reglab/housing_qa huggingface dataset:
16 DE Code § 712. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 7. Sexually Transmitted Diseases|Subchapter I. Sexually Transmitted Disease Prevention and Control|§ 712. Custodian of records.

§ 712. Custodian of records. No Department of Public Health and Social Services or local health department officer or employee shall be examined in a civil, criminal, special or other proceeding as to the existence or contents of pertinent records for a person examined or treated for an STD or HIV infection by the Division of Public Health, or of the existence of contents of such reports received from a private health-care professional or private health facility, without the consent of the person examined and treated for such diseases, except where the information in such records is disclosed pursuant to § 710 or § 711(2), (3) or (5) of this title. 66 Del. Laws, c. 334, §  1;  70 Del. Laws, c. 149, §  84;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 277, §  1;
16 DE Code § 713. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 7. Sexually Transmitted Diseases|Subchapter I. Sexually Transmitted Disease Prevention and Control|§ 713. Penalties; jurisdiction.

§ 713. Penalties; jurisdiction. (a) Except for § 702 of this title, whoever violates this chapter or any lawful rule or regulations made by the Department of Health and Social Services under § 707 of this title, or fails to obey any lawful order issued by the Director under this chapter shall be fined not less than $100 nor more than $1,000. (b) Whoever violates § 702 of this title shall be fined not less than $25 and not more than $200 for each offense. (c) Each separate day that a violation of this chapter as defined under subsections (a) and (b) of this section continues shall be deemed a separate offense for penalty purposes. (d) Justices of the peace shall have jurisdiction of offenses under this chapter. Code 1915, §  740A;  30 Del. Laws, c. 53, §§  1-6;  33 Del. Laws, c. 57, §  4;  34 Del. Laws, c. 69, §  1;  Code 1935, §  778;  16 Del. C. 1953, §  709;  66 Del. Laws, c. 334, §  1;  70 Del. Laws, c. 149, §  85;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 277, §  1;
16 DE Code § 716. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 7. Sexually Transmitted Diseases|Subchapter II. Hiv Testing and Counseling|§ 716. HIV testing of pregnant women.

§ 716. HIV testing of pregnant women. (a) A perinatal care provider may provide routine/opt-out testing pursuant to § 715(a) of this title. (1) In addition to the provisions of this subsection, a licensed health-care provider who renders the primary prenatal care for a pregnant woman must offer HIV testing upon intake to perinatal services, during the third trimester, and at intake into labor and delivery if the result of previous test are not available or documented in the patient's chart. (2) In addition to the provisions this subsection, a licensed health-care provider who renders the primary prenatal care for a pregnant woman must also counsel a pregnant woman that is found to be HIV-infected, orally or in writing, about the dangers to her fetus and about the treatment options for maintaining her health and reducing chances of transmission of HIV to her fetus. (b) A pregnant woman shall have the right to refuse consent to testing HIV infection at any instance of testing and to refuse any recommended treatment. Documentation of such refusal shall be maintained in the patient's medical record. All other provisions of this subchapter shall apply to such counseling, testing, and disclosure, which take place pursuant to this section. 70 Del. Laws, c. 520, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 458, §  1;  75 Del. Laws, c. 434, §  1;  77 Del. Laws, c. 109, §  2;  78 Del. Laws, c. 277, §  2;
16 DE Code § 718. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 7. Sexually Transmitted Diseases|Subchapter II. Hiv Testing and Counseling|§ 718. Enforcement of subchapter.

§ 718. Enforcement of subchapter. (a) Any person aggrieved by a violation of this subchapter shall have a right of action in the Superior Court and may recover for each violation:  (1) Against any person who negligently violates a provision of this subchapter, damages of $1,000 or actual damages, whichever is greater. (2) Against any person who intentionally or recklessly violates a provision of this subchapter, damages of $5,000 or actual damages, whichever is greater. (3) Reasonable attorneys' fees. (4) Such other relief, including an injunction, as a court may deem appropriate. (b) Any action under this subchapter is barred unless the action is commenced within 3 years after the cause of action accrues. A cause of action will accrue when the injured party becomes aware of an unauthorized disclosure pursuant to § 717 of this title, or that an HIV-related test has been conducted without informed consent pursuant to § 715 of this title. (c) The Attorney General may maintain a civil action to enforce this subchapter in which a Court may order any relief authorized by subsection (a) of this section. (d) Nothing in this subchapter shall be construed to impose civil liability or criminal sanction for disclosure of an HIV-related test result in accordance with any reporting requirement by the Division. 66 Del. Laws, c. 336, §  1;  70 Del. Laws, c. 520, §  1;  71 Del. Laws, c. 458, §  1;  78 Del. Laws, c. 277, §  2;
16 DE Code § 901. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter I. Reports and Investigations of Abuse and Neglect|§ 901. Purpose.

§ 901. Purpose. The child welfare policy of this State shall serve to advance the best interests and secure the safety of the child, while preserving the family unit whenever the safety of the child is not jeopardized. The child welfare policy of this State extends to all child victims, whether victims of intrafamilial or extrafamilial child abuse and neglect. To that end this chapter, among other things, does all of the following:  (1) Provides for comprehensive, multidisciplinary investigative and protective services for abused and neglected children. (2) Mandates that reports of child abuse or neglect be made to the appropriate authorities. (3) Requires various agencies in Delaware's child protection system to work together to ensure the safety of children who are the subject of reports of abuse or neglect by conducting coordinated multidisciplinary investigations where required, judicial proceedings and family assessments, and by providing necessary services. (4) Provides for the protection of children in facilities or organizations primarily concerned with child welfare and care that are required to be licensed under Delaware law by requiring the Delaware Department of Justice to notify any such facility where an employee of, or other person associated with, the facility has been charged with or convicted of an offense involving child sexual abuse. This chapter also provides for the protection of children in facilities or organizations primarily concerned with child welfare and care that are required to be licensed under Delaware law by requiring the Delaware Department of Justice to notify any such facility where an employee of, or other person associated with, the facility has been charged with or convicted of an offense involving child sexual abuse. 16 Del. C. 1953, §  1001;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;  68 Del. Laws, c. 440, §  1;  71 Del. Laws, c. 199, §  2;  78 Del. Laws, c. 403, §  1;  81 Del. Laws, c. 144, §  1;
16 DE Code § 903. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter I. Reports and Investigations of Abuse and Neglect|§ 903. Reports required.

§ 903. Reports required. (a) Any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect shall make a report in accordance with § 904 of this title. For purposes of this section, “person” shall include, but shall not be limited to, any physician, any other person in the healing arts including any person licensed to render services in medicine, osteopathy or dentistry, any intern, resident, nurse, school employee, social worker, psychologist, medical examiner, hospital, health-care institution, the Medical Society of Delaware or law-enforcement agency. In addition to and not in lieu of reporting to the Department, any such person may also give oral or written notification of said knowledge or suspicion to any police officer who is in the presence of such person for the purpose of rendering assistance to the child in question or investigating the cause of the child's injuries or condition. (b) The Department shall inform any person required to report under this section of the person's right to obtain information concerning the disposition of the report. The Department shall make information on the general disposition of the report available through the Department report line to any person required to report under this section. 16 Del. C. 1953, §  1002;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;  72 Del. Laws, c. 179, §  4;  77 Del. Laws, c. 320, §  1;  81 Del. Laws, c. 144, §  3;  83 Del. Laws, c. 228, § 1;
16 DE Code § 904. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter I. Reports and Investigations of Abuse and Neglect|§ 904. Nature and content of report; to whom made.

§ 904. Nature and content of report; to whom made. (a) Any report of child abuse or neglect required to be made under this chapter must be made by contacting the Child Abuse and Neglect Report Line for the Department of Services for Children, Youth and Their Families. An immediate oral report must be made by telephone or otherwise. Reports and the contents thereof including a written report, if requested, must be made in accordance with the rules and regulations of the Department. An individual with knowledge of child abuse or neglect or knowledge that leads to a good faith suspicion of child abuse or neglect may not rely on another individual who has less direct knowledge to call the aforementioned report line. (b) When a written report is made by a person required to report under § 903 of this title, the Department shall contact the person who made such report within 48 hours of the receipt of the report in order to ensure that full information has been received and to obtain any additional information, including medical records, which may be relevant to the contents of the report. (c) When 2 or more persons who are required to report under § 903 of this title have joint knowledge of a known or suspected instance of child abuse or neglect, the telephone report may be made by 1 person with joint knowledge who was selected by mutual agreement of those persons involved. The report must include all persons with joint knowledge of the known or suspected instance of child abuse or neglect at the time the report is made. Any person who has knowledge that the individual who was originally designated to report has failed to do so shall immediately make the report required under § 903 of this title. 16 Del. C. 1953, §  1003;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;  64 Del. Laws, c. 108, §§  4, 11;  77 Del. Laws, c. 320, §  2;  80 Del. Laws, c. 84, §  1;  81 Del. Laws, c. 144, §  4;  83 Del. Laws, c. 228, § 1;
16 DE Code § 905. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter I. Reports and Investigations of Abuse and Neglect|§ 905. Telephone reports, Child Protection Registry and information.

§ 905. Telephone reports, Child Protection Registry and information. (a) The Department shall establish and maintain a 24-hour statewide toll-free telephone report line operating at all times and capable of receiving all reports of alleged abuse and neglect of a child. (b) The Department shall maintain a Child Protection Registry and an internal information system. The Department shall keep unsubstantiated reports in the internal information system. (c) Every report of child abuse or neglect made to the Department shall be entered in the Department's internal information system. (d) Upon receipt of a report on any multidisciplinary case, the Department shall notify the appropriate law-enforcement agency and shall provide a detailed description of the report received. Notwithstanding any provision of the Delaware Code to the contrary, to the extent the law-enforcement agency with primary jurisdiction over the case is unable to assist, the primary law-enforcement agency may request another law-enforcement agency with jurisdiction to exercise such jurisdiction. Upon request, the other law-enforcement agency may exercise such jurisdiction. (e) Although reports may be made anonymously, the Department shall in all cases, after obtaining relevant information regarding alleged abuse or neglect, request the name and address of any person making a report. (f) Upon receipt of a report, the Department shall immediately communicate such report to its appropriate staff, after a check has been made with the internal information system to determine whether previous reports have been made regarding actual or suspected abuse or neglect of the subject child, or any reports regarding any siblings, family members, or the alleged perpetrator, and such information as may be contained from such previous reports. Such relevant information as may be contained in the internal information system must also be forwarded to the appropriate Department staff. (g) Upon receipt of a report of death, serious physical injury or sexual abuse, or any other report requested by the Investigation Coordinator, the Department shall notify the Investigation Coordinator of the report, in sufficient detail to permit the Investigation Coordinator to undertake the Investigation Coordinator's duties, as specified in § 906 of this title. 16 Del. C. 1953, §  1004;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;  64 Del. Laws, c. 108, §  4;  68 Del. Laws, c. 440, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 199, §  4;  73 Del. Laws, c. 412, §§  26, 27;  77 Del. Laws, c. 320, §  3;  78 Del. Laws, c. 403, §  3;  81 Del. Laws, c. 144, §  5;  83 Del. Laws, c. 228, § 1;
16 DE Code § 907. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter I. Reports and Investigations of Abuse and Neglect|§ 907. Temporary emergency protective custody.

§ 907. Temporary emergency protective custody. (a) A police officer, nurse practitioner, or a physician who reasonably suspects that a child is in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect and who reasonably suspects the harm or threat to life may occur before the Family Court can issue a temporary protective custody order may take or retain temporary emergency protective custody of the child without the consent of the child's parents, guardian, or others legally responsible for the child's care. (b) Any person taking a child into temporary emergency protective custody under this section shall immediately notify the Department, in the county in which the child is located, of the person's actions and make a reasonable attempt to advise the parents, guardians, or others legally responsible for the child's care. In notifying the Department, such person shall set forth the identity of the child and the facts and circumstances which gave such person reasonable cause to believe that there was imminent danger of serious physical harm or threat to the life of the child. Upon notification that a child has been taken into temporary emergency protective custody, the Department shall immediately respond in accordance with § 906 of this title to secure the safety of the child which may include ex parte custody relief from the Family Court if appropriate. (c) Temporary emergency protective custody for purposes of this section may not exceed 4 hours and must cease upon the Department's response pursuant to subsection (b) of this section. (d) For the purposes of this section, “temporary emergency protective custody” means temporary placement within a hospital, medical facility, or such other suitable placement; provided, however, that an abused or neglected child may not be detained in temporary custody in a secure detention facility. (e) A Department investigator conducting an investigation pursuant to § 906 of this title has the same authority as that granted to a police officer, nurse practitioner, or physician in subsection (a) of this section, subject to all the same conditions as those listed in subsections (a) through (d) of this section, provided that the child in question is located at a school, day care facility, or child care facility at the time that the authority is initially exercised. In no other case may an employee of the Department exercise custody under this section. 71 Del. Laws, c. 199, §  5;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 173, §  7;  81 Del. Laws, c. 144, §  7;  83 Del. Laws, c. 228, § 1;
16 DE Code § 908. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter I. Reports and Investigations of Abuse and Neglect|§ 908. Immunity from liability, and special reimbursement to safe havens for expenses related to certain babies.

§ 908. Immunity from liability, and special reimbursement to safe havens for expenses related to certain babies. (a) Any person participating in good faith in the making of a report or notifying police officers pursuant to this chapter; assisting in a multidisciplinary case as required by § 906(b)(4) of this title; performing a medical examination without the consent of those responsible for the care, custody, and control of a child pursuant to § 906(e) of this title; or exercising emergency protective custody in compliance with § 907 of this title has immunity from any liability, civil or criminal, that might otherwise exist, and such immunity extends to participation in any judicial proceeding resulting from the above actions taken in good faith. This section does not limit the liability of any health-care provider for personal injury claims due to medical negligence that occurs as a result of any examination performed pursuant to this chapter. (b) (1) Except for negligence or intentional acts, a safe haven under § 907A(b) of this title that, or an employee or volunteer of the safe haven who, accepts temporary emergency protective custody of a baby under § 907A of this title is absolutely immune from civil and administrative liability for any act of commission or omission in connection with the acceptance of that temporary emergency protective custody or the provision of care for the baby while the baby is in the safe haven's temporary emergency protective custody. (2) If a safe haven under § 907A(b) of this title accepts temporary emergency protective custody of a baby under § 907A of this title, the State shall reimburse the safe haven for eligible, medically necessary costs under the Medicaid Fee for Service Program.16 Del. C. 1953, §  1005;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;  71 Del. Laws, c. 199, §  5;  72 Del. Laws, c. 179, §  5;  73 Del. Laws, c. 187, §§  4, 5, 8;  75 Del. Laws, c. 376, §  1;  78 Del. Laws, c. 403, §  4;  81 Del. Laws, c. 144, §  8;  83 Del. Laws, c. 242, § 3;
16 DE Code § 909. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter I. Reports and Investigations of Abuse and Neglect|§ 909. Privileged communication not recognized; judicial proceedings; disclosure of information.

§ 909. Privileged communication not recognized; judicial proceedings; disclosure of information. (a) No legally recognized privilege, except that between attorney and client and that between priest and penitent in a sacramental confession, applies to situations involving known or suspected child abuse, neglect, exploitation, or abandonment and does not constitute grounds for failure to report as required by § 903 of this title or to give or accept evidence in any judicial proceeding relating to child abuse or neglect. (b) In any judicial proceeding involving the custody of a child, the fact that a report has been made pursuant to § 903 or § 905 of this title is not be admissible unless offered by the Department as a party or as a friend of the court. However, this subsection does not prohibit the introduction of evidence from independent sources to support the allegations that may have caused a report to have been made. (c) To protect the privacy of the family and the child named in a report, the Department shall establish guidelines concerning the disclosure of information concerning the abuse and neglect involving a child. The Department may require persons to make written requests for access to records maintained by the Department. The Department may only release information to persons who have a legitimate public safety need for such information or a need based on the health and safety of a child subject to abuse, neglect or the risk of maltreatment, and such information may be used only for the purpose for which the information is released. 16 Del. C. 1953, §  1007;  55 Del. Laws, c. 50, §  1;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;  71 Del. Laws, c. 199, §  5;  81 Del. Laws, c. 144, §  9;  83 Del. Laws, c. 228, § 1;
16 DE Code § 910. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 9. Abuse of Children|Subchapter I. Reports and Investigations of Abuse and Neglect|§ 910. Court orders to compel.

§ 910. Court orders to compel. (a) Whenever an investigation has been opened with the Department pursuant to § 906 of this title for potential abuse or neglect of a child, the Department shall have the authority to petition for an order from the Family Court:  (1) To obtain access to the child, or children, and the residence of child, or children; or (2) To compel the appearance of a person at an office of the Department in furtherance of the investigation; or (3) To compel compliance with a treatment plan previously agreed to by a child's parent or guardian, if noncompliance with the plan endangers a child's safety; or (4) To compel completion of a substance abuse or mental health evaluation by the parent or guardian or completion of a developmental health screening for the child or children. (b) The Family Court shall issue such an order upon the Department establishing by a preponderance of evidence that it provided written notice of its intent to file the petition and:  (1) For petitions requesting relief under paragraph (a)(1), (a)(2), or (a)(3) of this section:  a. That the Department has in good faith attempted on at least 2 separate prior occasions, at least 1 of which was by written communication sent by certified mail, return receipt requested, to contact the person in question without success; or b. That a child is in actual danger or there is an imminent risk of danger due to the Department's inability to communicate with the person or see the child or the child's residence; (2) For petitions requesting relief under paragraph (a)(4) of this section, the investigation has revealed that substance abuse, mental health conditions, or developmental delays may be factors placing the child at risk of abuse or neglect. (c) The Family Court shall enforce noncompliance with such an order pursuant to § 925(3) of Title 10. (d) Petitions filed pursuant to this section may be granted on an ex parte basis if a child is at risk of imminent physical danger, provided that the Family Court shall consider all requests pursuant to paragraphs (a)(1), (a)(2) and (a)(3) of this section within 2 business days of the request being made. The Family Court shall consider all petitions filed under paragraph (a)(4) of this section within 10 business days of the filing. (e) For petitions filed under paragraph (a)(4) of this section against any parent or guardian who is indigent, that indigent parent or guardian shall have the right to request a Court-appointed attorney authorized to practice law in this State to represent the parent or guardian at no cost to that parent or guardian. 71 Del. Laws, c. 199, §  6;  72 Del. Laws, c. 173, §  6;  80 Del. Laws, c. 95, §  1;  83 Del. Laws, c. 228, § 1;