except as may be exempted by this chapter.
31 Del. C. § 106 — Delaware Code / Title 31 / Chapter 1 / Section 106
§ Â
        106. Organization of Department.
Status: in_force

The Secretary shall organize the Department into such divisions or other units as will increase the effectiveness and efficiency with which its affairs are conducted. The organization shall provide for and the efforts of the Department shall be directed toward the maximum degree of integration and consolidation consistent with satisfactory service to the citizens of this State.
31 Del. C. § 3703 — Delaware Code / Title 31 / Chapter 37 / Section 3703
§ Â
        3703. Definitions.
Status: in_force

As used in this chapter:

(1) “Department” shall mean the Department of Health and Social Services.

(2) “Division” shall mean the Division of Services for Aging and Adults with Physical Disabilities.

(3) “Matched Housing Program” shall mean shared housing arrangements.

(4) “Program” shall mean the Housing Counseling Program.

(5) “Senior citizen” shall mean any Delaware resident 60 years of age or older.

(6) “Task Force” shall mean the Task Force on Housing for Senior Citizens.
31 Del. C. § 5225 — Delaware Code / Title 31 / Chapter 52 / Subchapter III / Section 5225
§ Â
        5225. Additional procedures not precluded.
Status: in_force

In addition to any procedure provided in Articles IV and VI of the Compact for the return of any runaway juvenile, the particular states, the juvenile or the juvenile’s parents, the courts, or other legal custodian involved may agree upon and adopt any other plan or procedure legally authorized under the laws of this State and the other respective party states for the return of any such runaway juvenile.
31 Del. C. § 3006 — Delaware Code / Title 31 / Chapter 30 / Section 3006
§ Â
        3006. Subpoenas; compelling testimony.
Status: in_force

(a) The Commission may issue subpoenas and order discovery in aid of the investigations, surveys, and studies authorized under § 3004 of this title when the Attorney General has reason to believe that such subpoenas and discovery will enable the Commission to perform the duties imposed by this chapter.

(b) Any subpoena, process, order of the Commission, or other paper requiring service may be served by any sheriff, deputy sheriff, constable, or employee of the Division.

(c) If a witness refuses to obey a subpoena that the Commission lawfully issued or give evidence the Commission properly requested, the Commission may petition the Superior Court to compel the witness to obey the subpoena or give the evidence. The Court shall immediately issue process to the witness and hold a hearing on the petition as soon as possible. If the witness refuses, without reasonable cause or legal grounds, to obey the subpoena or give the evidence, the Court shall punish the witness for contempt.
31 Del. C. § 911 — Delaware Code / Title 31 / Chapter 9 / Section 911
§ Â
        911. Job training and placement by nonprofit corporations
Status: in_force

(a) The Department of Labor is authorized: (1) To refer welfare recipients to nonprofit corporations for training designed to improve employability and for job placement or job referral; and (2) to pay the sum of $500 to nonprofit corporations, which have an approved proposal by August 1 of the current fiscal year, for each welfare recipient placed in an unsubsidized job.

(b) “Placed” or “placement” as used in this section shall mean placement of a referral in an unsubsidized substantially full-time job of not less than 100 hours per month for a minimum of 30 days.
31 Del. C. § 4536 — Delaware Code / Title 31 / Chapter 45 / Section 4536
§ Â
        4536. Cooperation by public bodies.
Status: in_force

(a) For the purpose of aiding and cooperating in the planning, undertaking or carrying out of a redevelopment project located within the area in which it is authorized to act, any public body may, upon such terms, with or without consideration, as it determines:

(1) Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges therein to an authority;

(2) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished in connection with a redevelopment project;

(3) Furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways or other places, which it is otherwise empowered to undertake;

(4) Plan or replan, zone or rezone any part of the public body or make exceptions from building regulations and ordinances if such functions are of the character which the public body is otherwise empowered to perform;

(5) Cause administrative and other services to be furnished to the authority of the character which the public body is otherwise empowered to undertake or furnish for the same or other purposes;

(6) Incur the entire expense of any public improvements made by such public body in exercising the powers granted in this section;

(7) Do any and all things necessary or convenient to aid and cooperate in the planning or carrying out of a redevelopment plan;

(8) Lend, grant or contribute funds to an authority;

(9) Employ any funds belonging to or within the control of such public body, including funds derived from the sale or furnishing of property, service, or facilities to an authority, in the purchase of the bonds or other obligations of an authority and, as the holder of such bonds or other obligations, exercise the rights connected therewith; and

(10) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary), with an authority respecting action to be taken by such public body pursuant to any of the powers granted by this chapter and if at any time title to, or possession of, any redevelopment project is held by any public body or governmental agency, other than the authority, authorized by law to engage in the undertaking, carrying out or administration of redevelopment projects, including any agency or instrumentality of the United States of America, the provisions of such agreements shall inure to the benefit of and may be enforced by such public body or governmental agency.

(b) Any sale, conveyance, lease or agreement provided for in this section may be made by a public body without appraisal, public notice, advertisement or public bidding.
31 Del. C. § 382 — Delaware Code / Title 31 / Chapter 3 / Subchapter VI / Section 382
§ Â
        382. Financial responsibility; default in Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission].
Status: in_force

Financial responsibility for any child placed pursuant to this Compact shall be determined in accordance with Article V of the Compact in the first instance. However, in the event of partial or complete default of performance thereunder, this chapter also may be invoked.
31 Del. C. § 4102 — Delaware Code / Title 31 / Chapter 41 / Subchapter I / Section 4102
§ Â
        4102. Purpose.
Status: in_force

This chapter is intended to protect the public safety, health and welfare in existing residential structures and on existing residential premises, as hereinafter provided by:

(1) Establishing minimum maintenance standards for existing residential structures and premises for basic equipment and facilities for light, ventilation, heat and sanitation; for safety from fire; for space; and for safe and sanitary maintenance of existing structures and premises;

(2) Fixing the responsibilities of owners, operators and occupants of all structures; and

(3) Providing for administration, enforcement and penalties.
31 Del. C. § 2841 — Delaware Code / Title 31 / Chapter 28 / Subchapter IV / Section 2841
§ Â
        2841. Other penalties.
Status: in_force

Whoever violates this chapter, for which no penalty is specifically prescribed, shall be fined not more than $500, or imprisoned not more than 3 years, or both.
31 Del. C. § 4071 — Delaware Code / Title 31 / Chapter 40 / Subchapter VII / Section 4071
§ Â
        4071. Definitions [For application of this section, see 84 Del. Laws, c. 352, Â 3].
Status: in_force

As used in this subchapter:

(1) “DSHA” means the Delaware State Housing Authority as established in Chapter 86 of Title 29.

(2) “DWH grant” or “grant” means a Delaware Workforce Housing grant as set forth in § 4072 of this title.

(3) “Investment Level 1” and “Investment Level 2” means the investment levels as set forth by the Delaware Strategies for State Policies and Spending document approved by the Governor in Executive Order 42 on July 23, 2020.

(4) “Minimum qualified workforce housing threshold” means the minimum level of qualified workforce housing investment required by a qualified workforce housing investor in a workforce housing unit to qualify for a grant, as determined by DSHA. The minimum qualified workforce housing threshold must be no lower than $25,000. No more than once per year, DSHA may amend the minimum qualified workforce housing threshold with respect to the types of projects or other criteria determined by DSHA to be necessary or convenient to accomplish the purposes of this subchapter.

(5) “Qualified workforce housing investment” means the amount in excess of the minimum qualified workforce housing threshold that is properly chargeable to a capital account for improvements to rehabilitate, expand, or construct depreciable real property placed in service during the calendar year.

(6) “Qualified workforce housing investor” means an owner or tenant of real property located within an Investment Level 1 or Investment Level 2 zone who expands, rehabilitates, or constructs such real property for use as a workforce housing unit. In the case of a tenant, the amounts of qualified workforce housing investment specified in this section must relate to the proportion of the workforce housing unit for which the tenant holds a valid lease. In the case of an owner of an individual unit within a “common interest community,” as such term is defined in § 81-103 of Title 25, the amount of qualified workforce housing investment specified in this subchapter must relate to the proportion of the workforce housing unit for which the owner holds title and not to common elements.

(7) “Workforce housing unit” means a residential dwelling for a household whose income does not exceed 100% of the median income for the area as defined by the United States Department of Housing and Urban Development.