31 Del. C. § 503 — Delaware Code / Title 31 / Chapter 5 / Section 503
§ Â
        503. Eligibility for assistance; amount; method of payment [For application of this section, see 85 Del. Laws, c. 251, Â 4].
Status: in_force

(a) Anti-fraud. — Assistance shall not be granted under this chapter to any person or family otherwise eligible for assistance under the categories described in § 505 of this title, having conveyed or transferred real or personal property of a value of $500 or more without fair consideration within 2 years preceding the date of application for assistance or subsequently while receiving assistance, or to any person who is an inmate of any public institution (except as a patient in a medical institution).

(b) Medicaid. — (1) Medical assistance may be granted to medically and financially eligible persons in accordance with Titles IV-A, IV-E, XVI, and XIX of the Social Security Act (42 U.S.C. §§ 601 et seq., 1381 et seq., and 1396 et seq.), federally approved waivers of these sections of the act, and rules and regulations established by the Department of Health and Social Services. Eligibility for and payment of medical assistance must be determined under policies and regulations established by the Department of Health and Social Services. Eligibility standards, recipient copay, and provider reimbursement must be set in accordance with state and federal mandates, state and federal funding levels, approved waivers, and rules and regulations established by the Department of Health and Social Services. The amount of assistance in each case of medical care must not duplicate any other coverage or payment made or available for the costs of such health services and supplies. To the extent permitted by federal requirements, no annual or lifetime numerical limitations may be placed on physical therapy or chiropractic care visits that are for the purpose of treating the spine and other neuromusculoskeletal structures, including extremities.

(c) General assistance. — Eligibility for and the amount of general assistance granted to recipients shall be determined in accordance with rules and regulations made by the Department with due regard to the resources, income, necessary expenditures of the recipient, the limit of funds appropriated therefor and the legislative intent expressed in § 501 of this title.

(d) Temporary Assistance for Needy Families. — Eligibility for and the amount of assistance granted to families under Temporary Assistance for Needy Families shall be determined in accordance with rules and regulations made by the Department with due regard to the resources, income and necessary expenditures of Delaware families the limit of funds appropriated therefor, and the legislative intent expressed in § 501 of this title.

In order to receive assistance under this subsection, the parent, guardian or persons standing in loco parentis to a dependent child must have instituted suit for nonsupport in the Family Court or must cooperate with the Department of Health and Social Services for the purpose of instituting proceedings for nonsupport in Family Court on the behalf of such parent, guardian or person standing in loco parentis.

(e) Child care assistance. — Persons seeking employment who are in need of child care services in order to obtain employment, to retain employment, or to obtain training leading to employment are eligible to apply for child care assistance under the Child Care Subsidy Program. Such persons seeking employment are eligible to apply for child care assistance for a period not to exceed 90 consecutive days over the course of 1 year. Eligibility for and the amount of assistance granted to persons under Delaware’s Child Care Subsidy Program shall be determined in accordance with the rules and regulations made by the Department of Health and Social Services, Division of Social Services and Chapter 3 of this title.

(f) Form of payment. — Such monetary assistance, as shall be granted under this chapter, shall be paid to such needy person in the form of any method meeting the requirements of good accounting control and federal regulations and having the approval of the Secretary of the Finance Department. However, when monetary assistance is paid personally to a recipient, the recipient must have an identification card bearing the recipient's picture. The identification card shall be provided by the State through its appropriate agency upon the request of any recipient at a cost not to exceed $ 2.00, except that any recipient who is 65 years of age or older, or has blindness or a disability shall not be required to pay any fee for an identification card.

During the month of January, the Department shall send a notice to recipients paid by the Department under this subsection in the form of:

(1) Any notice available from the Internal Revenue Service concerning the EIC, including but not limited to the notice of a possible federal tax refund due to the earned income credit; or

(2) A notice developed by the Department which shall include the maximum earned income credit and the maximum earnings to which such tax credit shall apply, as determined by the federal government.
31 Del. C. § 103 — Delaware Code / Title 31 / Chapter 1 / Section 103
§ Â
        103. Duty of Department to coordinate welfare and correctional programs; public reports required.
Status: in_force

(a) The Department shall be responsible for the coordination of welfare and correctional programs in this State and, to this end, may call conferences of representatives of public and private agencies responsible for such programs and individuals and organized groups interested in and concerned with matters of welfare. Such activities shall be carried on in the interest of more effectively understanding and making provision for the welfare needs in this State. Participation in such activities on the part of agencies and individuals shall be voluntary. The Department may sponsor and carry out studies of existing provisions for caring for welfare needs and studies of the need for changes in existing facilities.

(b) The Department shall issue periodic public reports on the extent, nature and cost of public and private welfare programs in this State and, to this end, may require the necessary periodic statistical data from public and private welfare, correction, probation and parole agencies and institutions giving resident care for tuberculous patients.
31 Del. C. § 5401 — Delaware Code / Title 31 / Chapter 54 / Section 5401
§ Â
        5401. Legislative findings; purposes of chapter.
Status: in_force

(a) The General Assembly finds that:

(1) Finding adoptive families for children, for whom state assistance is desirable pursuant to § 503 of this title, and assuring the protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state.

(2) Provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services takes place in other states.

(b) The purposes of this chapter are to:

(1) Authorize the Department of Services for Children, Youth and Their Families to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the Department of Services for Children, Youth and Their Families; and to

(2) Provide procedures for interstate children’s adoption assistance payments, include medical payments.
31 Del. C. § 4539 — Delaware Code / Title 31 / Chapter 45 / Section 4539
§ Â
        4539. Annual report.
Status: in_force

An authority shall at least once a year file with the governing body of the community a report of its activities for the preceding year and shall make any recommendations with reference to any additional legislation or other action that may be necessary in order to carry out this chapter.
31 Del. C. § 5103 — Delaware Code / Title 31 / Chapter 51 / Section 5103
§ Â
        5103. Payment of accounts.
Status: in_force

All of the accounts on the Department shall be paid by warrant drawn upon the State Treasurer in accordance with § 6515(b) of Title 29.
31 Del. C. § 4022 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4022
§ Â
        4022. Trust indenture.
Status: in_force

(a) At the discretion of the issuing officer each and any issue of such bonds may be secured by a trust indenture by and between the issuing officer and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without this State.

(b) Such trust indenture may pledge or assign the revenues of DSHA but shall not create a security interest in or convey or mortgage any real property owned, operated or maintained by DSHA. Either the resolution providing for the issuance of the bonds or such trust indenture may contain such provisions specifying, defining, protecting and enforcing the rights and not in violation of law, include covenants setting forth the duties of DSHA in relation to the acquisition, construction, improvement, maintenance, operation, repair and insurance of any facilities or additions thereto, and the custody, safeguarding and application of all moneys.

(c) It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indenture bonds or to pledge such securities as may be required by DSHA. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporation.

(d) In addition to the foregoing, such trust indenture may contain such other provisions as the issuing officer may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust indenture may be treated as a part of the cost of maintenance, operation and repairs of any facility to which such indenture is related or may be paid out of the revenues of DSHA.
31 Del. C. § 5105 — Delaware Code / Title 31 / Chapter 51 / Section 5105
§ Â
        5105. Misnomer of Department in donation.
Status: in_force

Any misnomer of the Department shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey thereby to the Department the estate or interest therein expressed or described.
31 Del. C. § 4035 — Delaware Code / Title 31 / Chapter 40 / Subchapter III / Section 4035
§ Â
        4035. Housing Repair and Modification Fund.
Status: in_force

(a) As used in this section,

(1) “Low income” means a household making less than 80% of the area median income.

(2) “Very low income” means a household making less than 50 % of area median income.

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

(c) (1) In addition to any further appropriations which may not be reflected in subsection (b) of this section, and in addition to accrued interest on loans, or paid interest on loans, the Housing Repair and Modification Fund must retain any interest or other earnings which accrue on uncommitted balances remaining in the Fund undisbursed, and such accrued interest may not be deposited in the General Fund.

(2) Principal payments, including partial payments, must be retained by the Housing Repair and Modification Fund and may not be deposited in the General Fund.

(d) The Housing Repair and Modification Fund is to be used to provide repair on homes, including “manufactured homes” as defined in § 7003 of Title 25, occupied by owners whose households qualify as low income or very low income.

(e) DSHA must allocate the funds in the following manner:

(1) Fifty percent to benefit households that are low income.

(2) Fifty percent to benefit households that are very low income.

(f) Up to 10% of the annual allocation to the Housing Repair and Modification Fund may be made to landlords who own an interest in fewer than 5 rental units, own an interest in any corporations or combination of corporations that own fewer than 5 rental units, or some combination thereof, who are leasing the unit to very low income tenants. Repair funds provided to landlords under this subsection must be low interest loans that are below the market rate and that require the condition that rent is not increased throughout the term of the loan beyond a maximum allowable increase set by DSHA.

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

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

(i) DSHA may use part of the allocations made for the Housing Repair and Modification Fund toward the administration of the program.
31 Del. C. § 1001 — Delaware Code / Title 31 / Chapter 10 / Section 1001
§ Â
        1001. Legislative intent.
Status: in_force

The General Assembly finds and declares it to be in the public interest and for the protection of the health and welfare of the residents of the State that proper provisions be instituted to regulate abuses in the payment of funds under the State’s public assistance programs.
31 Del. C. § 2103 — Delaware Code / Title 31 / Chapter 21 / Section 2103
§ Â
        2103. Division authority; instructors of persons with blindness or visual impairment.
Status: in_force

The Division has sole authority over the selection, appointment, employment terms, and performance of an instructor of persons with blindness or persons with visual impairment.
31 Del. C. § 4316 — Delaware Code / Title 31 / Chapter 43 / Section 4316
§ Â
        4316. Material and labor contracts; bids.
Status: in_force

All materials furnished to and all labor for an authority in excess of the probable cost of $500, except materials and labor used in the maintenance and operation of housing projects and employees directly under the authority, shall be supplied or done under contract made after competitive bids have been requested and submitted.
31 Del. C. § 5304 — Delaware Code / Title 31 / Chapter 53 / Section 5304
§ Â
        5304. Board of Managers; composition and appointment.
Status: in_force

(a) The School shall be managed by a Board of Managers which shall consist, in addition to those elected in accordance with the School’s charter, of 3 persons to be appointed by the Governor, 1 from each county, to serve for terms of 3 years each. The Governor shall annually appoint a suitable person to be a member of the Board to succeed the manager whose term has expired. Such person shall be a resident of the same county as the manager to be succeeded. Vacancies occurring for any reason other than expiration of term shall be filled only for the unexpired term.

(b) The Governor, the State Treasurer, the Auditor of Accounts and the Judges of the Family Court shall be ex officio members of the Board of Managers of the School.
31 Del. C. § 5310 — Delaware Code / Title 31 / Chapter 53 / Section 5310
§ Â
        5310. Commitments to School.
Status: in_force

The Board, in assenting thereto, may receive into its charge, custody or guardianship, any girl not over 18 nor under 11 years of age when committed thereto in any 1 of the following modes:

(1) The Family Court and the Superior Court may each commit to the custody of the Board any girl who is subject to the jurisdiction of such court and who is a delinquent child, as that term is defined in § 901 of Title 10.

(2) Whenever it appears to the Family Court that the best interests of a girl who is living in circumstances of manifest danger of falling into habits of vice or immorality will be served by temporary care and further study of her case, pending a final disposition thereof, the court may commit such girl to the custody of the Board for a temporary period not exceeding 3 months. At the end of the temporary period of commitment, the Court shall make final disposition of such case.
31 Del. C. § 532 — Delaware Code / Title 31 / Chapter 5 / Section 532
§ Â
        532. Supplemental and diagnostic breast examinations [For application of this section, see 84 Del. Laws, c. 121, Â 5].
Status: in_force

(a) As used in this section:

(1) “Breast magnetic resonance imaging” or “breast MRI” means a diagnostic tool, including standard and abbreviated breast MRI, that uses radio waves and magnets to produce detailed images of structures within the breast. A breast MRI may be used as a screening tool when clinically indicated, including after indeterminant results from a mammogram that requires additional evaluation and for those at high risk for breast cancer.

(2) “Breast ultrasound” means a noninvasive diagnostic tool that uses high-frequency sound waves and their echoes to produce detailed images of structures within the breast. A breast ultrasound may be used as a screening tool when clinically indicated, including after indeterminant results from a mammogram that requires additional evaluation and for those at high risk for breast cancer.

(3) “Cost-sharing requirement” means a deductible, coinsurance, or copayment and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.

(4) “Diagnostic breast examination” means a medically-necessary and clinically-appropriate examination of the breast, including such examination using breast MRI, breast ultrasound, or mammogram, that is used for either of the following:

a. To evaluate an abnormality seen or suspected from a screening examination for breast cancer.

b. To evaluate an abnormality detected by another means of examination.

(5) “Mammogram” means a diagnostic or screening mammography exam using a low-dose X-ray to produce an image of the breast.

(6) “Supplemental breast screening examination” means a medically-necessary and clinically-appropriate examination of the breast, including such examination using breast MRI, breast ultrasound, or mammogram, that is used for either of the following:

a. To screen for breast cancer when there is no abnormality seen or suspected in the breast.

b. Based on personal or family medical history or additional factors that may increase the individual’s risk of breast cancer.

(b) All carriers shall provide coverage for diagnostic breast examinations and supplemental breast screening examinations. The terms of such coverage, including cost-sharing requirements, shall be no less favorable than the cost-sharing requirements applicable to screening mammography for breast cancer.
31 Del. C. § 391 — Delaware Code / Title 31 / Chapter 3 / Subchapter VII / Section 391
§ Â
        391. Intent and purposes.
Status: in_force

The intent and purposes of this subchapter are to:

(1) Provide child day-care facilities available within this State so as to provide safe, adequate, economical care for children whose parents, guardians or custodians are employed or are seeking employment or are enrolled in training or education courses or where this service would contribute to the resolution of family problems;

(2) Secure by decentralized neighborhood management the highest attainable degree of assurance that each child day-care center will properly and economically meet the needs of those children who can make the best use of that service within their neighborhoods under supervision of the Division of Social Services consistent with the objectives in view.
31 Del. C. § 4716 — Delaware Code / Title 31 / Chapter 47 / Section 4716
§ Â
        4716. Dissolution of land bank.
Status: in_force

(a) A land bank may be dissolved within 60 calendar days after the adoption of an affirmative resolution approved by 2/3 of the membership of the board of directors authorizing such dissolution. Sixty calendar days’ advance written notice of consideration of a resolution of dissolution shall be given to the foreclosing governmental unit that created the land bank, shall be published in a local newspaper of general circulation, and shall be sent by certified mail to the trustee of any outstanding bonds of the land bank.

(b) The foreclosing governmental unit or units that created the land bank may dissolve the land bank by repeal of the local law, ordinance, resolution, or intergovernmental cooperation agreement that created the land bank under § 4705(a) or (b) of this title. Dissolution shall be effective no sooner than 60 calendar days after such repeal. Prior to dissolution, the land bank shall publish notice of the dissolution in a local newspaper of general circulation, and shall provide notice by certified mail to the trustee of any outstanding bonds of the land bank. In the event that 2 or more foreclosing governmental units created a land bank under § 4705(b) of this title, the withdrawal of 1 or more foreclosing governmental units shall not result in the dissolution of the land bank unless the intergovernmental cooperation agreement entered into under § 4705(b) of this title so provides and there is no foreclosing governmental unit that desires to continue the existence of the land bank.

(c) Upon dissolution of the land bank, all real property, personal property, and other assets of the land bank shall become assets of the foreclosing governmental unit that created the land bank.
31 Del. C. § 2823 — Delaware Code / Title 31 / Chapter 28 / Subchapter II / Section 2823
§ Â
        2823. Exclusion of persons with mental conditions; grounds for dismissal.
Status: in_force

(a) No person with a mental condition shall be admitted to the Hospital.

(b) Any patient of the Hospital who is guilty of the violation of any law of the State shall be dismissed and placed in the custody of the proper authorities. Any patient of the Hospital who becomes incorrigible shall be dismissed.
31 Del. C. § 4129 — Delaware Code / Title 31 / Chapter 41 / Subchapter III / Section 4129
§ Â
        4129. Placarding.
Status: in_force

(a) Placarding of structure. — After the condemnation notice required under this chapter has resulted in an order by virtue of failure to comply within the time given, the code official may post on the premises or structure or parts thereof, or on defective equipment, a placard bearing the words “Condemned as unfit for human occupancy or use,” and a statement of the penalties provided for any occupancy or use or for removing the placard. The owner or the person or persons responsible for the correction of violations and all other occupants shall remove themselves from the property on failure to comply with the correction order in the time specified.

(b) Use following placarding prohibited. — Any person who shall occupy a placarded premises or structure or part thereof, or shall use placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises shall be subject to the penalties set forth in § 4131(b) of this title.

(c) Removal of placard. — The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this chapter.
31 Del. C. § 4201 — Delaware Code / Title 31 / Chapter 42 / Section 4201
§ Â
        4201. Standards.
Status: in_force

All applications for public financial assistance to be used in the construction of new dwelling units shall include the extent of the proposed construction’s use of the standards of universal design found in this chapter. This chapter does not apply to redevelopment or rehabilitation of existing structures, to multi-family housing as defined by the U.S. Department of Housing and Urban Development, or to public financial assistance in the form of grants, loans, or tax credits provided to individual homeowners using the dwelling unit as a residence. During the process of appropriating the public financial assistance, the extent of the proposed construction’s use may constitute a basis of best value, and the invitation to bid must so indicate. This section is in addition to any requirements of any other statute or regulation governing the bidding and construction of dwelling units as defined.
31 Del. C. § 3002 — Delaware Code / Title 31 / Chapter 30 / Section 3002
§ Â
        3002. Chair and executive committee; meetings.
Status: in_force

(a) The Commission shall elect a Chair from among the members of the Commission.

(b) An executive committee of the Commission consists of 7 members. The Commission Chair shall serve as Chair of the executive committee. The Chair may appoint the remaining 6 executive committee members after consultation with the Commission regarding which members to appoint.

(c) The executive committee or Commission shall meet at least once a month.
31 Del. C. § 5404 — Delaware Code / Title 31 / Chapter 54 / Section 5404
§ Â
        5404. Compacts â Optional contents.
Status: in_force

A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required pursuant to § 5403 of this title, as follows:

(1) Provisions establishing procedures and entitlements to medical, developmental, child care or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof; and

(2) Such other provisions as may be appropriate or incidental to the proper administration of the compact.
31 Del. C. § 4124 — Delaware Code / Title 31 / Chapter 41 / Subchapter III / Section 4124
§ Â
        4124. Conflict of interest.
Status: in_force

No officer or employee who has an official duty in connection with the administration and enforcement of this chapter shall be financially interested in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or in making the plans or specifications therefor, unless that person is the owner of such building. No such officer or employee shall engage in any activity which is inconsistent with the public interest and the officer’s official duties.
31 Del. C. § 1009 — Delaware Code / Title 31 / Chapter 10 / Section 1009
§ Â
        1009. Jurisdiction.
Status: in_force

The Superior Court shall have original and exclusive jurisdiction over violations of this chapter.
31 Del. C. § 4023 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4023
§ Â
        4023. Remedies of bondholders and trustees.
Status: in_force

(a) Any holder of bonds issued under this chapter or any of the coupons attached thereto, and the trustee under the trust indenture, if any, except to the extent the rights given by this chapter may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may either at law or in equity by suit, action, mandamus or other proceedings protect and enforce any and all rights under the laws of the United States or of this State or granted under this chapter or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this chapter, or by such resolution or trust indenture, to be performed by DSHA or any officer thereof, including the fixing, charging and collecting of fares or charges for the use of any facility operated by DSHA.

(b) Such resolution or trust indenture may contain provisions under which any holder of such bonds or the trustee under such trust indenture shall be entitled to the appointment of a receiver in the event of a default, and any receiver so appointed shall have and be entitled to exercise all the rights and powers of DSHA with respect to the facilities operated or maintained by DSHA and all of the appropriate rights and powers of a receiver in equity.
31 Del. C. § 2802 — Delaware Code / Title 31 / Chapter 28 / Subchapter I / Section 2802
§ Â
        2802. Rights of patients.
Status: in_force

Each patient of the Hospital shall be entitled to all the patient rights set forth in subchapter II of Chapter 11 of Title 16, and all sections in said subchapter II shall apply to the patients of the Delaware Hospital for the Chronically Ill.
31 Del. C. § 4400 — Delaware Code / Title 31 / Chapter 44 / Section 4400
§ Â
        4400. Petition for custodianship.
Status: in_force

For any Delaware State Housing Authority financed housing development, as defined by § 4001(15) of this title, the Delaware State Housing Authority may petition for the establishment of a custodianship with the Court of Chancery upon the grounds that there has existed for 5 days or more after notice to the landlord and owner:

(1) A lack of heat, lack of running water, lack of light, lack of electricity or lack of adequate sewage facilities and the rental agreement or any state or local statute, code, regulation or ordinance places a duty upon the landlord to so provide;

(2) Unsound financial condition or conditions, such that operational needs are not being met, due to mismanagement and/or malfeasance or the transaction of business without proper authority in violation of Chapter 40 of this title, and/or the rules and regulations of the Delaware State Housing Authority; or

(3) Any other condition or conditions imminently dangerous to the life, health or safety of the tenants.
31 Del. C. § 4075 — Delaware Code / Title 31 / Chapter 40 / Subchapter VII / Section 4075
§ Â
        4075. Administration [For application of this section, see 84 Del. Laws, c. 352, Â 3].
Status: in_force

(a) DSHA holds primary responsibility for administering the Delaware Workforce Housing Program. DSHA’s powers and duties include:

(1) Adopting rules and procedures as needed or desirable to effectuate provisions of this subchapter.

(2) Administering, enforcing, and interpreting such rules and procedures.

(3) Allocating DWH grant funds in accordance with the provisions of this subchapter.

(4) Monitoring the implementation and operation of this subchapter.

(b) Beginning no later than November 15, 2025, and occurring every November 15 thereafter, DSHA shall issue an annual report to the Governor and the General Assembly evaluating the effectiveness of the Delaware Workforce Housing Program.

(c) DSHA may delegate to and receive assistance from other state agencies in carrying out its responsibilities of this subchapter.

(d) DSHA shall adopt regulations necessary to implement this subchapter in accordance with the procedures specified in the Administrative Procedures Act, Chapter 101 of Title 29.
31 Del. C. § 102 — Delaware Code / Title 31 / Chapter 1 / Section 102
§ Â
        102. Federal aid and reports.
Status: in_force

The Department shall, in this connection, and in order to obtain federal aid, make such reports in such form and containing such information as the federal government may require and shall comply with such provisions as the federal government may find necessary to assure the correctness and verification of such reports.
31 Del. C. § 4705 — Delaware Code / Title 31 / Chapter 47 / Section 4705
§ Â
        4705. Creation and existence.
Status: in_force

(a) A foreclosing governmental unit may create a land bank by the adoption of a local law, ordinance, or resolution, as appropriate to such foreclosing governmental unit. The foreclosing governmental unit, prior to the adoption of a local law, ordinance, or resolution creating a land bank, must make a finding that residential structures within its jurisdiction have a vacancy rate at or above 3%. Each county in this State shall have the ability to create a land bank without making such a finding. The local law, ordinance, or resolution creating the land bank shall specify all of the following:

(1) The name of the land bank.

(2) The number of members of the board of directors, which shall consist of an odd number of members, and shall be not less than 7 members. For large jurisdictional land banks, the board of directors shall consist of an odd number of members and shall not be less than 11 members nor more than 15 members.

(3) The names of the initial individuals to serve as members of the board of directors, and the length of terms for which they are to serve.

(4) The qualifications, manner of selection or appointment, and terms of office of members of the board of directors.

(b) Two or more foreclosing governmental units may enter into an intergovernmental cooperation agreement which creates a single land bank to act on behalf of such foreclosing governmental units, which agreement shall be authorized by each of the respective foreclosing governmental units in accordance with subsection (a) of this section. Such intergovernmental agreement shall include provisions for the dissolution of such land bank. In the event that a land bank is created pursuant to an agreement in accordance with this subsection, such agreement shall also specify the matters identified in subsection (a) of this section.

(c) In the event a county creates a land bank, such land bank shall have the power to acquire real property only in those portions of such county located outside of the geographical boundaries of any other land bank created by any other foreclosing governmental unit located partially or entirely within such county.
31 Del. C. § 2830 — Delaware Code / Title 31 / Chapter 28 / Subchapter III / Section 2830
§ Â
        2830. Property liable for expenses.
Status: in_force

(a) Patients at the Hospital admitted under Title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.], if found to own property, shall not be liable for expenses incurred by the Hospital for their care and support.

(b) If a husband, without sufficient cause, separates from his wife, or if a father or mother deserts his or her children so that such wife or children are admitted to the Hospital, the property of such husband, father or mother shall be liable for the expense incurred in the care and support of such wife or children.

(c) In the case of patients, other than those admitted under Title XIX, the Division shall take legal proceedings to seize the property of patients to pay for expenses incurred in their care and support.
31 Del. C. § 324 — Delaware Code / Title 31 / Chapter 3 / Subchapter II / Section 324
§ Â
        324. Confidentiality of records and immunity from suit.
Status: in_force

(a) The records of the Commission and of all committees, regional panels, Fetal and Infant Mortality Review Case Review Teams, and Community Action Teams, contractors, and volunteers, including original documents and documents produced in the review process with regard to the facts and circumstances of each death or stillbirth, are confidential and may not be released to any person except as expressly provided in subchapter II of this chapter. Such records must be used by the Commission, committees, and any regional panel or team, and its staff, contractors, and volunteers, only in the exercise of the proper function of the Commission, regional panel, or team and are not public records. Such records, together with the summary information, findings, and recommendations therefrom are not available for court subpoena or subject to discovery, are not admissible into evidence or otherwise in any civil, criminal, administrative, or judicial proceeding, and are not considered binding under claim or issue preclusion doctrines. Except where constitutional provisions require otherwise, statements, records, or information are not subject to any statute or rule that would require those statements to be disclosed in the course of a civil, criminal, or administrative trial, or associated discovery. Aggregate statistical data compiled by the Commission, regional panels, or teams, however, may be released at the discretion of the Commission or regional panels.

(b) Members of the Commission, regional panels, Case Review Teams, and Community Action Teams, and their agents or employees, including committee members, contractors, and volunteers are not subject to, and are immune from, claims, suits, liability, damages, or any other recourse, civil or criminal, arising from or relating to any act, omission, proceeding, decision, determination, finding, or recommendation made in the performance of their duties under § 323 of this title, provided such persons acted in good faith and without malice in carrying out their responsibilities, authority, duties, powers, and privileges of the offices conferred by this law upon them or by any other provisions of the Delaware law, federal law, or regulations, or duly adopted rules and regulations of the Commission or its regional panels or teams. Complainants bear the burden of proving malice or a lack of good faith to defeat the immunity provided by this subsection.

(c) A person in attendance at a meeting of the Commission, or any of its committees, regional panels, Case Review Teams, or Community Action Teams may not be required to testify as to what transpired at such meeting in any forum including any civil, criminal, administrative, or judicial proceeding. An organization, institution, or person furnishing information, data, reports, or records to the Commission or any regional panel or team with respect to any subject examined or treated by such organization, institution, or person, by reason of furnishing such information, is not liable in damages to any person or subject to any other recourse, civil or criminal.
31 Del. C. § 4122 — Delaware Code / Title 31 / Chapter 41 / Subchapter III / Section 4122
§ Â
        4122. General provisions.
Status: in_force

This subchapter shall govern the administration and enforcement procedures of the State Housing Code. Any municipality or county that adopts the Code as its own may use these administrative and enforcement procedures as its own or may develop procedures which are similar in nature as determined by the Code official.
31 Del. C. § 4514 — Delaware Code / Title 31 / Chapter 45 / Section 4514
§ Â
        4514. Actions or proceedings; proof of adoption of resolutions as evidence.
Status: in_force

In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of or bonds issued by an authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers under this chapter upon proof of the adoption of the appropriate resolution prescribed in § 4503 or § 4505 of this title. Each such resolution shall be deemed sufficient if it authorizes the exercise of powers under this chapter by the authority or other public body and finds in substantially the terms provided in § 4504 of this title (no further detail being necessary) that the conditions therein enumerated exist. A copy of such resolution duly certified by the municipal or county clerk, as the case may be, shall be admissible in evidence in any suit, action or proceeding.
31 Del. C. § 2821 — Delaware Code / Title 31 / Chapter 28 / Subchapter II / Section 2821
§ Â
        2821. Organization and operation of Hospital.
Status: in_force

(a) The Department of Health and Social Services shall maintain the Hospital and provide for the care and support of the inmates with due regard for their comfort and well-being.

(b) Facilities shall be afforded to the patients for their educational improvement, including edifying and inspirational entertainment and healthful recreation.

(c) Such methods in general shall be employed by the Department of Health and Social Services as will provide good order, fraternal relations and self-respect among the inmates, under humane and helpful regulations, with special reward for meritorious service and gentle reproof or reasonable restraint for misbehavior, as each particular case may warrant. No member of the Department of Health and Social Services and no person holding a position under the Department of Health and Social Services shall have any pecuniary interest, directly or indirectly, in the purchase of supplies of any kind for said Hospital and its inmates or in expenditures authorized by the Department of Health and Social Services for any purpose in connection with said Hospital and its inmates.
31 Del. C. § 603 — Delaware Code / Title 31 / Chapter 6 / Subchapter I / Section 603
§ Â
        603. State responsibilities for food stamp program.
Status: in_force

The State, through the Department of Health and Social Services, shall budget and/or administer the following facets of the food stamp program:

(1) File plan of operation for USDA approval;

(2) Certify applicant, individuals and households;

(3) Accept, store and protect coupons after delivery to receiving points within the State;

(4) Provide for issuance of food stamps after certification of applicants; such methods and/or places of issuance may include United States Postal Service, county offices or branches of the Department of Health and Social Services, federal credit unions in this State, and any bank in the State;

(5) Control and account for stamps;

(6) Promulgate an outreach program for potentially eligible households or individuals;

(7) Cooperate with other state agencies, federal agencies or private agencies in nutritional education efforts.

(8) Develop and implement, to the extent permitted by applicable federal law, eligibility requirements and sanctions for the violation thereof for recipients of food stamps who are also recipients of assistance under the Temporary Assistance for Needy Families program, which are consistent with the eligibility requirements and sanctions established by the Department pursuant to §§  503(d) and 512(1) of this title.
31 Del. C. § 4521 — Delaware Code / Title 31 / Chapter 45 / Section 4521
§ Â
        4521. Submission of plan for review and recommendations.
Status: in_force

Prior to recommending a redevelopment plan to the governing body for approval, an authority shall submit such plan to the planning commission of the community in which the redevelopment project area is located for review and recommendations as to its conformity with the general plan for the development of the community as a whole. The planning commission shall submit its written recommendations with respect to the proposed redevelopment plan to the authority within 30 days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission or, if no recommendations are received within the 30 days, then without such recommendations, an authority may recommend the redevelopment plan to the governing body of the community for approval.
31 Del. C. § 109 — Delaware Code / Title 31 / Chapter 1 / Section 109
§ Â
        109. Annual report.
Status: in_force

The Department, annually, shall make a report that shall include:

(1) A list of the officers and agents employed;

(2) The conditions of institutions under its supervision;

(3) A statement of the year’s work; and

(4) Complete and comprehensive information relating to all welfare work performed, together with any recommendation the Department may desire to make.
31 Del. C. § 5110 — Delaware Code / Title 31 / Chapter 51 / Section 5110
§ Â
        5110. Separate operation.
Status: in_force

(a) The Department shall operate a separate department for the proper transportation, care and detention of any juvenile detained by authority of law.

(b) In the operation of the Detention Department the Department shall have all of the powers listed in § 5106 of this title.
31 Del. C. § 5104 — Delaware Code / Title 31 / Chapter 51 / Section 5104
§ Â
        5104. Annual report to the Governor and to the General Assembly.
Status: in_force

The Department shall make an annual report to the Governor and to the General Assembly of its activities and operations and shall include its receipts and expenditures and such recommendations as it may deem appropriate in detail as to fully inform the Governor and the General Assembly or such other legally authorized agency of this State.
31 Del. C. § 510 — Delaware Code / Title 31 / Chapter 5 / Section 510
§ Â
        510. Recipients to report acquisition of resources.
Status: in_force

If at any time during the period assistance payments are being made to any person, such person becomes possessed of any property, real or personal, or of any income in excess of the amount of such property and income last declared by such person to the Department, such person shall notify the Department promptly concerning the receipt and possession of such property or income and the Department shall, in accordance with rules established by it, reconsider the eligibility of such person to receive such assistance or the amount of assistance to which entitled, according to the circumstances. Any excess paid to any person by reason of such person’s failure to report as required by this section shall be recoverable in a civil action against such person or against such person’s estate.
31 Del. C. § 307 — Delaware Code / Title 31 / Chapter 3 / Subchapter I / Section 307
§ Â
        307. Bringing or sending nonresident children into State regulated; penalty.
Status: in_force

(a) No person or corporation of this State or any child placement agency or association operating within this State or any bureau, board or commission of this State or any person, institution, agency, association, corporation, bureau, board or commission without this State shall bring or send into this State or in any way assist in the bringing or sending into this State of any dependent child who is a resident of another state, United States territory or country for the purpose of placing or procuring placement of such child in any way free, wage or boarding home or for adoption without the written consent of the Department of Services for Children, Youth and Their Families having first been obtained, and such person, agency, institution, association, corporation, board or commission shall abide by all rules laid down by the Department of Services for Children, Youth and Their Families.

(b) Whoever violates subsection (a) of this section shall be fined not more than $100; and

Whoever continues to so violate for a period of 10 days after notification from the Department of Services for Children, Youth and Their Families shall be guilty of a new, separate and distinct offense and shall be fined for each offense not less than $100 nor more than $1,000.
31 Del. C. § 612 — Delaware Code / Title 31 / Chapter 6 / Subchapter II / Section 612
§ Â
        612. Definitions.
Status: in_force

As used in this subchapter:

(1) “Access device” means any card, plate, code, account number or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be used to initiate a transfer of funds under the federal Food Stamp Act [7 U.S.C. § 2011 et seq.] or regulations issued pursuant to the Food Stamp Act.

(2) “Value” means the sum of the face value of all food stamp coupons, ATPs or access devices possessed, transferred or converted from 1 scheme or course of conduct, whether from 1 or several rightful possessors, at the same or different times and which may constitute a single criminal episode. The face values may be aggregated in determining the grade of offense.
31 Del. C. § 2703 — Delaware Code / Title 31 / Chapter 27 / Section 2703
§ Â
        2703. Powers.
Status: in_force

(a) The Department of Health and Social Services may do whatever is necessary and proper to carry out the purposes of this chapter.

(b) The Department of Health and Social Services may receive funds from any source whatsoever and may expend such funds in accordance with law.

(c) The Department of Health and Social Services, in addition to its other powers and duties, may conduct studies directly or indirectly affecting children and youth, including their physical and mental health and well-being, and may determine what action is needed to combat physical and mental disabilities generally.
31 Del. C. § 4543 — Delaware Code / Title 31 / Chapter 45 / Section 4543
§ Â
        4543. Inconsistent provisions.
Status: in_force

Insofar as this chapter is inconsistent with any other law, this chapter shall be controlling.
31 Del. C. § 528 — Delaware Code / Title 31 / Chapter 5 / Section 528
§ Â
        528. Coverage for epinephrine autoinjectors.
Status: in_force

(a) For purposes of this section, “epinephrine autoinjector” means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.

(b) Carriers shall provide coverage for medically-necessary epinephrine autoinjectors.
31 Del. C. § 2820 — Delaware Code / Title 31 / Chapter 28 / Subchapter II / Section 2820
§ Â
        2820. Jurisdiction over Hospital; rules and regulations; power to contract.
Status: in_force

The Department of Health and Social Services shall have full jurisdiction and control over the Hospital and its patients. It may adopt and enforce rules and regulations for the exercise of its powers and the performance of its duties, and may adopt such rules and regulations to permit participation in federal and other programs for the benefit of patients and the State. The Department of Health and Social Services shall also have the power to enter into contracts in the name of the State for the erection of additional buildings and facilities and for their appointment and equipment.
31 Del. C. § 4515 — Delaware Code / Title 31 / Chapter 45 / Section 4515
§ Â
        4515. Interest in contracts; disclosure of interest; violations.
Status: in_force

No commissioner or employee of an authority shall voluntarily acquire any interest, direct or indirect, in any redevelopment project or in any property included or planned by the authority to be included in any such project, or in any contract or proposed contract in connection with any such project. Where the acquisition is not voluntary, such commissioner or employee shall immediately disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. If any commissioner or employee of an authority presently owns or controls or owned or controlled within the preceding 2 years an interest, direct or indirect, in any property included or planned by the authority to be included in any redevelopment project, the commissioner or employee immediately shall disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such commissioner or employee shall not participate in any action by the authority affecting such property. Any violation of this section shall constitute misconduct in office.
31 Del. C. § 363 — Delaware Code / Title 31 / Chapter 3 / Subchapter V / Section 363
§ Â
        363. The Elizabeth W. Murphey School, Inc. â Powers over children in custody of School; discharge and appeal.
Status: in_force

The Elizabeth W. Murphey School, Inc., in which any such child is placed and to which it is surrendered and delivered, shall have the exclusive custody and control and all rights of a parent, in, to and over such child and its services during the term for which such child shall be surrendered and delivered, not exceeding the minority of such child, and the School shall assume all the duties, liabilities and responsibilities of a parent. The School may discharge any child at any time if for any reason the directors of the School shall deem such discharge for the interest of the School or for the interest of such child or for the interest of the other children under the charge of the School. If at any time after a child is placed under the charge and control of the School, the parents, siblings or other near relative of the child shall make written application to the School for the discharge of such child, stating the reasons therefor, and such application is refused, the applicant shall have a right to appeal to the Resident Judge of the Superior Court in Kent County, and, if the Resident Judge, after hearing the facts, is of the opinion that there is good and sufficient cause for the release applied for and that it would be for the best interest of the child, an order shall be made accordingly. Upon any discharge being made, immediate notice thereof shall be given in writing to the parents, siblings or other near relative of the child, and thereafter the School shall have no further rights to, in or over such child and shall be under no further obligations in respect to such child.
31 Del. C. § 4108 — Delaware Code / Title 31 / Chapter 41 / Subchapter I / Section 4108
§ Â
        4108. Enforcement authority.
Status: in_force

It shall be the duty and responsibility of each community to enforce the State Housing Code throughout the confines of that municipality or county.
31 Del. C. § 112 — Delaware Code / Title 31 / Chapter 1 / Section 112
§ Â
        112. Federal financial participation.
Status: in_force

The State Treasurer shall receive all money paid to the State by the Secretary of the Treasury of the United States on account of assistance, services and administration, provided under this chapter and under Chapter 5 of this title, and make payments from such moneys and moneys appropriated under such chapters in accordance with the provisions thereof and with the provisions of the United States Social Security Act [42 U.S.C. § 301 et seq.].
31 Del. C. § 5312 — Delaware Code / Title 31 / Chapter 53 / Section 5312
§ Â
        5312. Confinement of delinquents.
Status: in_force

(a) If any girl in the charge, custody or guardianship of the School shall be guilty of an attempt to set fire to any building, or to any combustible matter for that purpose, or of openly resisting the lawful authority of any officer or agent of the School, or of attempting to incite others to do so or shall by gross or habitual misconduct exert a dangerous and pernicious influence over the girls so in charge, custody or guardianship of the School, the School, when such case arises, may through its proper officers submit a written statement of the facts to the Superior Court in and for New Castle County and apply for an order authorizing a temporary confinement of such delinquent in the New Castle County Workhouse.

(b) The Court shall forthwith inquire into the facts, and if it appears that the allegations in the statement are substantially true, and that the ends desired to be accomplished by the School will be best promoted thereby the Court shall make an order authorizing the confinement of such delinquent in the Workhouse for a time to be limited and expressed in the order, and the Board of Trustees of the Workhouse shall receive such delinquent and detain her during the time expressed in such order.

(c) At the expiration of the time limited, or sooner if the Court shall so order upon a further application, the Board of Trustees of the Workhouse shall, with the assent of the School, return such delinquent to the charge, custody or guardianship of the School.
31 Del. C. § 4510 — Delaware Code / Title 31 / Chapter 45 / Section 4510
§ Â
        4510. Compensation; traveling expenses; certificate of appointment filed with municipal or county clerk; evidence.
Status: in_force

A commissioner of an authority shall receive no compensation for services, but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of the commissioner’s duties. Each commissioner shall hold office until a successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the municipal or county clerk, as the case may be, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.
31 Del. C. § 301 — Delaware Code / Title 31 / Chapter 3 / Subchapter I / Section 301
§ Â
        301. Definitions.
Status: in_force

As used in this chapter:

(1) “Abuse” or “abused child” is as defined in § 901 of Title 10.

(2) “Child” means a person who has not yet attained the child’s eighteenth birthday.

(3) “Delinquent child” means a child who commits an act which if committed by an adult would constitute a crime.

(4) “Dependency” or “dependent child” is as defined in § 901 of Title 10.

(5) “Maternal death” means the death of a person during pregnancy or within a year from the end of pregnancy. “Maternal death” includes pregnancy-related death and pregnancy-associated death.

(6) “Near death” means a child in serious or critical condition as a result of child abuse or neglect as certified by a physician.

(7) “Neglect” or “neglected child” is as defined in § 901 of Title 10.

(8) “Truancy” or “truant” shall refer to a pupil enrolled in grades kindergarten through 12 inclusive who has been absent from school without a valid excuse, as defined in the rules and regulations of the district board of education of the school district in which the pupil is or should be enrolled pursuant to the provisions of Title 14, or in the case of a pupil enrolled in a charter school, by the board of directors of the charter school, for more than 3 days or the equivalent thereof during a given school year.
31 Del. C. § 4709 — Delaware Code / Title 31 / Chapter 47 / Section 4709
§ Â
        4709. Acquisition of property.
Status: in_force

(a) The land bank may acquire real property or interests in real property by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner the land bank considers proper.

(b) The land bank shall not own or hold real property located outside the jurisdictional boundaries of the foreclosing governmental unit or units that created the land bank; provided, however, that a land bank may be granted authority pursuant to an intergovernmental cooperation agreement with another foreclosing governmental unit to manage and maintain real property located within the jurisdiction of such other foreclosing governmental unit.

(c) Notwithstanding any other provision of law to the contrary, any foreclosing governmental unit may convey to a land bank real property and interests in real property on such terms and conditions, form and substance of consideration, and procedures, all as determined by the transferring foreclosing governmental unit in its discretion.

(d) The land bank shall maintain and make available for public review and inspection a complete inventory of all property owned by the land bank. Such inventory shall include: the location of the parcel; the purchase price, if any, for each parcel; the identity of the transferor to the land bank; and any conditions or restrictions applicable to the property.

(e) The land bank shall hold in its own name all real property acquired by the land bank irrespective of the identity of the transferor of such property.
31 Del. C. § 5221 — Delaware Code / Title 31 / Chapter 52 / Subchapter III / Section 5221
§ Â
        5221. Juvenile compact administrator.
Status: in_force

Pursuant to the Interstate Compact on Juveniles, the Governor is hereby authorized and empowered to designate the Secretary of the Department of Services for Children, Youth and Their Families to be the Compact administrator or to authorize the Secretary to designate an employee of the Department to be the Compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the Compact. The Compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the Compact or of any supplementary agreement or agreements entered into by this State hereunder.
31 Del. C. § 4116 — Delaware Code / Title 31 / Chapter 41 / Subchapter II / Section 4116
§ Â
        4116. Plumbing facilities and fixtures requirements.
Status: in_force

(a) In general. — Every dwelling unit shall include its own plumbing facilities which are in proper operating condition, can be used in privacy and are adequate for personal cleanliness and the disposal of human waste.

(b) Water closet and lavatory. — Every dwelling unit shall contain a lavatory and a water closet supplied with cold running water. The water closet shall not be located in a habitable room. The lavatory may be placed in the same room as the water closet, or, if located in another room, the lavatory shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory shall be supplied with hot and cold running water.

(c) Bathtub or shower. — Every dwelling unit shall contain a room which affords privacy to a person in said room and which is equipped with a bathtub or shower supplied with hot and cold running water.

(d) Sink. — Every dwelling unit shall contain a kitchen sink apart from the lavatory required under subsection (b) of this section and shall be supplied with hot and cold running water.

(e) Rooming house. — At least 1 water closet, lavatory basin and bathtub or shower properly connected to an approved water and sewer system and in good working condition shall be supplied for each 4 rooms within a rooming house, wherever said facilities are shared. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times.

(f) Hotels. — Where private water closets, lavatories, and baths are not provided, 1 water closet, 1 lavatory and 1 bathtub accessible from a public hallway shall be provided on each floor. Each lavatory, bathtub or shower shall be supplied with hot and cold water at all times.

(g) Toilet rooms and bathrooms — Privacy. — Toilet rooms and bathrooms shall be designed and arranged to provide privacy.

(h) Toilet rooms and bathrooms — Direct access. — Toilet rooms and bathrooms shall not be used as a passageway to a hall or other space or to the exterior. At least 1 toilet room or bathroom in a dwelling unit shall be accessible from any sleeping room without passing through another sleeping room.

(i) Toilet rooms and bathrooms — Location on same story. — Toilet rooms and bathrooms serving hotel units, lodging units or dormitory units, unless located within such respective units, or directly connected thereto, shall be provided on the same story with such units and be accessible only from a common hall or passageway.

(j) Toilet rooms and bathrooms — Floors. — Bathrooms and toilet rooms shall be provided with floors of moisture resistant material.

(k) Connections. — Water supply lines, plumbing fixtures, vents and drains shall be properly installed, connected and maintained in working order and shall be kept free from obstructions, leaks and defects and capable of performing the function for which they are designed.

(l) Maintained clean and sanitary. — All plumbing facilities shall be maintained in a clean and sanitary condition by the occupant so as not to breed insects and rats or produce dangerous or offensive gases or odors.

(m) Access for cleaning. — Plumbing fixtures shall be installed so as to permit easy access for cleaning both the fixtures and the areas about them.

(n) Water conservation. — Plumbing fixtures which are replaced shall be of water saving construction and use.

(o) Contamination. — The water supply shall be maintained free from contamination and all water inlets for plumbing fixtures shall be located above the overflow rim of the fixture.

(p) Supply. — The water supply systems shall be installed and maintained to provide at all times a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable them to function satisfactorily.

(q) Water heating facilities. — Water heating facilities shall be properly installed, properly maintained and properly connected with hot water lines to the fixtures required to be supplied with the hot water. Water heating facilities shall be capable of heating water to such a temperature so as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower and laundry facility or other similar units at a temperature of not less than 110° F.

(r) Connections. — Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other facility shall be properly connected to either a public sewer system or to an approved private sewage disposal system.

(s) Maintenance. — Every plumbing stack, waste and sewer line shall be so installed and maintained as to function properly and shall be kept free from obstructions, leaks and defects to prevent structural deterioration or health hazards.

(t) Storm drainage. — An approved system of storm water disposal shall be provided and maintained for the safe and efficient drainage of roofs and paved areas, yards and courts and other open areas on the premises.
31 Del. C. § 5307 — Delaware Code / Title 31 / Chapter 53 / Section 5307
§ Â
        5307. Instruction of inmates.
Status: in_force

The School shall cause the girls under its charge to be instructed in the branches of useful knowledge adapted to their age and capacity and in household employment, needlework and such other forms of industry as may be suited to their sex, age, strength and disposition and as may be best adapted to secure their improvement and future welfare. The School shall have regard to the character of those to whom the girls are entrusted, either in private homes or elsewhere, that they may secure to them the benefits of good example, wholesome instruction, improvement in virtue and knowledge and the opportunity to become intelligent, moral and useful members of society.
31 Del. C. § 356 — Delaware Code / Title 31 / Chapter 3 / Subchapter IV / Section 356
§ Â
        356. Kinship Care Program.
Status: in_force

(a) The Department of Services for Children, Youth and Their Families (DSCYF) and the Department of Health and Social Services shall establish and operate the Kinship Care Program that promotes the placement of children with relatives when a child needs out-of-home placement, when such placement is in the best interest of the child, and when the child is not in the custody or care of the State.

(b) The Kinship Care Program shall establish eligibility guidelines for kinship caregivers to qualify for kinship care benefits and services, including the following criteria:

(1) The caregiver must be related to the child by blood or marriage within the fifth degree of consanguinity;

(2) The caregiver must have guardianship of the child or actively pursue guardianship;

(3) The child must reside in the home of the caregiver;

(4) The caregiver must have income of no more than 200% of the federal poverty level; and

(5) The parent or parents of a child in the kinship care program may not reside in the home of the kinship caregiver.

(c) The Kinship Care Program shall partner with the Delaware Helpline to maintain a toll-free telephone line that kinship caregivers and other interested persons may call as a centralized source of information about services provided by the kinship care program and other related services and resources for relatives caring for children.

(d) The Department of Services for Children, Youth, and Their Families, in cooperation with the Department of Health and Social Services, shall establish and administer an emergency fund for eligible kinship caregivers, who may receive a 1-time emergency financial subsidy, within the limits of available funding, to assist in purchasing clothes, furniture and other items necessary to prepare the household to accommodate the child or children.

(e) The Department of Health and Social Services and the Department of Services for Children, Youth, and Their Families shall promulgate rules and regulations that are reasonable and necessary to establish or administer a kinship care program and that are consistent with the laws of the State and in harmony with the recommendations of the Kinship Care Taskforce Report of January, 2001.
31 Del. C. § 506 — Delaware Code / Title 31 / Chapter 5 / Section 506
§ Â
        506. Duplication of assistance.
Status: repealed

No person shall receive assistance for the same period under more than 1 of the categories of assistance listed in § 505(1-3) of this title, including assistance to the needy blind, if the payment of such assistance would be inconsistent with any requirement for federal aid with respect thereto as set forth in rules and regulations of the Department and the Delaware Commission for the Blind [repealed].
31 Del. C. § 4512 — Delaware Code / Title 31 / Chapter 45 / Section 4512
§ Â
        4512. Officers; employees; duties and compensation; legal services.
Status: in_force

The commissioners of an authority shall elect a chairperson and vice-chairperson from among the commissioners. An authority may employ an executive director, technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may, with the approval of the governing body, call upon the chief law officer of the communities within its area of operation or it may employ its own counsel and legal staff. An authority may delegate to 1 or more of its agents or employees such powers or duties as it may deem proper.
31 Del. C. § 4504 — Delaware Code / Title 31 / Chapter 45 / Section 4504
§ Â
        4504. Resolutions.
Status: in_force

The governing body of a community shall not adopt a resolution pursuant to § 4503 of this title unless it finds that:

(1) One or more slum or blighted areas (as defined in § 4501 of this title) exist in such community; and

(2) The redevelopment of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of such community.
31 Del. C. § 4012 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4012
§ Â
        4012. Seal of DSHA.
Status: in_force

DSHA shall have a corporate seal in the form of a circle bearing the arms of the State in the center and the name of DSHA in the border. All deeds, contracts or other obligations, certificates or other instruments executed, including bonds which are provided for in § 4017 of this title, made or issued on behalf of DSHA, shall bear the signature of the Housing Director and have impressed or imprinted thereupon the seal of DSHA, or facsimile thereof, and when so appearing shall be conclusively presumed in any judicial action or proceeding the valid act and deed of DSHA. The presumptions set forth in this provision shall also apply to all bonds executed pursuant to § 4016 of this title.
31 Del. C. § 5223 — Delaware Code / Title 31 / Chapter 52 / Subchapter III / Section 5223
§ Â
        5223. Financial arrangements.
Status: in_force

The Compact administrator, subject to the approval of the State Treasurer, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this State by the Compact or by any supplementary agreement entered into thereunder.
31 Del. C. § 309 — Delaware Code / Title 31 / Chapter 3 / Subchapter I / Section 309
§ Â
        309. Background checks for child-serving entities and other organizations [Effective July 1, 2026].
Status: repealed

(a) A background check for employees or volunteers of child-serving entities and members of school boards shall consist of a fingerprinted Delaware and national background check completed by the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI) as well as a Child Protection Registry check completed by the Department of Services for Children, Youth and Their Families (DSCYF).

(b) Definitions. — For purposes of this section:

(1) “Administrator of educator preparation program” means the individual identified by the higher education institution as being responsible for overseeing the placement of candidates into student teaching placements in a Delaware public school.

(2) “Adult who is impaired” shall have the meaning as defined in § 3902 of this title.

(3) “Child Protection Registry” as used in this section, shall have the meaning as defined in § 921 of Title 16.

(4) “Child-serving entity” means:

a. The DSCYF, which includes any employee or volunteer of DSCYF or 1 of its contractors who have regular direct access to children or adolescents under the age of 18, but who do not provide child-care services at a facility under paragraph (b)(4)b. of this section.

b. Residential child-care facilities in Delaware which are under contract with or operated directly by DSCYF.

c. Public schools and the Department of Education.

d. Child-care facilities required to be licensed under Chapter 30A of Title 14. The requirements of this section are in addition to, and not a substitute for, any other requirements relating to child-care facilities that exist in federal or state law.

e. Youth camps or summer schools that are exempt from child-care licensing requirements.

f. Facilities and individuals registered and eligible for Federal Child Care Development Block Grant funds through the Delaware Department of Health and Social Services.

g. Early intervention service providers as defined under § 3103A of Title 14.

(5) “Contractor” means a person, not an employee, providing services or seeking a contract to provide services within a child-serving entity and any of the following apply to the person:

a. Has regular direct access to children.

b. Provides services directly to a child or children.

(6) “Conviction” or “convicted” shall have the same meaning as defined in § 902 of Title 16.

(7) “Direct access” means the opportunity to have personal, unsupervised contact with persons receiving care or education during the course of one’s assigned duties.

(8) “Elderly person” shall have the meaning as defined in § 222 of Title 11.

(9) “Employee” means any person seeking employment for compensation with a child-serving entity, or any person who for any reason has regular direct access to children at a child-serving entity. This definition shall also include applicants wishing to become adoptive, foster, or respite parents and their adult household members and any person seeking a student teaching placement in a public school.

(10) “Felony convictions involving physical or sexual assault crimes” shall include: §§ 604-607, 612-613, 626, 629-636, 645, 651, 768-780, 782-783A, 785, 787, 802, 803,1100A-1102, 1103A-1103D, 1105, 1108-1112B of Title 11, felony convictions of § 1103E of Title 11, felony convictions of § 1136 of Title 16, and felony convictions of § 3913(c) of Title 31.

(11) “Higher education institution” means a Delaware college or university that has a teacher preparation program that places candidates into student teaching placements in a Delaware public school.

(12) “Member of a school board” means a candidate, prospective, or current member of the State Board of Education, or the board of a public school district, vocational-technical school district, or charter school.(a) A background check for employees or volunteers of child-serving entities and members of school boards shall consist of a fingerprinted Delaware and national background check completed by the State Bureau of Identification (SBI) and the Federal Bureau of Investigation (FBI) as well as a Child Protection Registry check completed by the Department of Services for Children, Youth and Their Families (DSCYF).

(b) Definitions. — For purposes of this section:

(1) “Administrator of educator preparation program” means the individual identified by the higher education institution as being responsible for overseeing the placement of candidates into student teaching placements in a Delaware public school.

(2) “Adult who is impaired” shall have the meaning as defined in § 3902 of this title.

(3) “Child Protection Registry” as used in this section, shall have the meaning as defined in § 921 of Title 16.

(4) “Child-serving entity” means:

a. The DSCYF, which includes any employee or volunteer of DSCYF or 1 of its contractors who have regular direct access to children or adolescents under the age of 18, but who do not provide child-care services at a facility under paragraph (b)(4)b. of this section.

b. Residential child-care facilities in Delaware which are under contract with or operated directly by DSCYF.

c. Public and private schools, including employees of the Department of Education.

d. Child-care providers as defined in § 3002A of Title 14.

e. Youth camps or summer schools that are exempt from child-care licensing requirements.

f. Facilities and individuals registered and eligible for Federal Child Care Development Block Grant funds through the Delaware Department of Health and Social Services.

g. Early intervention service providers as defined under § 3103A of Title 14.

(5) “Contractor” means a person, not an employee, providing services or seeking a contract to provide services within a child-serving entity and any of the following apply to the person:

a. Has regular direct access to children.

b. Provides services directly to a child or children.

(6) “Conviction” or “convicted” shall have the same meaning as defined in § 902 of Title 16.

(7) “Direct access” means the opportunity to have personal, unsupervised contact with persons receiving care or education during the course of one’s assigned duties.

(8) “Elderly person” shall have the meaning as defined in § 222 of Title 11.

(9) “Employee” means any person seeking employment for compensation with a child-serving entity, or any person who for any reason has regular direct access to children at a child-serving entity. This definition shall also include applicants wishing to become adoptive, foster, or respite parents and their adult household members and any person seeking a student teaching placement in a public school.

(10) “Felony convictions involving physical or sexual assault crimes” shall include: §§ 604-607, 612-613, 626, 629-636, 645, 651, 768-780, 782-783A, 785, 787, 802, 803,1100A-1102, 1103A-1103D, 1105, 1108-1112B of Title 11, felony convictions of § 1103E of Title 11, felony convictions of § 1136 of Title 16, and felony convictions of § 3913(c) of Title 31.

(11) “Higher education institution” means a Delaware college or university that has a teacher preparation program that places candidates into student teaching placements in a Delaware public school.

(12) “Member of a school board” means a candidate, prospective, or current member of the State Board of Education, or the board of a public school district, vocational-technical school district, or charter school.

(13) “Misdemeanor convictions against children” shall include: §§ 601-603, 611, 621, 625-628A,763, 764, 765, 766, 767, 781, 785, 1102, 1103, 1106, 1107 of Title 11, misdemeanor convictions of § 1103E of Title 11, and misdemeanor convictions of § 1136 of Title 16.

(14) “Private school” means a school having any or all of grades kindergarten through 12, operating under a board of trustees and maintaining a faculty and plant which are properly supervised.

(15) “Public school” means any public school and includes any board of education, school district, reorganized school district, special school district, charter school or charter school board and any person acting as an agent thereof.

(16) “Student teacher” means an individual participating in a student teaching placement.

(17) “Student teaching placement” means a structured, supervised classroom teaching, internship, clinical or field experience in a teacher education program in which the student teacher practices the skills being learned in the teacher education program and gradually assumes increased responsibility for instruction, classroom management, and other related duties for a class of students in a local school district or charter school. These skills are practiced under the direct supervision of the certified teacher who has official responsibility for the class. Successful completion of a student teaching placement may be used to meet the requirements for an initial license set forth in § 1210 of Title 14.

(18) “Volunteer” means a person providing volunteer services within a child-serving entity and who has regular direct access to children.

(19) “Youth camp” means a child-serving entity having custody or control of 1 or more school-age children, unattended by parent or guardian, for the purpose of providing a program of recreational, athletic, educational and/or religious instruction or guidance and operates for up to 12 weeks for 3 or more hours per day, during the months of May through September or some portion thereof, or during holiday breaks in the course of a school year and is operated in a space or at a location other than a space or location subject to licensing pursuant to§ 3004A of Title 14.

(c) Except as provided in paragraph (c)(4) of this section, all child-serving entities are required to obtain criminal and Child Protection Registry checks for prospective employees, volunteers, and contractors. Members of school boards must obtain criminal and Child Protection Registry checks under § 209 or § 511 of Title 14.

(1) The SBI shall furnish information pertaining to the identification and criminal history record of prospective employees, volunteers, and contractors of child-serving entities, and members of school boards, except as otherwise allowed or required, provided that the prospective board member, employee, volunteer, or contractor submits to a reasonable procedure established by standards set forth by the Superintendent of State Police to identify the person whose record is sought. This procedure must include the fingerprinting of the individual subject to a criminal background check and the provision of such other information as may be necessary to obtain a report of the individual’s entire criminal history record from SBI and a report of the individual’s entire federal criminal history record under the FBI appropriation of Title II of Public Law 92-544. Notwithstanding any provision to the contrary, the information to be furnished by SBI shall include child sex abuser information. The Division of State Police shall be the intermediary for purposes of this section.education institution” means a Delaware college or university that has a teacher preparation program that places candidates into student teaching placements in a Delaware public school.

(12) “Member of a school board” means a candidate, prospective, or current member of the State Board of Education, or the board of a public school district, vocational-technical school district, or charter school.

(13) “Misdemeanor convictions against children” shall include: §§ 601-603, 611, 621, 625-628A,763, 764, 765, 766, 767, 781, 785, 1102, 1103, 1106, 1107 of Title 11, misdemeanor convictions of § 1103E of Title 11, and misdemeanor convictions of § 1136 of Title 16.

(14) “Public school” means any public school and includes any board of education, school district, reorganized school district, special school district, charter school or charter school board and any person acting as an agent thereof.

(15) “Student teacher” means an individual participating in a student teaching placement.

(16) “Student teaching placement” means a structured, supervised classroom teaching, internship, clinical or field experience in a teacher education program in which the student teacher practices the skills being learned in the teacher education program and gradually assumes increased responsibility for instruction, classroom management, and other related duties for a class of students in a local school district or charter school. These skills are practiced under the direct supervision of the certified teacher who has official responsibility for the class. Successful completion of a student teaching placement may be used to meet the requirements for an initial license set forth in § 1210 of Title 14.

(17) “Volunteer” means a person providing volunteer services within a child-serving entity and who has regular direct access to children.

(18) “Youth camp” means a child-serving entity having custody or control of 1 or more school-age children, unattended by parent or guardian, for the purpose of providing a program of recreational, athletic, educational and/or religious instruction or guidance and operates for up to 12 weeks for 3 or more hours per day, during the months of May through September or some portion thereof, or during holiday breaks in the course of a school year and is operated in a space or at a location other than a space or location subject to licensing under Chapter 30A of Title 14.

(c) All child-serving entities are required to obtain criminal and Child Protection Registry checks for prospective employees, volunteers, and contractors. Members of school boards must obtain criminal and Child Protection Registry checks under § 209 or § 511 of Title 14.

(1) The SBI shall furnish information pertaining to the identification and criminal history record of prospective employees, volunteers, and contractors of child-serving entities, and members of school boards, except as otherwise allowed or required, provided that the prospective board member, employee, volunteer, or contractor submits to a reasonable procedure established by standards set forth by the Superintendent of State Police to identify the person whose record is sought. This procedure must include the fingerprinting of the individual subject to a criminal background check and the provision of such other information as may be necessary to obtain a report of the individual’s entire criminal history record from SBI and a report of the individual’s entire federal criminal history record under the FBI appropriation of Title II of Public Law 92-544. Notwithstanding any provision to the contrary, the information to be furnished by SBI shall include child sex abuser information. The Division of State Police shall be the intermediary for purposes of this section.

(2) Any person who is required to request a Child Protection Registry check under this section shall obtain a statement signed by the prospective board member, employee, volunteer, or contractor wherein the individual authorizes a full release for the person to obtain the information provided as a result of a check. The DSCYF will process a Child Protection Registry check of the individual upon receipt of the signed statement which shall be attached to the request from the person for the Child Protection Registry check.

(3), (4) [Repealed.]

(5) Costs associated with obtaining criminal history information and Child Protection Registry information are borne by the applicant, except as follows:

a. Public schools may use funds other than state funds to pay for criminal background check costs and may enter into consortia of school districts to pay such costs for persons covered by this section who work in more than 1 school district during the course of a year.

b. A candidate for election to a school board may use campaign funds to pay for background check costs under § 1075 of Title 14.

c. The Department of Education and DSCYF may pay for background check costs for prospective or current employees.

d. The State shall bear the costs of background checks for applicants to child-care facilities required to be licensed under Chapter 30A of Title 14.

(6) All employees, volunteers, and contractors shall inform their employer of any criminal conviction or entry on the Child Protection Registry which would lead to a prohibition under subsection (d) of this section.

(7) Child-serving entities may conditionally hire an employee or volunteer or place a child, pending the determination of suitability for employment. If the information obtained from the background checks indicates that the individual is prohibited from employment pursuant to subsection (d) of this section, the person may not continue in employment and is subject to termination.

(8) Any persons or organization whose primary concern is that of child welfare and care, which is not otherwise required to do so under the provisions of this section may voluntarily submit to the provisions of this subchapter at such person’s or organization’s expense pursuant to procedures established by the Superintendent of State Police.

(9) The Superintendent of State Police may promulgate regulations governing the circumstances under which a background check may be re-used upon written authorization of the individual upon whom a background check was conducted. The regulations permitting re-use must be limited in scope and address the relationship between the original purpose for which the background check was requested, the agency or agencies requesting re-use, the type of license, position of employment, or benefit upon which re-use is predicated and the application process.ndividual’s entire criminal history record from SBI and a report of the individual’s entire federal criminal history record under the FBI appropriation of Title II of Public Law 92-544. Notwithstanding any provision to the contrary, the information to be furnished by SBI shall include child sex abuser information. The Division of State Police shall be the intermediary for purposes of this section.

(2) Any person who is required to request a Child Protection Registry check under this section shall obtain a statement signed by the prospective board member, employee, volunteer, or contractor wherein the individual authorizes a full release for the person to obtain the information provided as a result of a check. The DSCYF will process a Child Protection Registry check of the individual upon receipt of the signed statement which shall be attached to the request from the person for the Child Protection Registry check.

(3) Notwithstanding paragraph (c)(1) of this section, private schools and youth camps may choose to perform a name-based Delaware criminal background check for prospective employees, volunteers and contractors through the Delaware Justice Information System (DELJIS) and an out-of-state criminal record check using private, third-party providers of such checks, provided that any out-of-state criminal record check shall include a Social Security trace search and county-based criminal record search in the counties in which the individual has resided within the past 10 years. Such check shall be valid for a 5-year period.

(4) Any private school, including youth camps directly operated by a private school, may choose not to perform the background checks and Child Protection Registry checks described in paragraphs (c)(1) and (c)(2) of this section, provided that the private school or youth camp that is directly operated by the private school informs parents or guardians of the youth in attendance that the school or youth camp is not meeting minimum background check safety requirements for its staff members. The school or camp must obtain and retain for at least 1 year a signed acknowledgement of same from the parents or guardians.

(5) Costs associated with obtaining said criminal history information and Child Protection Registry information are borne by the applicant, except for applicants designated in paragraph (b)(4)d. of this section, whose costs are borne by the State. Notwithstanding the foregoing:

a. Public schools may use funds other than state funds to pay for criminal background check costs and may enter into consortia of school districts to pay such costs for persons covered by this section who work in more than 1 school district during the course of a year.

b. A candidate for election to a school board may use campaign funds to pay for background check costs under § 1075 of Title 14.

(6) All employees, volunteers, and contractors shall inform their employer of any criminal conviction or entry on the Child Protection Registry which would lead to a prohibition under subsection (d) of this section.

(7) Child-serving entities may conditionally hire an employee or volunteer or place a child, pending the determination of suitability for employment. If the information obtained from the background checks indicates that the individual is prohibited from employment pursuant to subsection (d) of this section, the person may not continue in employment and is subject to termination.

(8) Any persons or organization whose primary concern is that of child welfare and care, which is not otherwise required to do so under the provisions of this section may voluntarily submit to the provisions of this subchapter at such person’s or organization’s expense pursuant to procedures established by the Superintendent of State Police.

(d) Prohibitions. — (1) The following criminal convictions or entries on the Child Protection Registry shall prohibit an individual from being an employee, volunteer, or contractor for a child-serving entity for the amount of time indicated:

a. Felony convictions involving physical or sexual assault crimes against a child, an adult who is impaired, or elderly person. Such convictions shall require a lifetime prohibition.

b. Felony convictions involving physical or sexual assault crimes against another adult. Such prohibition shall last for 10 years following the date of conviction.

c. Any other convictions for a violent felony as defined in § 4201(c) of Title 11 not already included within the convictions subject to a lifetime or 10 year prohibition under paragraphs (d)(1)a. and b. of this section shall prohibit the individual for 7 years following the date of conviction, unless the felony is included within the crimes that can lead to entry on the Child Protection Registry pursuant to § 923 of Title 16, in which case the length of time for the prohibition shall be as provided in the Child Protection Registry regulations.

d. Misdemeanor convictions against children. Such prohibitions shall last for 7 years following the date of conviction, unless the misdemeanor is included within the crimes that can lead to entry on the Child Protection Registry pursuant to § 923 of Title 16, in which case the length of time for the prohibition shall be as provided for in the Child Protection Registry regulations.

(2) If an individual has more than 1 prohibition, the higher level prohibition shall apply.

(3) For any other criminal conviction that does not prohibit employment according to paragraph (d)(1) of this section, the child-serving entity may set forth job-related prohibitions for employees, contractors, and volunteers considering number and types of offenses, their recency, the individual’s criminal record since the offenses, and the responsibilities of the position which the individual has obtained or is seeking to obtain, provided that such prohibitions are not otherwise prohibited by law.

(4) The child-serving entity may prohibit employment for longer than that set out in paragraph (d)(1) of this section for those crimes that are prohibited and are job-related. The prohibition must not be shorter than the time proscribed in paragraph (d)(1) of this section, provided such time restrictions are not otherwise prohibited by law.en authorization of the individual upon whom a background check was conducted. The regulations permitting re-use must be limited in scope and address the relationship between the original purpose for which the background check was requested, the agency or agencies requesting re-use, the type of license, position of employment, or benefit upon which re-use is predicated and the application process.

(d) Prohibitions. — (1) The following criminal convictions or entries on the Child Protection Registry shall prohibit an individual from being an employee, volunteer, or contractor for a child-serving entity for the amount of time indicated:

a. Felony convictions involving physical or sexual assault crimes against a child, an adult who is impaired, or elderly person. Such convictions shall require a lifetime prohibition.

b. Felony convictions involving physical or sexual assault crimes against another adult. Such prohibition shall last for 10 years following the date of conviction.

c. Any other convictions for a violent felony as defined in § 4201(c) of Title 11 not already included within the convictions subject to a lifetime or 10 year prohibition under paragraphs (d)(1)a. and b. of this section shall prohibit the individual for 7 years following the date of conviction, unless the felony is included within the crimes that can lead to entry on the Child Protection Registry pursuant to § 923 of Title 16, in which case the length of time for the prohibition shall be as provided in the Child Protection Registry regulations.

d. Misdemeanor convictions against children. Such prohibitions shall last for 7 years following the date of conviction, unless the misdemeanor is included within the crimes that can lead to entry on the Child Protection Registry pursuant to § 923 of Title 16, in which case the length of time for the prohibition shall be as provided for in the Child Protection Registry regulations.

(2) If an individual has more than 1 prohibition, the higher level prohibition shall apply.

(3) For any other criminal conviction that does not prohibit employment according to paragraph (d)(1) of this section, the child-serving entity may set forth job-related prohibitions for employees, contractors, and volunteers considering number and types of offenses, their recency, the individual’s criminal record since the offenses, and the responsibilities of the position which the individual has obtained or is seeking to obtain, provided that such prohibitions are not otherwise prohibited by law.

(4) The child-serving entity may prohibit employment for longer than that set out in paragraph (d)(1) of this section for those crimes that are prohibited and are job-related. The prohibition must not be shorter than the time proscribed in paragraph (d)(1) of this section, provided such time restrictions are not otherwise prohibited by law.

(e) Upon completion of the criminal background and Child Protection Registry checks:

(1) Where the child-serving entity is a public or private school, a contractor with a school district or the Department of Education, or an employee of a contractor who is an early intervention service provider:

a. 1. The SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information to the individual and the employer or prospective employer.

2. The school, school district, Department of Education, or employing contractor shall determine whether the individual is prohibited from being employed by or contracting with the school, school district, or contractor under subsection (d) of this section. If the individual is not prohibited from employment by subsection (d) of this section but the individual has a criminal conviction or is on the Child Protection Registry, the school or district shall make a determination regarding suitability for employment or contracting using the factors in paragraph (d)(3) of this section.

3. Information obtained under this subsection is confidential and may only be disclosed to any of the following, as applicable:

A. The chief school officer.

B. The head of school.

C. The employing contractor.

D. The chief personnel officer of the school or school district.

E. One person in each school or school district who is designated to assist in the processing of criminal background checks, receive training in confidentiality, and is required to sign an agreement to keep such information confidential.

F. The Secretary of Education, or the Secretary’s designee.

b. Upon making its determination of suitability, the public school, contractor, or Department of Education shall forward the determination to the person seeking employment or a contract. If a determination is made to deny the person employment or a contract with a school or the Department of Education based on the criminal history of the person, the person shall have an opportunity to appeal to the chief school officer, head of school, Secretary of Education, or designee for reconsideration.

c. In the case of a student teacher:

1. The SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information to the individual and to the Higher Education Institution identified by the individual, through the Administrator of Educator Preparation Program. The Higher Education Institution shall determine whether the individual is prohibited from being employed pursuant to subsection (d) of this section and shall send a copy of the complete criminal background check and Child Protection Registry check information to the district superintendent or charter school director of the Delaware school district or charter school considering the person as a candidate for a student teaching position. If the individual is not prohibited from employment by subsection (d) of this section but the individual has a criminal conviction or is or has been on the Child Protection Registry, the school or district shall make a determination regarding suitability for employment using the factors in paragraph (d)(3) of this sectiont such prohibitions are not otherwise prohibited by law.

(4) The child-serving entity may prohibit employment for longer than that set out in paragraph (d)(1) of this section for those crimes that are prohibited and are job-related. The prohibition must not be shorter than the time proscribed in paragraph (d)(1) of this section, provided such time restrictions are not otherwise prohibited by law.

(e) Upon completion of the criminal background and Child Protection Registry checks:

(1) Where the child-serving entity is a public school, a contractor with a school district or the Department of Education, or an employee of a contractor who is an early intervention service provider:

a. 1. The SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information to the individual and the employer or prospective employer.

2. The school, school district, Department of Education, or employing contractor shall determine whether the individual is prohibited from being employed by or contracting with the school, school district, or contractor under subsection (d) of this section. If the individual is not prohibited from employment by subsection (d) of this section but the individual has a criminal conviction or is on the Child Protection Registry, the school or district shall make a determination regarding suitability for employment or contracting using the factors in paragraph (d)(3) of this section.

3. Information obtained under this subsection is confidential and may only be disclosed to any of the following, as applicable:

A. The chief school officer.

B. The head of school.

C. The employing contractor.

D. The chief personnel officer of the school or school district.

E. One person in each school or school district who is designated to assist in the processing of criminal background checks, receive training in confidentiality, and is required to sign an agreement to keep such information confidential.

F. The Secretary of Education, or the Secretary’s designee.

b. Upon making its determination of suitability, the public school, contractor, or Department of Education shall forward the determination to the person seeking employment or a contract. If a determination is made to deny the person employment or a contract with a school or the Department of Education based on the criminal history of the person, the person shall have an opportunity to appeal to the chief school officer, head of school, Secretary of Education, or designee for reconsideration.

c. In the case of a student teacher:

1. The SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information to the individual and to the Higher Education Institution identified by the individual, through the Administrator of Educator Preparation Program. The Higher Education Institution shall determine whether the individual is prohibited from being employed pursuant to subsection (d) of this section and shall send a copy of the complete criminal background check and Child Protection Registry check information to the district superintendent or charter school director of the Delaware school district or charter school considering the person as a candidate for a student teaching position. If the individual is not prohibited from employment by subsection (d) of this section but the individual has a criminal conviction or is or has been on the Child Protection Registry, the school or district shall make a determination regarding suitability for employment using the factors in paragraph (d)(3) of this section. Information obtained under this subsection is confidential and may only be disclosed to the chief school officer or head of school and the chief personnel officer of the school, and 1 person in each school who shall be designated to assist in the processing of criminal background checks, receive training in confidentiality and be required to sign an agreement to keep such information confidential.

2. Upon making its determination of suitability, the public school shall forward the determination to the administrator of educator preparation program of the designated higher education institution.

d. In the case of an employee or contractor of the Department of Education, SBI may release all subsequent criminal history to the Department of Education.

(2) Where the child-serving entity is DSCYF, a residential child-care facility under contract to or operated directly by DSCYF, or where the individual is applying to become an adoptive, foster or respite parent, SBI shall provide the criminal background information to DSCYF and DSCYF shall perform the Child Protection Registry check. DSCYF shall determine whether or not the individual is prohibited based on the results of the criminal background and Child Protection Registry checks. DSCYF may, by regulation, set forth criteria for unsuitability for its employees, contractors, volunteers, residential child-care employees, individuals applying to become an adoptive, foster or respite parent. These criteria shall relate to criminal history information and other information in addition to that set forth above. Such criteria and information shall be reasonably related to the prevention of child abuse. Upon making its determination, the DSCYF shall forward the determination to the applicant and the employer. Any adverse judgment affecting the applicant may be reviewed subject to regulations promulgated by DSCYF. The State Bureau of Identification may release all subsequent criminal history to DSCYF.

(3) Where the child-serving entity is a child-care provider, facility receiving Federal Child Care Development Block Grant funds, or a Youth Camp, SBI shall provide the criminal background information to DSCYF, and DSCYF shall perform the Child Protection Registry check. DSCYF shall determine whether or not the individual is prohibited by subsection (d) of this section based on the results of the criminal background and Child Protection Registry checks. If the applicant has a criminal conviction or is on the Child Protection Registry but is not prohibited from employment pursuant to paragraph (d)(1) of this section, DSCYF will assess the background check information and make a determination of suitability based upon factors set forth by DSCYF regulation consistent with paragraph (d)(3) of this section. If an applicant is determined unsuitable by DSCYF, the employer shall be informed. The employer shall make the final determination of whether or not to employ the individual. Notwithstanding the above, if the employer is a family child-care provider, DSCYF shall make the final decision based on the criteria established by regulations. If an applicant is determined unsuitable by DSCYF, the applicant and employer shall be informed. Any adverse judgment affecting the applicant shall be reviewed subject to regulations promulgated by the DSCYF. SBI may release all subsequent criminal history to DSCYF.chool considering the person as a candidate for a student teaching position. If the individual is not prohibited from employment by subsection (d) of this section but the individual has a criminal conviction or is or has been on the Child Protection Registry, the school or district shall make a determination regarding suitability for employment using the factors in paragraph (d)(3) of this section. Information obtained under this subsection is confidential and may only be disclosed to the chief school officer or head of school and the chief personnel officer of the school, and 1 person in each school who shall be designated to assist in the processing of criminal background checks, receive training in confidentiality and be required to sign an agreement to keep such information confidential.

2. Upon making its determination of suitability, the public school shall forward the determination to the administrator of educator preparation program of the designated higher education institution.

d. [Repealed.]

(2) Where the child-serving entity is DSCYF, a residential child-care facility under contract to or operated directly by DSCYF, or where the individual is applying to become an adoptive, foster or respite parent, SBI shall provide the criminal background information to DSCYF and DSCYF shall perform the Child Protection Registry check. DSCYF shall determine whether or not the individual is prohibited based on the results of the criminal background and Child Protection Registry checks. DSCYF may, by regulation, set forth criteria for unsuitability for its employees, contractors, volunteers, residential child-care employees, individuals applying to become an adoptive, foster or respite parent. These criteria shall relate to criminal history information and other information in addition to that set forth above. Such criteria and information shall be reasonably related to the prevention of child abuse. Upon making its determination, the DSCYF shall forward the determination to the applicant and the employer. Any adverse judgment affecting the applicant may be reviewed subject to regulations promulgated by DSCYF. The State Bureau of Identification may release all subsequent criminal history to DSCYF.

(3) Where the child-serving entity is a child-care provider, facility receiving Federal Child Care Development Block Grant funds, or a Youth Camp, SBI shall provide the criminal background information to DSCYF, and DSCYF shall perform the Child Protection Registry check. DSCYF shall determine whether or not the individual is prohibited by subsection (d) of this section based on the results of the criminal background and Child Protection Registry checks. If the applicant has a criminal conviction or is on the Child Protection Registry but is not prohibited from employment pursuant to paragraph (d)(1) of this section, DSCYF will assess the background check information and make a determination of suitability based upon factors set forth by DSCYF regulation consistent with paragraph (d)(3) of this section. If an applicant is determined unsuitable by DSCYF, the employer shall be informed. The employer shall make the final determination of whether or not to employ the individual. Notwithstanding the above, if the employer is a family child-care provider, DSCYF shall make the final decision based on the criteria established by regulations. If an applicant is determined unsuitable by DSCYF, the applicant and employer shall be informed. Any adverse judgment affecting the applicant shall be reviewed subject to regulations promulgated by the DSCYF. SBI may release all subsequent criminal history to DSCYF.

(4) [Repealed.]f the employer is a family child-care provider, DSCYF shall make the final decision based on the criteria established by regulations. If an applicant is determined unsuitable by DSCYF, the applicant and employer shall be informed. Any adverse judgment affecting the applicant shall be reviewed subject to regulations promulgated by the DSCYF. SBI may release all subsequent criminal history to DSCYF.

(4) Where the child-serving entity is a private school or youth camp that chooses to perform background checks using the method permitted in paragraph (c)(3) of this section, DELJIS shall perform a name-based criminal check based on the identifying information provided by the private school or youth camp. If the individual is found to have a criminal background that would make them prohibited for employment, DELJIS shall so inform the employer. If the individual’s background would not make them prohibited from employment, then DELJIS shall forward the information to DSCYF, which shall perform a check of the Child Protection Registry. DSCYF shall determine whether or not the individual is prohibited based on the results of the Child Protection Registry check.

(5) a. When the background checks are for a member of a school board, the SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information pertaining to members and prospective members within 15 days of a request under subsection (c) of this section as follows:

1. To the Governor, for an individual seeking appointment to or serving on the State Board of Education or a vocational-technical school district.

2. To the Commissioner of Elections, for an individual seeking to be a candidate for election to a school board or seeking to be appointed to fill a vacancy on a school board until the next school board election.

3. To the superintendent of a school district, for an individual serving as a member of the school district board.

4. To the board of a charter school, for an individual seeking to serve or serving on the charter school board.

b. Information provided under paragraph (e)(5)a. of this section is confidential and is not a public record under Chapter 100 of Title 29.

(f) The DSCYF shall, in the manner provided by law, promulgate regulations necessary to implement this section.

(g) The Department of Education shall, in the manner provided by law, promulgate regulations necessary to implement this section. These regulations shall include all of the following:

(1) Establishment, in conjunction with SBI, of a procedure for fingerprinting persons seeking employment with a public school or as an early intervention service provider and providing the reports and certificate obtained under subsection (c) of this section.

(2) Establishment of a procedure to provide confidentiality of information obtained under subsection (c) of this section.

(3) Establishment of a procedure for determining other job-related prohibitions for employees, volunteers, and contractors, under paragraph (d)(3) of this section.a family child-care provider, DSCYF shall make the final decision based on the criteria established by regulations. If an applicant is determined unsuitable by DSCYF, the applicant and employer shall be informed. Any adverse judgment affecting the applicant shall be reviewed subject to regulations promulgated by the DSCYF. SBI may release all subsequent criminal history to DSCYF.

(4) [Repealed.]

(5) a. When the background checks are for a member of a school board, the SBI shall provide the criminal background information and DSCYF shall provide the Child Protection Registry check information pertaining to members and prospective members within 15 days of a request under subsection (c) of this section as follows:

1. To the Governor, for an individual seeking appointment to or serving on the State Board of Education or a vocational-technical school district.

2. To the Commissioner of Elections, for an individual seeking to be a candidate for election to a school board or seeking to be appointed to fill a vacancy on a school board until the next school board election.

3. To the superintendent of a school district, for an individual serving as a member of the school district board.

4. To the board of a charter school, for an individual seeking to serve or serving on the charter school board.

b. Information provided under paragraph (e)(5)a. of this section is confidential and is not a public record under Chapter 100 of Title 29.

(6) The SBI and DELJIS shall provide all subsequent Delaware criminal history of any current employee or contractor subject to a background check under this section to the entity designated to receive the original criminal history information under paragraphs (e)(1) through (5) of this section. If the “Rap Back System” as defined by § 8502 of Title 11 is available to SBI, SBI shall provide all subsequent criminal history record information available through the Rap Back System for a current employee or contractor subject to a background check under this section to the entity designated to receive the original criminal history information under paragraphs (e)(1) through (5) of this section.

(f) The DSCYF shall, in the manner provided by law, promulgate regulations necessary to implement this section.

(g) The Department of Education shall, in the manner provided by law, promulgate regulations necessary to implement this section. These regulations shall include all of the following:

(1) Establishment, in conjunction with SBI, of a procedure for fingerprinting persons seeking employment with a public school or as an early intervention service provider and providing the reports and certificate obtained under subsection (c) of this section.

(2) Establishment of a procedure to provide confidentiality of information obtained under subsection (c) of this section.

(3) Establishment of a procedure for determining other job-related prohibitions for employees, volunteers, and contractors, under paragraph (d)(3) of this section.
31 Del. C. § 362 — Delaware Code / Title 31 / Chapter 3 / Subchapter V / Section 362
§ Â
        362. The Elizabeth W. Murphey School, Inc.; admission.
Status: in_force

Either parent or, if there are no parents, the guardian or, if there is also no guardian, any relative or the Division of Family Services may place any poor and dependent child, resident in Kent County, between the ages of 2 and 10 years, in and under the charge and control of The Elizabeth W. Murphey School, Inc., and may surrender and deliver the child to The Elizabeth W. Murphey School, Inc., provided that the School is willing to receive the child. When the child is surrendered, delivered to and accepted by the School, the child is subject to all the rules, regulations, and discipline thereof as the same may have been or may hereafter be established by the directors of the School.
31 Del. C. § 4004 — Delaware Code / Title 31 / Chapter 40 / Subchapter I / Section 4004
§ Â
        4004. Powers and duties of the Housing Director.
Status: in_force

(a) The Housing Director is responsible for the fulfillment of the purposes outlined in § 4002 of this title.

(b) The Housing Director shall:

(1) Employ, in the Housing Director’s discretion, planning, architectural and engineering consultants, attorneys, accountants, construction and financial experts and consultants, Superintendents, managers and such other officers, employees and agents as may be necessary in the Housing Director’s judgment;

(2) Call to the assistance of the Council the services of such employees of any federal or state agency as it may require to conduct its investigative powers and as may be available for such purpose;

(3) Delegate any of the Housing Director’s powers and duties, except those of an issuing officer, to employees of DSHA;

(4) Create and appoint members of advisory boards;

(5) Supervise the activities of the Council;

(6) Enter into any and all agreements or contracts on behalf of the State or DSHA, execute any and all instruments and do and perform any and all acts or things necessary, convenient or desirable for the implementation or the purposes of this chapter or to carry out any power or duty given in this chapter;

(7) Make an annual report to the Governor and the General Assembly regarding DSHA’s operations and render such other reports as may be required by law;

(8) Make and enforce regulations to effectuate the purposes of this chapter; provided however, that no such regulation shall extend, modify or conflict with any laws of this State, or the reasonable implications thereof;

(9) Determine the terms and conditions for the allocation and grant of state funds authorized by this chapter;

(10) Coordinate with the federal government to implement and manage federally funded programs;

(11) Be the issuing officer for DSHA; and

(12) Advise the Governor on issues concerning housing and community development.
31 Del. C. § 5306 — Delaware Code / Title 31 / Chapter 53 / Section 5306
§ Â
        5306. Preparation and submission of a budget.
Status: in_force

Before any appropriation is made to the School from the State, the Board shall prepare a budget showing its needs and requirements and submit the same to the person or board charged with the preparation of the Budget Appropriation Bill and shall make a request of the General Assembly for such amount of money as in its judgment is necessary for the operation of the School during the next biennium.
31 Del. C. § 4074 — Delaware Code / Title 31 / Chapter 40 / Subchapter VII / Section 4074
§ Â
        4074. Policies and procedures for allocation of DWH grants [For application of this section, see 84 Del. Laws, c. 352, Â 3].
Status: in_force

(a) Qualified workforce housing investors are eligible to receive DWH grants provided for in this subchapter to the extent that they apply for and are approved for grant allocations through DSHA.

(b) The accuracy and validity of information on qualified workforce housing investments is subject to verification procedures in accordance with rules promulgated by DSHA, on forms supplied by DSHA, and in accordance with dates specified by DSHA.
31 Del. C. § 4535 — Delaware Code / Title 31 / Chapter 45 / Section 4535
§ Â
        4535. Property of authority exempt from taxes, from levy and sale by virtue of an execution.
Status: in_force

(a) All property including funds 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 property. The provisions of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of an authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees, grants or revenues.

(b) The property of an authority is declared to be public property used for essential public and governmental purposes and such property and an authority shall be exempt from all taxes of the municipality, the county, the State or any political subdivision thereof. With respect to any property in a redevelopment project, the tax exemption provided in this section shall terminate when the authority sells, leases or otherwise disposes of such property to a redeveloper for redevelopment.
31 Del. C. § 4506 — Delaware Code / Title 31 / Chapter 45 / Section 4506
§ Â
        4506. Area of operation of regional authority.
Status: in_force

The area of operation of a regional authority shall be increased from time to time to include 1 or more additional communities if the governing body of each of such additional communities adopts the resolution described in § 4505 of this title and makes the findings required by § 4504 of this title, and the commissioners of the regional authority consent to the inclusion within its area of operation of such additional communities.
31 Del. C. § 4106 — Delaware Code / Title 31 / Chapter 41 / Subchapter I / Section 4106
§ Â
        4106. Construction of terms; definitions.
Status: in_force

(a) Words used in the present tense include the future; the singular includes the plural and the plural includes the singular. Unless otherwise expressly stated, where terms are not defined under this chapter, they shall have ascribed to them their ordinarily accepted meanings or such as the context herein may imply. Whenever the words “multi-family dwelling,” “residence building,” “dwelling unit,” “mobile home” or “premises” are used in this chapter, they shall be construed as though they were followed by the words, “or any part thereof.”

(b) The following terms are defined as listed below:

(1) Approved. —

Approved, as applied to a material, device or method of construction, shall mean approved by the code official under this chapter or approved by other authority designated by law to give approval in the matter in question.

(2) Basement. —

That portion of a building which is partly below and partly above grade, and having at least one half its height above grade (see “cellar”).

(3) Cellar. —

That portion of a building which is partly or completely below grade, and having at least one half its height below grade (see “basement”).

(4) Central heating. —

The heating system permanently installed and adjusted so as to provide the distribution of heat to all habitable rooms, bathrooms and water closet compartments from a source outside of these rooms.

(5) Code official. —

The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative. The Housing Director, or any duly authorized representative thereof, shall be the code official for the State.

(6) Community. —

Any municipality or county in the State.

(7) Condemn. —

To adjudge unfit for residential use or human occupancy.

(8) Condemnation .—

The act of judicially condemning.

(9) Dwelling. —

a. One-family dwelling. —

A building containing 1 dwelling unit with not more than 5 lodgers or boarders.

b. Two-family dwelling. —

A building containing 2 dwelling units with not more than 5 lodgers or boarders per family.

c. Multi-family apartment house. —

Multi-family apartment house. — A building or portion thereof containing more than 2 dwelling units and not classified as a 1 or 2 family dwelling.

d. Boarding house, lodging house and tourist house. —

A building arranged or used for lodging, with or without meals, for compensation, by more than 5 and not more than 20 individuals.

e. Dormitory. —

A space in a building where group sleeping accommodations are provided in 1 room, or in a series of closely associated rooms for persons not members of the same family group.

f. Hotel. —

Any building containing 6 or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.

g. Mobile home. —

— A 1-family dwelling designed for transportation after fabrication on streets and highways on its own wheels or supported by other vehicles or trailers but which is not self-propelled, and arriving at the site where it is to be occupied complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, supported on jacks or other foundations and connected to utilities and the like.

(10) Dwelling unit. —

A single unit providing complete, independent living facilities for 1 or more persons, including a mobile home, including permanent provisions for living, sleeping, eating, cooking and sanitation.

(11) Enforcement officer. —

The official designated herein or otherwise charged with the responsibilities of administering this chapter, or the official’s authorized representative.

(12) Exterior property areas. —

The open space on the premises and on adjoining property under the control of owners or operators of such premises.

(13) Extermination. —

The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

(14) Family. —

An individual or married couple and the children thereof with not more than 2 other persons, living together as a single housekeeping unit in a dwelling unit.

(15) Garbage. —

The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

(16) Habitable space. —

Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

(17) Hotel. —

See “dwellings.”

(18) Housing Director. —

The Director of the Delaware State Housing Authority.

(19) Infestation. —

The presence, within or contiguous to a structure or premises, of insects, rats, vermin or other pests.

(20) Junk vehicle. —

Any vehicle which is without a currently valid license plate or plates and is in either a rusted, wrecked, discharged, dismantled, partly dismantled, inoperative or abandoned condition. A junk vehicle shall be classified as to its condition in 1 of the 2 following categories:

a. Restorable. —

A junk vehicle that is in a condition whereby repairs to same could be made to place it in operating condition without exceeding the estimated value when repaired.

b. Wreck. —

A junk vehicle in such condition that it is economically unsound to restore same to operating condition considering the repairs to be made, age of the vehicle, market value of the vehicle if it were restored or in such condition that it warrants such classification.

(21) Let for occupancy or let. —

To permit possession or occupancy of a dwelling, dwelling unit, rooming unit, building or structure by a person who shall be legal owner or not be the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

(22) Maintenance. —

Conformance of a building and its facilities to the code under which the building was constructed.

(23) Motel. —

A hotel as defined in this chapter.

(24) Multi-family (multiple) dwellings. —

See “dwellings.”

(25) Occupant. —

Any person over 1 year of age (including owner or operator) living and sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit.

(26) Openable area. —

That part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

(27) Operator. —

Any person who has charge, care or control of a structure or premises which are let or offered for occupancy.

(28) Overcrowded. —

A dwelling shall be overcrowded when its occupancy exceeds the maximum number of persons permitted in subsections (k), (l) and (q) of § 4115 of this title.

(29) Owner. —

Any person, firm or corporation having a legal or equitable interest in the premises or any agent thereof.

(30) Person. —

Any individual, corporation or partnership.

(31) Plumbing. —

The labor, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances.

(32) Plumbing fixture. —

A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water therefrom; or discharges used water, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge to the drainage system of the premises.

(33) Premises. —

A lot, plot or parcel of land including the buildings or structures thereon.

(34) Public nuisance. —

Includes the following:

a. The physical condition, or use of any premises regarded as a public nuisance at common law; or

b. Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or

c. Any premises designated as having unsanitary sewerage or plumbing facilities; or

d. Any premises designated as unsafe for human habitation or use; or

e. Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or unsecure so as to endanger life, limb or property; or

f. Any premises from which the plumbing, heating or other facilities required by this chapter have been removed, or from which utilities such as water, sewer, gas and electricity have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; or

g. Any premises which are unsanitary, or which are littered with rubbish or garbage, or which have an uncontrolled growth of weeds; or

h. Any structure or building that is in an advanced state of dilapidation, deterioration or decay; of faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent as not to provide adequate shelter; in danger of collapse or structural failure; and is dangerous to anyone on or near the premises.

(35) Rennovation. —

Work on a building and its facilities to make it conform to present day minimum standards of sanitation, fire and life safety.

(36) Residence building. —

A building in which sleeping accommodations, toilet, bathing and cooking facilities as a unit are provided.

(37) Rooming house. —

Any residence building, or any part thereof, containing 1 or more rooming units, in which space is let by the owner or operator to more than 5 persons who are not members of the family (see “dwellings”: “boarding house”).

(38) Rooming unit. —

Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

(39) Rubbish. —

Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

(40) Structure. —

That which is built or constructed, including without limitation because of enumeration, buildings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes, chute escapes, railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed to component parts which is fastened, anchored or rests on a permanent foundation or on the ground.

(41) Supplied. —

Installed, furnished or provided by the owner or operator.

(42) Ventilaion. —

The process of supplying and removing air by natural or mechanical means to or from any space.

a. Mechanical. —

Ventilation by power-driven devices.

b. Natural. —

Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks without wind-driven devices.

(43) Workmanlike. —

Whenever the words “workmanlike state of maintenance and repair” are used in this chapter, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner.

(44) Yard. —

An open unoccupied space on the same lot with a building extending along the entire length of street, or rear or interior lot line.
31 Del. C. § 5228 — Delaware Code / Title 31 / Chapter 52 / Subchapter III / Section 5228
§ Â
        5228. Effective date.
Status: in_force

The Compact shall become effective immediately upon approval of the General Assembly and the Governor and thereafter upon being executed on behalf of this State with any other state or states legally joining therein.
31 Del. C. § 4712 — Delaware Code / Title 31 / Chapter 47 / Section 4712
§ Â
        4712. Delinquent property enforcement.
Status: in_force

(a) All powers of foreclosing governmental units preserved. — A foreclosing governmental unit may bring to public sale any real property within its jurisdiction that has liens inuring to the foreclosing governmental unit in accordance with applicable laws.

(b) Sale of liens and assessments to land banks permitted. — A foreclosing governmental unit may enter into a contract to sell some or all of its liens to a land bank, subject to all of the following conditions:

(1) The consideration to be paid may be more or less than the face amount of the liens.

(2) Property owners that are subject to a lien that is proposed for sale shall be given at least 30 days advance notice of the proposed sale by the foreclosing governmental unit. Failure to provide such notice or the failure of the addressee to receive the same shall not in any way affect the validity of any sale of a lien or the underlying validity of the lien.

(3) The foreclosing governmental unit shall set the terms and conditions of the sale of its liens.

(4) A land bank must notify the foreclosing governmental unit that sold the lien to the land bank at least 30 days prior to commencing any judicial action to acquire property that is subject to such lien. The foreclosing governmental unit may, at its sole option and discretion, elect to repurchase the lien from the land bank by delivering a notice of such election to the land bank within 30 days of receiving the land bank’s notice. The repurchase price shall be the amount of the lien plus any accrued interest and collection fees incurred by the land bank. If the foreclosing governmental unit shall fail to elect to repurchase the lien, the land bank shall have the right to commence a judicial action to acquire property that is subject to such lien.

(5) The sale of a lien pursuant to this section shall not operate to shorten the otherwise applicable redemption period or change the otherwise applicable interest rate for such lien.

(6) A land bank which has purchased any lien may execute or foreclose on such lien in the same manner as the foreclosing governmental unit in whose favor the lien originally arose. At any time following the commencement of an action to execute or foreclose on a lien by a land bank, the amount required to redeem such lien shall include those reasonable and necessary collection costs, attorneys’ fees, legal costs, allowances, and disbursements that would have been collectible by the foreclosing governmental unit in whose favor the lien originally arose.

(c) Credit bids by land banks permitted. — If any property is submitted for sheriff’s sale due to an outstanding lien, a land bank may bid on such property at the sheriff’s sale with the same credit that would be afforded to the foreclosing governmental unit that initiated the sale of such property. If the land bank is the successful bidder for such property, the property shall be deemed sold to the land bank and the bid of the land bank shall be paid as to its form, substance, and timing according to such agreement as is mutually acceptable to the foreclosing governmental unit and the land bank.
31 Del. C. § 901 — Delaware Code / Title 31 / Chapter 9 / Section 901
§ Â
        901. Purpose
Status: in_force

The purpose of this chapter is to provide a time-limited opportunity for employable adults of families who receive Temporary Assistance for Needy Families to earn their public assistance during the time they are receiving such assistance, obtain job skills, develop strong work ethics, and establish work histories so as to better enable them to obtain private sector employment and become self-sufficient.
31 Del. C. § 383 — Delaware Code / Title 31 / Chapter 3 / Subchapter VI / Section 383
§ Â
        383. Notices; 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

The “appropriate public authorities” as used in Article III of this Compact shall, with reference to this State, mean the Department of Services for Children, Youth and Their Families and the Department shall receive and act with reference to notices required by Article III of this Compact.
31 Del. C. § 4529 — Delaware Code / Title 31 / Chapter 45 / Section 4529
§ Â
        4529. Acquisition and development of undeveloped vacant land.
Status: in_force

Upon a determination by resolution of the governing body of the community in which such land is located that the acquisition and development of undeveloped vacant land, not within a slum or blighted area, is essential to the proper clearance or redevelopment of slum or blighted areas or a necessary part of the general slum clearance program of the community, the acquisition, planning, preparation for development or disposal of such land shall constitute a redevelopment project which may be undertaken by the authority in the manner provided in this chapter. The determination by the governing body shall be in lieu of the declaration required by § 4518 of this title, but shall not be made until the governing body finds that there is a shortage of decent, safe and sanitary housing in the community, that such undeveloped vacant land will be developed for predominantly residential uses, and that the provision of dwelling accommodations on such undeveloped vacant land is necessary to accomplish the relocation, in decent, safe and sanitary housing in the community of families to be displaced from slum or blighted areas which are to be redeveloped. In the undertaking of redevelopment projects on a regional or unified metropolitan basis, involving the acquisition and development of undeveloped vacant land in 1 community as an adjunct to the redevelopment of slum or blighted areas in another community, each determination or finding required in this section shall be made by the governing body of the community with respect to which the determination or finding relates.
31 Del. C. § 3701 — Delaware Code / Title 31 / Chapter 37 / Section 3701
§ Â
        3701. Declaration of policy.
Status: in_force

The General Assembly of the State recognizes that the quality of housing affects every aspect of an older individual’s life, from the physical to the psychological. For many older Delawareans, maintaining themselves in a suitable environment is an ongoing battle. Some are unnecessarily forced into nursing homes because of the unavailability of housing that matches their physical needs or financial resources. In other cases, housing and/or relocation decisions are made without knowledge of the resources or alternatives available. The General Assembly, therefore, intends through this chapter to address this situation by establishing a Housing Counseling Program within the Division of Services for Aging and Adults with Physical Disabilities whose responsibility it will be to develop and coordinate a continuum of housing options for older Delawareans.
31 Del. C. § 4040 — Delaware Code / Title 31 / Chapter 40 / Subchapter IV / Section 4040
§ Â
        4040. Council on Housing.
Status: in_force

(a) The Council on Housing is continued and shall serve in an advisory capacity to the Governor, Housing Director and the General Assembly and shall consider matters relating to housing in this State and such other matters as may be referred to it by the Governor, the Housing Director or the General Assembly. The Council shall study, research, plan and advise the Governor, Housing Director and the General Assembly on matters it deems appropriate to enable DSHA to function in the best possible manner.

(b) The Council shall review, advise and make recommendations on all DSHA programs.

(c) The Council on Housing shall be composed of 11 members to be appointed by the Governor. There shall be 2 members from each county, 2 members that reside in the City of Wilmington and 3 members at large, 1 of which is a member of a tenant organization. The term of appointment to the Council shall be 3 years. Members shall be eligible for reappointment. A member of the Council shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency, or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Council business until the charge is adjudicated or the matter is otherwise concluded. A member may appeal any suspension or removal to the Superior Court.

(d) At least 5, but no more than 6, members of the Council shall be affiliated with one of the major political parties and at least 4, but no more than 5, members shall be affiliated with the other major political party; provided however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce that person’s own political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year. The Chairperson shall be eligible for reelection but may not serve as Chairperson for more than 3 consecutive 1-year terms.

(g) Any appointment pursuant to this section to replace a member whose position becomes vacant prior to the expiration of the member’s term shall be filled only for the remainder of that term. Any person appointed to serve out the remainder of an unexpired term shall be eligible for reappointment.

(h) The Chairperson of the Council shall direct the Council’s operations and shall perform such other duties as the Housing Director may direct.

(i) The Council shall have the authority to draft and adopt bylaws governing its operations, consistent with the provisions herein. The Housing Director may assign to employment on behalf of the Council such secretarial, clerical and other assistants in DSHA as the internal operation of the Council shall require and for such purposes as the Housing Director shall consider necessary.

(j) The Council shall issue an annual report to the Governor, the Housing Director and the General Assembly on its activities, as well as the housing needs of this State, key statistics and trends, Housing Development Fund expenditures and any recommendations for changes in law, policy and/or funding related to housing.
31 Del. C. § 4308 — Delaware Code / Title 31 / Chapter 43 / Section 4308
§ Â
        4308. Powers of authority.
Status: in_force

(a) An authority shall constitute a body both corporate and politic, exercising public powers 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 investigate into living and housing conditions in its area of operations and into the means and methods of improving such conditions; to determine where unsanitary or substandard housing conditions exist; to study and make recommendations concerning the plans of the area of operations in relation to the problems of clearing, replanning and reconstruction of areas in which unsanitary or substandard conditions exist, and the providing of housing accommodations for persons of low income, and to cooperate with any city, regional or state planning agency;

(2) To prepare, carry out and operate projects; to provide for the construction, reconstruction, improvement, alteration or repair of any project or any part thereof; to take over by purchase, lease, or otherwise any project undertaken by any government; to act as agent for the federal government in connection with the acquisition, construction, operation or management of a project or any part thereof; to arrange with any government within the area of operation for the furnishing, planning, replanning, opening or closing of streets, roads, roadways, alleys, parks or other places or public facilities or for the acquisition by any government or any agency, instrumentality or subdivision thereof, including, specifically, the Federal Emergency Administration of Public Works and the Public Works Emergency Housing Corporation, of property, options or property rights or for the furnishing of property or services in connection with a project;

(3) To lease or rent any of the housing or other accommodations, or any of the lands, buildings, structures or facilities embraced in any project and to establish and revise the rents or charges therefor; to purchase, lease, obtain options upon, acquire by eminent domain or otherwise, sell, exchange, transfer, assign, mortgage or pledge any property, real or personal or any interest therein from any person, firm, corporation or any municipal state, or federal government or any agency, instrumentality or subdivision thereof, including specifically, the Federal Emergency Administration of Public Works and the Public Works Emergency Housing Corporation, by gift, grant, bequest or devise; to own, hold, clear and improve property; in its discretion to insure or provide for the insurance of the property or operations of the authority against such risks as the authority may deem advisable;

(4) To borrow money upon its bonds, notes, debentures or other evidences of indebtedness and to secure the same by mortgage upon property held or to be held by it or by pledge of its revenues, or in any other manner, and in connection with any loan by a government, to agree to limitations upon the exercise of any powers conferred upon the authority by this chapter; to invest any funds held in reserves or sinking funds, or in any funds not required for immediate disbursements in state or federal securities;

(5) To sue and 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; to make and from time to time amend and repeal bylaws, rules and regulations not inconsistent with this chapter, and to carry into effect the powers and purposes of the authority;

(6) To enter upon any building or property in order to conduct investigations or to make surveys or soundings; 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 issue subpoenas requiring the attendance of witnesses or the production of books and papers and to issue commissions for the examination of witnesses who are out of the State or unable to attend before the authority, or excused from attendance; and to do all things necessary or convenient to carry out the powers given in this chapter.

(b) Any of the investigations or examinations provided for in this chapter may be conducted by the authority or by a committee appointed by it, consisting of 1 or more commissioners, or by counsel, or by an officer or employee specially authorized by the authority to conduct it. Any commissioner, counsel for the authority, or any person designated by it to conduct an investigation or examination shall have power to administer oaths, take affidavits and issue subpoenas or commissions. Any authority may exercise any or all of the powers herein conferred upon it, either generally or with respect to any specific project or projects, through or by any agent or agents which it may designate.
31 Del. C. § 5109 — Delaware Code / Title 31 / Chapter 51 / Section 5109
§ Â
        5109. Treatment of juvenile inmates with mental conditions or mental disabilities; transfer.
Status: in_force

(a) The Secretary of the Department of Services for Children, Youth and Their Families may transfer to other appropriate state institutions for care and treatment juveniles committed to the custody of the Division of Youth Rehabilitation Services whom the Secretary has determined to have psychotic disorders or mental conditions. Transfer may also be made to such facilities in other jurisdictions, or to municipal or private facilities, upon the consent of responsible administrators of such facilities.

(b) When, in the judgment of the administrator of the institution to which a juvenile in custody has been transferred, the juvenile has recovered from the condition which occasioned the transfer, the juvenile shall be returned to the Division of Youth Rehabilitation Services.

(c) The transfer shall become effective as soon as the Secretary of the Department of Services for Children, Youth and Their Families requests it. The parents or guardians of the juvenile, if they can be reached by a reasonable effort, shall be notified of the transfer within 30 days. They may demand in writing a hearing before the Secretary of Services for Children, Youth and Their Families to be held within 2 weeks. The decision of the Secretary may be appealed within 30 days to the court which committed the juvenile to the Division of Youth Rehabilitation Services. The decision of the court on appeal shall be final.

(d) When the juvenile is returned to the Division of Youth Rehabilitation Services, the parents or guardians of the juvenile, if they can be reached by a reasonable effort, shall be notified of the transfer within 30 days by the Secretary of Services for Children, Youth and Their Families. They may demand in writing a hearing before the Secretary of Services for Children, Youth and Their Families to be held within 2 weeks. The decision of the Secretary may be appealed within 30 days to the court which first committed the juvenile to the Division of Youth Rehabilitation Services. The decision of the court on appeal shall be final.
31 Del. C. § 4026 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4026
§ Â
        4026. Powers relative to purchase of and sale to financial institutions of mortgage loans; loans to mortgage lenders.
Status: in_force

DSHA shall have all the powers necessary or convenient to carry out and effectuate the purposes of this chapter, including the following powers in addition to others herein granted:

(1) To invest in, purchase or to make commitments to purchase, and take assignments from mortgage lenders of notes and mortgages evidencing loans for the construction, rehabilitation, purchase, leasing or refinancing of housing for persons and families of low- and moderate-income in this State;

(2) To make loans to mortgage lenders upon terms and conditions requiring the proceeds thereof to be used by such mortgage lenders for the making of new residential mortgages, upon the terms set forth in § 4027 of this title;

(3) To make commitments to purchase, and to purchase, service and sell mortgages insured by any department, agency or instrumentality of the United States, and to make loans directly upon the security of any such mortgage; provided, that the underlying mortgage loans shall have been made and shall be continued to be used solely to finance or refinance the construction, rehabilitation, purchase or leasing of residential housing for persons and families of low- and moderate-income in this State;

(4) To sell, at public or private sale, with or without public bidding, any mortgage or other obligation held by DSHA;

(5) To enter into mortgage insurance agreements with mortgage lenders in connection with the lending of money by such institutions to persons and families of low- or moderate-income for the purchase of housing;

(6) Subject to any agreement with bondholders or noteholders, to collect, enforce the collection of, and foreclose on any collateral securing its loans to mortgage lenders and acquire or take possession of such collateral and sell the same at public or private sale, with or without public bidding, and otherwise deal with such collateral as may be necessary to protect the interest of DSHA therein.
31 Del. C. § 4508 — Delaware Code / Title 31 / Chapter 45 / Section 4508
§ Â
        4508. Appointment of commissioners for each additional community; tenure.
Status: in_force

If a regional authority is created as provided in this chapter, 1 person shall be appointed as a commissioner of such authority for each community for which such authority is created. When the area of operation of a regional authority is increased to include an additional community or communities as provided in this chapter, 1 additional person shall be appointed as a commissioner of such authority for each such additional community. Each such commissioner appointed for a municipality shall be appointed by the mayor thereof, by and with the advice and consent of the governing body, and each such commissioner appointed for a county shall be appointed by the governing body thereof. The first appointment of commissioners of a regional authority may be made at or after the time of the adoption of the resolution declaring the need for such authority or declaring the need for the inclusion of such community in the area of operation of such authority. The commissioners of a regional authority and their successors shall be appointed as aforesaid for terms of 5 years except that all vacancies shall be filled for the unexpired terms.
31 Del. C. § 4032 — Delaware Code / Title 31 / Chapter 40 / Subchapter III / Section 4032
§ Â
        4032. Power to supervise housing sponsors.
Status: in_force

DSHA shall have the power to supervise housing sponsors, including limited profit housing sponsors and their real and personal property, in the following respects:

(1) DSHA may prescribe uniform systems of accounts and records for housing sponsors and may require them to make reports and give answers to specific questions on such forms and at such times as may be necessary for the purposes of this chapter.

(2) Through its agents or employees, DSHA may enter upon and inspect the lands, buildings and equipment of a housing sponsor, including all parts thereof, and may examine all books and records with reference to capital structure, income, expenditures and other payments of a housing sponsor.

(3) DSHA may supervise the operation and maintenance of any housing development and may order such repairs as may be necessary to protect the public interest or the health, welfare or safety of the housing development occupants.

(4) DSHA may fix, and alter from time to time, a schedule of rents and charges for any housing development.

(5) DSHA may determine, for any housing development, standards for tenant selection by a housing sponsor.

(6) DSHA may require any housing sponsor to pay to DSHA such fees as it may prescribe in connection with the examination, inspection, supervision, auditing or other regulations of the housing sponsor.

(7) DSHA may order any housing sponsor to do, or to refrain from doing, such things as may be necessary to comply with the provisions of the law, the rules and regulations of DSHA, and the terms of any contract or agreement to which the housing sponsor may be a party.

(8) DSHA may regulate the retirement of any capital investment or the redemption of stock where any such retirement or redemption, when added to any dividend or other distribution, shall exceed in any 1 fiscal year 10% of the original face amount of any investment by any housing sponsor.

(9) DSHA may prescribe regulations specifying the categories of cost which shall be allowable in the construction or rehabilitation of a housing development. DSHA shall require any housing sponsor to certify the actual housing development costs upon completion of the housing development, subject to audit and determination by DSHA. Notwithstanding this subdivision, DSHA may accept, in lieu of any certification of housing development costs, as provided herein, such other assurances of the said housing development costs, in any form or manner whatsoever, as will enable DSHA to determine with reasonable accuracy the amount of said housing development costs.
31 Del. C. § 509 — Delaware Code / Title 31 / Chapter 5 / Section 509
§ Â
        509. Continuing eligibility.
Status: in_force

All assistance grants made under this chapter shall be reconsidered as frequently as may be required by the rules of the Department to assure continued eligibility. After such further investigation, as the Department may deem necessary, the amount and manner of giving assistance may be changed or the assistance payments shall be terminated if it is found that the recipient’s circumstances have altered sufficiently to warrant such action. Assistance payments may at any time be cancelled or revoked or suspended for a temporary period pending further determination if the recipient’s eligibility is not clearly established.
31 Del. C. § 4020 — Delaware Code / Title 31 / Chapter 40 / Subchapter II / Section 4020
§ Â
        4020. Capital Reserve Fund.
Status: in_force

(a) DSHA shall create and establish a special fund to secure the bonds, herein referred to as Capital Reserve Fund, and shall pay into the Capital Reserve Fund:

(1) Any moneys appropriated and made available by the State for the purposes of such fund;

(2) Any proceeds of the sale of bonds, to the extent provided in the resolution of DSHA, authorizing the issuance thereof; and

(3) Any other moneys which may be made available to DSHA for the purpose of such fund from any other source or sources.

All moneys held in the Capital Reserve Fund, except as hereinafter provided, shall be used solely for the payment of the principal of bonds of DSHA as the same mature, the redemption or purchase of bonds of DSHA, the payment of interest on such bonds of DSHA or the payment of any redemption premium required to be paid when such bonds are redeemed prior to the maturity. Moneys in the Capital Reserve Fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of the Fund to less than the maximum amount of principal and interest maturing and becoming due in any succeeding fiscal year on all bonds of DSHA then outstanding, except for the purpose of paying principal and interest on bonds of DSHA maturing and becoming due and for the payment of which other moneys of DSHA are not available. Any income or interest earned by, or increment to, the Capital Reserve Fund due to the investment thereof may be transferred by DSHA to any other fund of DSHA to the extent it does not reduce the amount of Capital Reserve Fund below the maximum amount of principal and interest maturing and becoming due in any succeeding fiscal year on all bonds of DSHA then outstanding.

(b) Except with respect to an issue, or portion of an issue, of bonds designated by resolution of DSHA as not being subject to the requirements and provisions of this section, DSHA shall not issue bonds at any time if the maximum amount of principal and interest maturing and becoming due in a succeeding fiscal year on the bonds then to be issued and on all other bonds of DSHA then outstanding will exceed the amount of the Capital Reserve Fund at the time of issuance unless DSHA, at the time of issuance of such bonds, shall deposit in the Fund from the proceeds of the bonds so to be issued, or otherwise, an amount which, together with the amount then in the Fund, will be not less than the maximum amount of principal and interest maturing and becoming due in any succeeding fiscal year on the bonds then to be issued and on all other bonds of DSHA then outstanding.

(c) To assure the continued operation and solvency of DSHA for the carrying out of the public purposes of this chapter, provision is made for the accumulation in the Capital Reserve Fund of an amount equal to the maximum amount of principal and interest maturing and becoming due in any fiscal year on all bonds of DSHA then outstanding. In order to assure further such maintenance of the Capital Reserve Fund, there may be annually appropriated and paid to DSHA for deposit in the Capital Reserve Fund such sum, if any, as shall be certified by the Housing Director to the Governor and Director of the Office of Management and Budget, as necessary to restore the Capital Reserve Fund to an amount equal to the maximum amount of principal and interest maturing and becoming due in any fiscal year on the bonds of DSHA then outstanding. In any case where a deficiency occurs in the Capital Reserve Fund, the Housing Director shall promptly make and deliver to the Governor and Director of the Office of Management and Budget a certificate stating the amount required to restore the Capital Reserve Fund, and the Governor shall, as soon as practicable during the current fiscal year, request an appropriation of such amount, and the amount so requested may be appropriated and paid to DSHA for deposit into the Capital Reserve Fund.

(d) In computing the amount of the Capital Reserve Fund for the purposes of this section, securities in which all or a portion of the fund is invested shall be valued in the manner provided in the resolution authorizing the issuance of the trust indenture securing such bonds.

(e) Calculations of the amount of principal and interest maturing and becoming due in any succeeding fiscal year shall be based upon the assumption that bonds of DSHA will, after said date of computation, cease to be outstanding by reason of the payment of such bonds at their respective maturities or the payment of all moneys required to be paid into a sinking fund on account of such bonds as may be required by the terms of any resolution or indenture pursuant to which such bonds have been issued and the application of such sinking fund to the retirement of bonds in accordance with their terms.

(f) For the purposes of this section, the term “bonds” shall mean all obligations of DSHA bearing a maturity date more than 2 years after the date thereof, except any bonds, notes or other obligations of DSHA which are designated by resolution of DSHA prior to the issuance thereof as being not subject to this section.
31 Del. C. § 303 — Delaware Code / Title 31 / Chapter 3 / Subchapter I / Section 303
§ Â
        303. General powers and duties of Division in respect to children.
Status: in_force

In order that the State may more effectively exercise the duty and obligation which it owes to minor children, who for any cause are in need of care and protection, the Division of Child Protective Services may:

(1) Search out through investigation, complaints from citizens, or otherwise, the minor children in the State who are in need of its care and protection and shall as far as possible, through existing agencies, public or private, its own welfare workers or through such other resources, aid such children to a fair opportunity in life;

(2) Make surveys and in other ways ascertain the facts and conditions which cause or contribute to the need for state care and protection of children and the extent of such need;

(3) Present the facts so ascertained to the people through conventions, conferences and addresses to the end that a statewide program may be effected for the elimination and suppression of the causes which bring the necessity for such care;

(4) Establish and maintain homes or other agencies for the care of dependent or neglected minor children or contract with any approved agency or home for the care of such children, receive and care for dependent or neglected children committed to its care and, if possible, to arrange for a thorough physical and mental examination of every such child, investigate in detail the personal and family history of a child and its environment, place such children in family homes or in approved suitable institutions and supervise such children however placed; and

(5) Solicit, obtain and hold gifts, devises and bequests of money, real estate and other things of value to be used in support of the development and carrying on of child welfare work.
31 Del. C. § 4120 — Delaware Code / Title 31 / Chapter 41 / Subchapter II / Section 4120
§ Â
        4120. Responsibilities of owners and occupants.
Status: in_force

(a) Cleanliness. — Every occupant of a structure or part thereof shall keep that part of the structure or premises thereof which that occupant occupies, controls or uses in a clean and sanitary condition. Every owner of a dwelling containing 2 or more dwelling units shall maintain, in a clean and sanitary condition, the shared or public areas of the dwelling and premises thereof.

(b) Disposal of rubbish. — Every occupant of a structure or part thereof shall dispose of all rubbish in a clean and sanitary manner by placing it in rubbish containers equipped with tight fitting covers as required by this chapter.

(c) Disposal of garbage. — Every occupant of a structure or part thereof shall dispose of garbage in a clean and sanitary manner, securely wrapping such garbage and placing it in tight garbage storage containers as required by this chapter, or by such other disposal method as may be required by applicable laws or ordinances.

(d) Rubbish storage facilities. — Every dwelling unit shall be supplied with approved containers and covers for storage of rubbish, and the owner, operator or agent in control of such dwelling shall be responsible for the removal of such rubbish.

(e) Food preparation. — All spaces used or intended to be used for food preparation shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage when necessary.

(f) Fixtures and equipment — Supplied by owner. — The owner or occupant of a structure or part thereof shall keep the supplied equipment and fixtures therein clean and sanitary and shall be responsible for the exercise of reasonable care in their proper use and operation.

(g) Fixtures and equipment — Furnished by occupant. — The equipment and fixtures furnished by the occupant of a structure shall be properly installed and shall be maintained in good working condition, kept clean and sanitary and free of defects, leaks or obstructions.
31 Del. C. § 4405 — Delaware Code / Title 31 / Chapter 44 / Section 4405
§ Â
        4405. Powers and duties of custodian.
Status: in_force

The custodian shall have all the powers and duties accorded a custodian foreclosing a mortgage on real property, and all other powers and duties deemed necessary by the Court. Such powers and duties shall include, but are not necessarily limited to, collecting and using all rents and profits of the property, prior to and despite any assignment of rent, for the purposes of:

(1) Correcting the condition or conditions alleged in the petition;

(2) Materially complying with all applicable provisions of any federal, state, local statute, code, regulation or ordinance governing the maintenance, construction, use or appearance of the surrounding grounds;

(3) Paying all expenses reasonably necessary for the proper operation and management of the property including insurance, mortgage payments, taxes and assessments, and fees for the services of the custodian and any agent the custodian should hire;

(4) Paying the costs of the custodianship proceeding; and

(5) In accordance with the Delaware Landlord Tenant Code [Chapter 51 et seq. of Title 25], compensating the tenants for whatever deprivation of their rental agreement rights resulted from the condition or conditions alleged in the petition.
31 Del. C. § 361 — Delaware Code / Title 31 / Chapter 3 / Subchapter V / Section 361
§ Â
        361. Childrenâs Home, Inc.
Status: in_force

(a) The Children’s Home, Inc., a corporation of this State, may take under its guardianship all children who may be placed under its care and management in either of the following modes:

(1) Children under 14 years of age who shall be voluntarily surrendered by their fathers, or, in case of their death or absence, by their mothers or by their guardians to the care of Children’s Home, Inc.; and

(2) Children under 14 years of age who shall be committed to the care of Children’s Home, Inc., by the Family Court on account of vagrancy or for the exposure, neglect or abandonment of the children by their parent or parents, guardian or other person having custody of the children.

(b) The corporation shall have the guardianship of the children so placed under its care and management during their minority, shall cause them to be educated and instructed in a proper manner and to learn such trades and employments as in the judgment of the corporation will be most conducive to the benefit and advantage of the children. The power and charge of the corporation over and upon the children shall not extend in the case of children beyond the age of 18 years, but the corporation may return the children to their parents or surviving parent or guardian.
31 Del. C. § 306 — Delaware Code / Title 31 / Chapter 3 / Subchapter I / Section 306
§ Â
        306. Binding minors prohibited.
Status: in_force

No court, organization, institution, individual or corporation may bind any minor to any organization, institution, individual or corporation in any manner whatsoever.

Nothing contained in this section shall in any manner interfere with the power and authority of any court to commit any minor to the custody and care of any organization, institution, individual or corporation.
31 Del. C. § 3704 — Delaware Code / Title 31 / Chapter 37 / Section 3704
§ Â
        3704. Duties and functions.
Status: in_force

The Housing Counseling Program shall have the following duties and functions:

(1) Conduct ongoing research to keep abreast of the existing housing options available to senior citizens including research into ways senior citizens can finance said housing options;

(2) Facilitate the establishment of a matched housing program with the counties;

(3) Advocate for the establishment of additional housing alternatives, including home equity conversion, and work with senior citizen organizations on the removal of those barriers which include, but are not limited to, financial, regulatory and legislative that inhibit the development of other alternatives;

(4) Serve as an educational clearinghouse for information on housing options for senior citizens, including publication and dissemination of information on laws and regulations pertaining to housing, including, but not limited to, rent control and condominium conversion;

(5) Operate a housing counseling service that will counsel senior citizens on available housing options and financial/legal matters that may apply to their housing situation, including, but not limited to, laws and regulations, utilization of financial options such as home equity conversion, passbook accounts and insurance annuities;

(6) Coordinate with existing county, city and private housing programs to enhance communication of new concepts and developments in housing and to ensure sensitivity to the unique housing needs of senior citizens;

(7) Network with banks, lending and investment institutions to explore ways in which senior citizens could more effectively invest their money in order to provide adequate housing;

(8) Develop, coordinate and train a cadre of senior citizen volunteers to perform peer counseling in housing options and related financial/legal matters, thereby reaching a greater number of senior citizens in need of counseling at minimal cost;

(9) Evaluate the Program and report annually to the Secretary of the Department of Health and Social Services, who shall make the report available to the General Assembly. The evaluation should include the systematic collection and analysis of client utilization data including, but not limited to, number of clients counseled, number of clients who are participating in various residential alternatives as a result of this Program and the cost effectiveness of the Program;

(10) Promote accessory apartments and other innovative housing options for elderly citizens, both as renters and rentees by:

a. Making information available to elderly citizens and the community;

b. Bringing together realtors, local government zoning agencies, non-profit organizations, lenders, home health care agencies, etc., to promote and facilitate accessory apartments;

c. Counseling senior citizens, their families, and potential renters; and

d. Other activities that will support the establishment of accessory apartments and other innovative housing options to benefit elderly citizens in Delaware.
31 Del. C. § 4511 — Delaware Code / Title 31 / Chapter 45 / Section 4511
§ Â
        4511. Power of authority; quorum; meetings; qualifications for appointment as commissioner.
Status: in_force

The powers under this chapter vested in each slum clearance and redevelopment authority shall be exercised by the board of commissioners thereof. A majority of the commissioners shall constitute a quorum of such board for the purpose of conducting business and exercising the powers of the authority and for all other purposes. Action may be taken by the board upon a vote of a majority of the commissioners present, unless in any case the bylaws of the authority shall require a larger number. Meetings of the board of an authority may be held anywhere within the perimeter boundaries of the area of operation of the authority. Any persons may be appointed as commissioners of the authority if they reside within such area and are otherwise eligible for such appointments under this chapter.
31 Del. C. § 5406 — Delaware Code / Title 31 / Chapter 54 / Section 5406
§ Â
        5406. Federal participation.
Status: in_force

Consistent with federal law, the Department of Health and Social Services and Department of Services for Children, Youth and Their Families in connection with the administration of this chapter and any compact pursuant hereto shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272) [42 U.S.C. § 620 et seq.], Titles IV (e) and XIX of the Social Security Act [42 U.S.C. § 670 et seq. and 42 U.S.C. § 1396 et seq.], and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The aforementioned department(s) shall apply for and administer all relevant federal aid in accordance with law.
31 Del. C. § 4317 — Delaware Code / Title 31 / Chapter 43 / Section 4317
§ Â
        4317. Dissolution.
Status: in_force

Whenever an authority desires to discontinue its operations, it shall make application to DSHA for permission to dissolve. Permission to dissolve shall be given only upon the showing, satisfactory to DSHA, that all projects undertaken by the authority have been completed or abandoned with the approval of DSHA, that provision satisfactory to a majority of its creditors, holding a majority in the amount of claims, has been made, and that the continued existence of the authority would not serve the public interest. Notice of such application for permission to dissolve shall be given to all creditors of the authority in such manner as DSHA approves. If the application to dissolve is granted, DSHA shall either (1) designate an agent to take possession of the authority, to dispose of all of its property in the manner authorized herein, and, after paying or making provisions for the debts and liabilities of the authority and the expenses of dissolution, pay the balance remaining, if any, into the General Fund of the State; or (2) DSHA may, after proper provision has been made for paying or meeting the debts and liabilities of an authority and the expenses of dissolution, approve an agreement conveying the property of the authority to the State, provided that no debt or obligation of the authority shall become the debt or obligation of the State by virtue of such conveyance, unless expressly assumed by the State.
31 Del. C. § 1103 — Delaware Code / Title 31 / Chapter 11 / Section 1103
§ Â
        1103. Penalties for disposal of goods received from relief units for cash or barter.
Status: in_force

No person who has received any clothing, food, goods or other merchandise from any welfare agency in this State shall dispose of the same for cash or barter or for any other consideration.

Whoever violates this section shall be fined not less than $25 nor more than $300, or imprisoned not less than 30 days nor more than 6 months, or both.
31 Del. C. § 4130 — Delaware Code / Title 31 / Chapter 41 / Subchapter III / Section 4130
§ Â
        4130. Emergency orders.
Status: repealed

(a) In general. — Whenever a code official finds that an emergency exists on any premises, or in any structure or part thereof or on any defective equipment which requires immediate action to protect the public’s health and safety or that of the occupants thereof, the code official may, with proper notice and service in accordance with § 4128 of this title, issue an order reciting the existence of such an emergency and requiring the vacating of the premises or such action taken as the code official deems necessary to meet such emergency. Notwithstanding other provisions of this chapter, such order shall be effective immediately, and the premises or equipment involved shall be placarded immediately upon service of the order.

(b) [Repealed.]
31 Del. C. § 3001 — Delaware Code / Title 31 / Chapter 30 / Section 3001
§ Â
        3001. Delaware Human and Civil Rights Commission composition; vacancies; compensation; removal; quorum.
Status: in_force

(a) The Delaware Human and Civil Rights Commission (“Commission”) consists of 18 members, all of whom are appointed by the Governor and, collectively, meet all of the following criteria:

(1) Broadly represent the various racial and cultural groups of this State.

(2) All reasonable efforts must be made to ensure that each county is represented by at least 5 members.

(b) Commission appointments are for 4-year terms. The Governor may appoint a member for a term of less than 4 years to ensure that no more than 5 members’ terms expire in 1 year.

(c) A Commission member serves without compensation but is reimbursed for actual and necessary expenses, except that a member designated by the Chair to serve on hearing panels is compensated the sum of $50 per day, up to a maximum of $1,500 in a calendar year, for each day spent attending a hearing.

(d) A Commission member may be removed at any time for gross inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office.

(1) A member is deemed in neglect of duty if the member, without good cause, is absent from 3 consecutive meetings or attends less than 50% of meetings in a calendar year.

(2) A member deemed in neglect of duty is considered to have resigned. The Commission Chair shall immediately notify the Governor of the resignation.

(e) The Commission shall adopt bylaws that provide for operating procedures, such as election of officers, appointment of committees, conducting of meetings, and other matters that promote the Commission’s efficient operation.

(f) A majority of appointed members must be present at a meeting in order to have a quorum and conduct official business.
31 Del. C. § 4706 — Delaware Code / Title 31 / Chapter 47 / Section 4706
§ Â
        4706. Board of directors.
Status: in_force

(a) The initial size of the board of directors shall be determined in accordance with § 4705(a)(2) of this title. Unless restricted by the agreement specified in § 4705(b) of this title, and subject to the limits set forth in this section, the size of the board of directors may be adjusted in accordance with the adopted bylaws of the land bank and by adoption of a local law, ordinance, or resolution, as appropriate, of the applicable foreclosing governmental unit.

(b) Notwithstanding any law to the contrary, any public officer shall be eligible to serve as a board member and the acceptance of the appointment to the board shall neither terminate nor impair such public office. For purposes of this section, “public officer” shall mean a person who is elected to a state, county, or municipal office. Any state, county, or municipal employee shall also be eligible to serve as a board member. No more than half of the members of the board of a land bank shall be public officials or municipal employees.

(c) All board members of a land bank must either live in or work in a jurisdiction within the area covered by the land bank. The board shall include at least 1 voting member who maintains a membership with a recognized civic organization within the jurisdiction of the foreclosing governmental unit.

(d) Large jurisdictional land banks shall reserve 1 board seat for a member to be appointed by the Governor, 1 board seat for a member to be appointed by the President Pro Tempore of the Senate, and 1 board seat for a member to be appointed by the Speaker of the House of Representatives.

(e) The members of the board of directors shall select annually from among themselves a chair, a vice chair, a treasurer, and such other officers as the board may determine, and shall establish their duties as set forth in the bylaws of the land bank.

(f) The bylaws of the land bank shall establish rules and requirements relative to the attendance and participation of board members in board meetings, whether regular or special. Such bylaws may prescribe a procedure whereby, should any member fail to comply with such rules and regulations, such member may be disqualified and removed from office by no less than a majority vote of the remaining members of the board, and that member’s position shall be vacant as of the first day of the next calendar month. Any person removed under the provisions of this subsection shall be ineligible for reappointment to the board, unless such reappointment is confirmed by the board.

(g) A vacancy on the board shall be filled by the adoption of a local law, ordinance, or resolution, as appropriate, of the applicable foreclosing governmental unit and as provided in the bylaws of the land bank.

(h) Board members shall serve without compensation. Board members shall have the power to organize and reorganize the executive, administrative, clerical, and other departments of the land bank and to fix the duties, powers, and compensation of all employees, agents, and consultants of the land bank in the manner provided in the bylaws. The board may reimburse any board member for expenses actually incurred in the performance of that board member’s duties on behalf of the land bank.

(i) The board shall meet in regular session according to a schedule adopted by the board and may also meet in special session as convened by any officer of the board or upon written notice signed by a majority of the members of the board. The presence of a majority of the board’s total membership, not including vacancies, shall constitute a quorum.

(j) All actions of the board shall be approved by the affirmative vote of a majority of the board members present and voting at the applicable meeting. However, no action of the board shall be authorized on any of the following matters unless approved by a majority of the total board membership:

(1) Adoption of bylaws and other rules and regulations for conduct of the land bank’s business.

(2) Hiring or firing of any employee or contractor of the land bank. This function may, by majority vote, be delegated by the board to a specified officer or committee of the land bank, under such terms and conditions, and to the extent, that the board may specify.

(3) The incurring of debt.

(4) Adoption or amendment of the annual budget.

(5) Sale, lease, encumbrance, or alienation of real property, improvements, or personal property with a value of more than $50,000.

(k) Vote by proxy shall not be permitted. Any board member may request a recorded vote on any resolution or action of the land bank. Board members may participate in board meetings by telephone or video conference to the extent permitted by the bylaws of the land bank.
31 Del. C. § 5224 — Delaware Code / Title 31 / Chapter 52 / Subchapter III / Section 5224
§ Â
        5224. Responsibilities of state departments, agencies and officers.
Status: in_force

The courts, departments, agencies and officers of this State and its subdivisions shall enforce the Compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.
31 Del. C. § 5309 — Delaware Code / Title 31 / Chapter 53 / Section 5309
§ Â
        5309. Exemption from taxation.
Status: in_force

The estate, real and personal, of the School, and for the purposes of its incorporation, shall be free from state, county and city taxes.
31 Del. C. § 524 — Delaware Code / Title 31 / Chapter 5 / Section 524
§ Â
        524. Eligibility for Temporary Assistance for Needy Families.
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 any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the possession, use, or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for assistance under 42 U.S.C. § 601 et seq. if the individual is otherwise eligible for assistance under the Temporary Assistance for Needy Families (TANF) funded program.
31 Del. C. § 4518 — Delaware Code / Title 31 / Chapter 45 / Section 4518
§ Â
        4518. Finding of necessity by local governing body.
Status: in_force

An authority shall not exercise the authority conferred upon municipalities or communities by this chapter until after the local governing body shall have adopted a resolution finding that:

(1) One or more slum or blighted areas shall exist in such municipality or community; and

(2) The rehabilitation, conservation, redevelopment or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of such municipality or community.
31 Del. C. § 4402 — Delaware Code / Title 31 / Chapter 44 / Section 4402
§ Â
        4402. Defenses.
Status: in_force

It shall be a sufficient defense to this proceeding if any defendant of record establishes that:

(1) The condition or conditions described in the petition do not exist at the time of the hearing;

(2) The condition or conditions alleged in the petition have been caused by the negligent acts of 1 or more of the tenants or members of tenants’ families, or by persons on the premises with his, her or their consent; or

(3) Such condition or conditions would have been corrected, were it not for the refusal by tenant or tenants to allow reasonable access to the property in order for the landlord and/or the landlord’s agent to take timely corrective action.
31 Del. C. § 4115 — Delaware Code / Title 31 / Chapter 41 / Subchapter II / Section 4115
§ Â
        4115. Light, ventilation and space requirements.
Status: in_force

(a) In general. — All spaces or rooms shall be provided sufficient light so as not to endanger health and safety. All spaces or rooms shall be provided sufficient natural or mechanical ventilation so as not to endanger health and safety. Where mechanical ventilation is provided in lieu of the natural ventilation, such mechanical ventilating system shall be maintained in operation during the occupancy of any structure or portion thereof.

(b) Light in habitable rooms. — Every habitable room, except kitchens, toilet rooms, basement or cellar rooms and interior rooms of townhouses and row houses, shall have at least 1 window facing directly to the outdoors, a court or a porch. Every habitable room, except kitchens and toilet rooms, shall have at least 1 door or window which can be opened to adequately ventilate the room. Kitchens, toilet rooms without windows, basement or cellar rooms and interior rooms of townhouses and row houses shall have natural or mechanical ventilation.

(c) Common halls and stairways. — Every common hall and stairway in every building, other than 1-family dwellings, shall be adequately lighted at all times with an illumination of at least a 60 watt light bulb. Such illumination shall be provided throughout the normally traveled stairs and passageways.

(d) Other spaces. — All other spaces shall be provided with natural or artificial light of sufficient intensity and so distributed as to permit the maintenance of sanitary conditions and the safe use of the space and the appliances and fixtures.

(e) Toilet rooms. — Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms as required by subsection (b) of this section except that a window shall not be required in bathrooms or water closet compartments equipped with an approved mechanical ventilation system.

(f) Cooking. — Primary cooking facilities shall not be permitted in any sleeping room or dormitory unit, except for efficiency apartments.

(g) Separation of unit. — Dwelling units shall be separate and apart from each other. With the exception of cribrooms or rooms accommodating persons with disabilities, sleeping rooms shall not be used as the only means of access to other sleeping rooms.

(h) Privacy. — Hotel units, lodging units and dormitory units shall be designed to provide privacy and be separate from other adjoining spaces.

(i) Common access. — A habitable room, bathroom or water closet compartment which is accessory to a dwelling unit shall not open directly into or be used in conjunction with a food store, barber or beauty shop, doctor’s or dentist’s examination or treatment room or similar room used for public purposes.

(j) Basement rooms and cellar rooms. — Basement and cellar rooms partially below grade shall not be used for sleeping purposes unless the basement and cellar room (or rooms) is (are) within the specifications for sleeping rooms as provided for in this chapter.

(k) Dwelling units. — Every dwelling unit shall contain a minimum gross floor area of not less than 150 square feet for the first occupant, and 100 square feet for each additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms.

(l) Area for sleeping purposes. — Every room occupied for sleeping purposes by 1 occupant shall contain at least 64 square feet of floor area.

(m) Overcrowding. — If any room used for residential purposes is overcrowded as defined in § 4106(28) of this title, the code official may order the number of persons sleeping or living in said room to be reduced.

(n) Prohibited use. — It shall be prohibited to use for sleeping purposes any kitchen, nonhabitable space or public space.

(o) Minimum ceiling heights. — Habitable rooms shall have a clear ceiling height over the minimum area required by this chapter at not less than 7 feet, 4 inches, except that in attics, basements, or top half-stories the ceiling height shall be not less than 7 feet over not less than one-third of the minimum area required by this chapter when used for sleeping, study or similar activity. In calculating the floor area of such rooms, only those portions of the floor area of the room having a clear ceiling height of 5 feet or more may be included.

(p) Minimum ceiling heights in mobile homes. — Habitable space in a mobile home shall have a minimum ceiling height of 7 feet over 50 percent of the floor area, and the floor area where the ceiling height is less than 5 feet shall not be considered in calculating floor area.

(q) Required space in mobile homes. — Every mobile home shall contain a minimum gross floor area of not less than 150 square feet for the first 2 occupants, and 100 square feet for each additional occupant.
31 Del. C. § 507 — Delaware Code / Title 31 / Chapter 5 / Section 507
§ Â
        507. Temporary assistance to nonresidents.
Status: in_force

Any person in need of public assistance while physically present in Delaware, but who lacks residence in this State as defined in this chapter, may be granted assistance subject to the immediate initiation, pursuant to rules and regulations of the Department, of all lawful steps to determine residence elsewhere. Assistance to any such person shall be terminated when any one of the following events first occurs:

(1) Such person moves to some other jurisdiction;

(2) Such person receives public assistance of any kind from some other jurisdiction;

(3) Such person ceases to be a needy person; or

(4) Such person is found to have residence elsewhere.