reglab/housing_qa huggingface dataset:
16 DE Code § 911. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter I. Reports and Investigations of Abuse and Neglect|§ 911. Training and information.

§ 911. Training and information. (a) The Department shall, on a continuing basis, undertake and maintain programs to inform all persons required to report abuse or neglect pursuant to § 903 of this title and the public of the nature, problem and extent of abuse and neglect, and of the remedial and therapeutic services available to children and their families and to encourage self-reporting and the voluntary acceptance of such services. (b) The Department shall conduct ongoing training programs to advance the purpose of this section. (c) The Department shall continuously publicize the existence of the 24-hour report-line to those required to report abuse or neglect pursuant to § 903 of this title of their responsibilities and to the public the existence of the 24-hour statewide toll-free telephone number to receive reports of abuse or neglect. 71 Del. Laws, c. 199, §  6;  83 Del. Laws, c. 228, § 1;
16 DE Code § 912. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter I. Reports and Investigations of Abuse and Neglect|§ 912. The Child Protection Accountability Commission.

§ 912. The Child Protection Accountability Commission. Transferred to § 931 of this title by 80 Del. Laws, c. 187, § 8, effective September 10, 2015.
16 DE Code § 913. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter I. Reports and Investigations of Abuse and Neglect|§ 913. Child under treatment by spiritual means not neglected.

§ 913. Child under treatment by spiritual means not neglected. No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for that reason alone be considered a neglected child for the purposes of this chapter. 16 Del. C. 1953, §  1006;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;
16 DE Code § 914. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter I. Reports and Investigations of Abuse and Neglect|§ 914. Penalty for violation.

§ 914. Penalty for violation. (a) Whoever violates § 903 of this title shall be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation. (b) In any action brought under this section, if the court finds a violation, the court may award costs and attorneys' fees. 16 Del. C. 1953, §  1008;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;  77 Del. Laws, c. 121, §  1;  77 Del. Laws, c. 320, §  6;
16 DE Code § 921. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter II. Child Protection Registry|§ 921. Child Protection Registry; purpose.

§ 921. Child Protection Registry; purpose. The Department shall maintain a Child Protection Registry which contains information about persons who have been substantiated for abuse or neglect as provided in this subchapter or who were substantiated between August 1, 1994, and February 1, 2003. The primary purpose of the Child Protection Registry is to protect children and to ensure the safety of children in child care, health care and public educational facilities. This subchapter must be liberally construed so that these purposes may be realized. 73 Del. Laws, c. 412, §  7;  83 Del. Laws, c. 228, § 1;
16 DE Code § 922. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter II. Child Protection Registry|§ 922. Entry on the Child Protection Registry.

§ 922. Entry on the Child Protection Registry. The Child Protection Registry must indicate “substantiated for abuse” or “substantiated for neglect” and the Child Protection Level as designated in § 923 of this subchapter for any person who:  (1) Based on the same incident of abuse or neglect on which the substantiation proceeding is premised, has been convicted of any criminal offense set out in § 923 of this subchapter or any offense specified in the laws of another state, the United States or any territory of the United States which is the same as or equivalent to any of the offenses set out in § 923 of this title. (2) Has been found by the Family Court, in a child welfare proceeding brought by the Department or in which the Department is a party, by a preponderance of the evidence to have abused or neglected a child. (3) Fails to make a timely written request for a hearing as provided in § 924(a)(2) of this title after being given notice by the Department of its intent to substantiate the person for abuse or neglect and enter the person on the Registry. (4) Is entered on the Registry by order of the Family Court in a proceeding on a Petition for Substantiation as described in § 925 or § 925A of this title. (5) Was substantiated for abuse or neglect between August 1, 1994, and February 1, 2003.73 Del. Laws, c. 412, §  7;  79 Del. Laws, c. 314, §  1;  83 Del. Laws, c. 228, § 1;
16 DE Code § 925. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter II. Child Protection Registry|§ 925. Petition for substantiation.

§ 925. Petition for substantiation. (a) If a person responds to the Department and requests a hearing in the Family Court before being entered on the Registry, as provided in § 924 of this title, the Department shall, unless the automatic stay provisions of § 927 of this title apply, file in the Family Court no later than 45 days after receipt of the written request, or in the case of a child, no later than 45 days after the notice of intent to substantiate was sent to the child, a petition for substantiation which requests that the Court substantiate the abuse or neglect and enter the person on the Child Protection Registry at a Child Protection Level designated by the Court. (b) The petition for substantiation must be filed in the county in which the alleged incident leading to the petition occurred. (c) The Family Court may, upon motion by the Department or sua sponte, enter an order that places the person on the Registry at a designated Child Protection Level pending a final order on the petition for substantiation. (d) The Family Court shall appoint counsel for any unrepresented child against whom a petition for substantiation has been filed. 73 Del. Laws, c. 412, §  7;  79 Del. Laws, c. 314, §  1;  83 Del. Laws, c. 228, § 1;
16 DE Code § 925A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter II. Child Protection Registry|§ 925A. Grounds for substantiation.

§ 925A. Grounds for substantiation. (a) Unless otherwise provided in this subchapter, no person shall be placed on the registry unless the Court finds by a preponderance of the evidence after a hearing on the merits, or accepts the agreement of the parties, that:  (1) The person committed an act of abuse or neglect; and (2) The act of abuse or neglect was based on the same incident as alleged in the Notice of Intent to Substantiate. (b) Should the elements of subsection (a) of this section be met, the Court shall also determine by a preponderance of the evidence after a hearing on the merits or accept the agreement of the parties, the risk of future harm the person poses to children and designate the person to the appropriate Child Protection Level set forth in § 923 of this title. If the person is convicted of an enumerated crime when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate, the person is automatically entered on the Child Protection Registry at the level designated by § 923 of this title. (c) An order of substantiation may not be stayed pending appeal. (d) If the Family Court finds that the person has not committed an act of abuse or neglect based on the same incident as alleged in the Notice of Intent to Substantiate, the person may not be entered on the Registry for that incident, and the Department shall indicate in its internal information system that the incident is unsubstantiated. (e) If a child welfare proceeding is pending in which the Department has requested a finding of abuse or neglect against a party and entry on the Registry for the same incident, the Family Court shall decide the issues of substantiation and entry on the Registry as provided in § 926 of this title without the necessity of a response to the notice of intent to substantiate or a separate Petition for Substantiation. (f) If the Department fails to file a Petition for Substantiation within 45 days of receipt of a person's written request for a hearing as provided in § 924 of this title and a child welfare proceeding based on the same incident of abuse or neglect is not pending, the person may not be entered on the Child Protection Registry for the incident of abuse or neglect indicated in the notice of intent to substantiate. 79 Del. Laws, c. 314, §  1;  83 Del. Laws, c. 228, § 1;
16 DE Code § 926. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter II. Child Protection Registry|§ 926. Finding of abuse or neglect in child welfare proceeding; binding effect.

§ 926. Finding of abuse or neglect in child welfare proceeding; binding effect. In every child welfare proceeding brought by the Department or in which the Department is a party and in which the Department has requested a finding of abuse or neglect and entry on the Registry, the Family Court shall make findings pursuant to § 925A of this title. The findings of the Family Court are final and binding, and work as issue or claim preclusion for the same incident of abuse or neglect in substantiation proceedings. 73 Del. Laws, c. 412, §  7;  79 Del. Laws, c. 314, §  1;  83 Del. Laws, c. 228, § 1;
16 DE Code § 927. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter II. Child Protection Registry|§ 927. Automatic stay of substantiation proceedings.

§ 927. Automatic stay of substantiation proceedings. (a) Proceedings under §§ 925 and 925A of this title, including the duty to file a Petition for Substantiation, are automatically stayed in any matter in which a criminal or delinquency proceeding involving the same incident of abuse or neglect is pending. The time to file a Petition for Substantiation under § 925 of this title shall begin upon conclusion of the criminal or delinquency proceeding. (b) Conviction of a crime involving the same incident of abuse or neglect is final, binding and determinative of the issue of abuse or neglect and of the person's entry on the Registry at the Child Protection Level designated for such offense. (c) Upon conclusion of a criminal or delinquency proceeding involving the same allegations or facts as those alleged in the incident of abuse or neglect, if the accused is acquitted of the charge or the charge is dismissed and the Department intends to pursue substantiation, the acquittal or dismissal does not automatically work as issue or claim preclusion against a civil finding of abuse or neglect, nor does it prevent the taking of evidence, notwithstanding any other law to the contrary. 73 Del. Laws, c. 412, §  7;  79 Del. Laws, c. 314, §  1;  83 Del. Laws, c. 228, § 1;
16 DE Code § 928. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter II. Child Protection Registry|§ 928. Persons entered on the Registry between August 1, 1994, and February 1, 2003.

§ 928. Persons entered on the Registry between August 1, 1994, and February 1, 2003. (a) The Department shall review each case substantiated for abuse or neglect that was placed on the Central Registry (also known as the Central Child Abuse Registry, the Child Abuse Registry and the Central Abuse Registry) between August 1, 1994, and February 1, 2003, and designate each case to a Child Protection Level in accordance with the regulations developed pursuant to § 923 of this title. (b) A person who has been entered on the Child Protection Registry for the time prescribed in the designated Child Protection Level for the person's incident of abuse or neglect must be automatically removed from the Child Protection Registry, provided that the person has not been substantiated for an incident of abuse or neglect while on the Child Protection Registry. The Department shall notify the person of the removal. (c) The Department shall notify a person who does not qualify for automatic removal from the Child Protection Registry of the Child Protection Level to which the person has been designated and of the consequences of designation to that level, including whether the person will be reported as substantiated for abuse or neglect in a Child Protection Registry check pursuant to Chapter 85 of Title 11 or Chapter 3 of Title 31. 73 Del. Laws, c. 412, §  7;  79 Del. Laws, c. 314, §  1;  80 Del. Laws, c. 154, §  3;  83 Del. Laws, c. 228, § 1;
16 DE Code § 933. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter III. Child Protection Accountability Commission|§ 933. Power and authority of investigations and reviews.

§ 933. Power and authority of investigations and reviews. (a) In connection with any investigation and review conducted under § 931(b)(7) of this title, the Commission, by and through its staff, committee, and panel, has power and authority to do all of the following:  (1) Administer oaths and affirmations to any person related to the death or near death under review. (2) Issue subpoenas to compel the attendance of witnesses whose testimony is related to the death or near death under review. (3) Issue subpoenas to compel the production of records related to the death or near death under review. (b) The Commission may delegate its power and authority in subsection (a) of this section to the Child Advocate, who may further delegate the power and authority to any attorney employed by, contracting with, or volunteering for the Office of the Child Advocate. (c) A subpoena issued under subsection (a) of this section may be enforced or challenged only in the Family Court. (1) All proceedings before the Family Court and all records of such proceedings conducted under this subsection are private. (2) In a proceeding under this subsection (c), the Family Court may impose reasonable restrictions, conditions, or limitations on the access to proceedings and records of proceedings to preserve the confidentiality set forth in § 934 of this title.80 Del. Laws, c. 187, §  9;  81 Del. Laws, c. 143, §  3;
16 DE Code § 934. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter III. Child Protection Accountability Commission|§ 934. Confidentiality of records related to investigations and reviews.

§ 934. Confidentiality of records related to investigations and reviews. (a) The records of the Commission, committee, panel, and its staff, contractors and volunteers, including original documents and documents produced in the investigation and review process with regard to the facts and circumstances of each death or near death, are confidential and may not be released to any person except as expressly provided by this subchapter. Such records may be used by the Commission, committee, panel, and its staff, contractors and volunteers only in the exercise of the proper functions of the Commission and its staff. Such records, together with the summary information, findings, and recommendations therefrom are not public records, 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, records, or information to be disclosed in the course of a civil, criminal, or administrative trial, or associated discovery. Aggregate statistical data compiled by the Commission or its staff, however, may be released at the discretion of the Commission or its staff. (b) No person in attendance at a meeting of the Commission, or any of its committees or panels, is required to testify as to what transpired at such meeting in any forum including any civil, criminal, administrative, or judicial proceeding. 80 Del. Laws, c. 187, §  9;  81 Del. Laws, c. 143, §  4;
16 DE Code § 935. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter III. Child Protection Accountability Commission|§ 935. Immunity from suit related to investigations and reviews.

§ 935. Immunity from suit related to investigations and reviews. (a) Members of the Commission and their agents or employees, including committee and panel 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 §§ 932 and 933 of this title. For the immunity provided by this subsection to apply, the members of the Commission or their agents or employees must have acted in good faith and without malice in carrying out the responsibilities, authority, duties, powers, and privileges of the offices conferred upon them by this subchapter or by any other provisions of the Delaware law, federal law or regulations, or duly adopted rules and regulations of the Commission. Complainants shall bear the burden of proving malice or a lack of good faith to defeat the immunity provided by this subsection. (b) No organization, institution, or person furnishing information, data, reports, or records to the Commission or its staff with respect to any subject examined or treated by such organization, institution, or person, by reason of furnishing such information, shall be liable in damages to any person or subject to any other recourse, civil or criminal. 80 Del. Laws, c. 187, §  9;  81 Del. Laws, c. 143, §  5;
16 DE Code § 1101. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1101. Purpose and overview.

§ 1101. Purpose and overview. (a) It is the intent of the General Assembly that the primary purpose of the licensing and regulation of long-term care facilities is to ensure that these facilities provide a high quality of care and quality of life to their residents. (b) This chapter and the regulations adopted to implement it establish minimum acceptable levels of care. A violation of a minimum acceptable level of care is prohibited by law. (c) The State shall undertake measures to prevent violations. Prevention shall be promoted through education, particularly regarding any new laws and regulations adopted by the State. (d) The State shall undertake measures to assure that violations of this chapter and the regulations promulgated under this chapter are remedied. To that end, the Department shall do all of the following:  (1) Set standards of care. (2) Determine compliance with those standards through inspections, investigations and other compliance measures. (3) Impose sanctions and remedies for noncompliance. (e) (1) The Department shall be responsible for issuing licenses and certifying the compliance of facilities with state laws and regulations. (2) Each facility licensed under this chapter shall, at a minimum, provide quality care in accordance with this chapter and the regulations promulgated thereunder. Components of quality of care and quality of life addressed by this chapter and regulations promulgated thereunder include all of the following:  a. Access to care. b. Continuity of care. c. Comprehensiveness of care, including activities. d. Coordination of services. e. Humaneness of treatment and respect for the dignity of each resident. f. Safety of the environment. g. Qualifications of caregivers. (f) This chapter and its regulations are intended for use in state inspections of facilities licensed under this chapter and any investigations and enforcement actions, and are designed to be useful to consumers and providers in assessing the quality of care provided in a facility. (g) The consumer protection goal of ensuring that residents of long-term care facilities receive quality care shall be strived for in the following ways:  (1) Monitoring the factors relating to the health, safety, welfare and dignity of each resident. (2) Providing effective remedies and requiring their prompt imposition for noncompliance with licensing standards.  (3) Providing the public with information concerning the operation of long-term care facilities in this State. (h) This chapter shall be construed broadly to accomplish the purposes set forth in this section. 71 Del. Laws, c. 488, §  2;  81 Del. Laws, c. 206, § 2;
16 DE Code § 1103. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1103. License and renewal requirement.

§ 1103. License and renewal requirement. (a) A person may not establish, conduct, or maintain any long-term care facility in this State without first obtaining a license from the Department and thereafter renewing this license on an annual basis. Failure to comply with this subsection shall result in the imposition by the Department of a civil penalty not to exceed $10,000 per violation. (b) A nursing facility, assisted living facility, or rest residential facility must operate under the direction of an individual authorized or licensed to perform the functions of a nursing home administrator under Chapter 52 of Title 24. 71 Del. Laws, c. 488, §  2;  76 Del. Laws, c. 89, §  2;  81 Del. Laws, c. 206, § 4;
16 DE Code § 1105. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 11. Long-Term Care Facilities and Services.|Subchapter I. Licensing by the State|§ 1105. Denial of license or its renewal.

§ 1105. Denial of license or its renewal. (a) The Department may deny a license to any applicant or refuse to renew a license to any license holder if the Department finds that the applicant or license holder or any partner, officer, director, managerial employee or controlling person of the applicant or license holder has done any of the following:  (1) Failed to meet the requirements of § 1104 of this title. (2) Operated any long-term care facility without a license or under a revoked or suspended license in any jurisdiction. (3) Knowingly, or with reason to know, made a false statement of a material fact in an application for license or renewal, or any data attached thereto, or in connection with any matter under investigation by the Department, or in any document submitted to the Department, including a plan for the correction of all violations of applicable laws or regulations. (4) Refused to allow representatives or agents of the Department to inspect a portion of the premises of the facility or any resident-related documents, records, and files required to be maintained by the facility. (5) Interfered with or attempted to impede in any way the work of any authorized representative of the State or protection and advocacy agency or the lawful enforcement of any provision of this chapter. (6) Has a history of noncompliance with federal or state law or regulations in providing long-term care. (b) The due process protections of notice and an opportunity to be heard must be provided to facilities prior to the denial of a license or its nonrenewal. The hearing process must be consistent with the Administrative Procedures Act, Chapter 101 of Title 29. (c) In deciding whether to deny a license or its renewal under this section, the factors to be considered by the Department must include the severity and recurrence of the noncompliance. 71 Del. Laws, c. 488, §  2;  77 Del. Laws, c. 201, §  2;  81 Del. Laws, c. 206, § 6;