reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 31 - Welfare › Chapter 25. STATE BOARD OF EDUCATION; DUTIES IN REGARD TO PERSONS WHO ARE BLIND › § 2502. Power to contract with institutions to provide maintenance and instruction.

§ 2502. Power to contract with institutions to provide maintenance and instruction.
For the purpose of providing the care, maintenance and instruction referred to in § 2501 of this title the Board of Education may contract with any institution having or furnishing facilities for such care, maintenance and instruction in this or any other state at a contract price and to pay transportation to and from the institution. The contract shall be made by and with the written consent of the parents or the surviving parent of any such child who is blind, or other relatives, or guardians, if such parents are both dead, or with the Department of Public Welfare, if there are no parents or other relatives.
41 Del. Laws, c. 30, §  2;  31 Del. C. 1953, §  2502;  78 Del. Laws, c. 179, §  362;
2023 Delaware Code › Title 31 - Welfare › Chapter 25. STATE BOARD OF EDUCATION; DUTIES IN REGARD TO PERSONS WHO ARE BLIND › § 2503. Age limitation in contracts; power of Board to cancel contract and remove children.

§ 2503. Age limitation in contracts; power of Board to cancel contract and remove children.
A contract under this chapter shall continue in force and the care, maintenance and education provided therein shall continue until such child who is blind attains the age of 8 years. The State Board of Education may, however, cancel such contract and remove such child who is blind from the institution or school if, in its judgment, such child who is blind does not improve in such a way as to warrant its continuing in the same, or extend the time if the progress of the child requires a longer stay.
41 Del. Laws, c. 30, §  3;  31 Del. C. 1953, §  2503;  78 Del. Laws, c. 179, §  363;
2023 Delaware Code › Title 31 - Welfare › Chapter 27. FACILITIES AND SERVICES FOR CHILDREN AND YOUTH › § 2701. Purposes.

§ 2701. Purposes.
The purposes of the Department of Health and Social Services shall be to:
(1) Study and evaluate existing facilities and services for children and youth in this State;
(2) Determine unmet needs in services and facilities for children and youth in this State;
(3) Formulate plans and courses of action covering the unmet needs of children and youth;
(4) Make recommendations to the Governor, to the General Assembly and to governmental and voluntary agencies, organizations and institutions, on all matters affecting children and youth; and
(5) Study the findings and recommendations of the Mid-Century White House Conference on Children and Youth, and of the Delaware Committee thereof, and subsequent conferences, to stimulate interest in those findings and recommendations and to promote and encourage appropriate follow-up action on the part of governmental and voluntary agencies, organizations and institutions at state and local levels.
48 Del. Laws, c. 275, §  2;  31 Del. C. 1953, §  2706;
2023 Delaware Code › Title 31 - Welfare › Chapter 27. FACILITIES AND SERVICES FOR CHILDREN AND YOUTH › § 2702. Assistance from other organizations.

§ 2702. Assistance from other organizations.
(a) The Department of Health and Social Services may call on appropriate agencies, departments and institutions of the State and other political subdivisions to provide it with advice, information, consultation and assistance.
(b) The Department of Health and Social Services may call on appropriate voluntary agencies and organizations for advice, information, consultation and assistance.
48 Del. Laws, c. 275, §§  9, 10;  31 Del. C. 1953, §  2707;  57 Del. Laws, c. 591, §  43;
2023 Delaware Code › Title 31 - Welfare › Chapter 27. FACILITIES AND SERVICES FOR CHILDREN AND YOUTH › § 2703. Powers.

§ 2703. Powers.
(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. 1953, §  2708;  54 Del. Laws, c. 287;  57 Del. Laws, c. 591, §  43;
2023 Delaware Code › Title 31 - Welfare › Chapter 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL › Subchapter I. General Provisions › § 2801. Burial ground.

§ 2801. Burial ground.
The Secretary of the Department of Health and Social Services shall set aside and maintain a suitable area upon the premises of the Hospital for the burial of bodies in any case where it is incumbent on Kent County to bury a person found dead within the meaning of § 4714 of Title 29.
31 Del. C. 1953, §  2806;  50 Del. Laws, c. 85, §  1;  57 Del. Laws, c. 591, §  19;  60 Del. Laws, c. 207, §  3;
2023 Delaware Code › Title 31 - Welfare › Chapter 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL › Subchapter I. General Provisions › § 2802. Rights of patients.

§ 2802. Rights of patients.
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.
61 Del. Laws, c. 373, §  5;
2023 Delaware Code › Title 31 - Welfare › Chapter 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL › Subchapter II. Operation of Hospital and Admission › § 2820. Jurisdiction over Hospital; rules and regulations; power to contract.

§ 2820. Jurisdiction over Hospital; rules and regulations; power to contract.
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. 1953, §  2820;  49 Del. Laws, c. 144, §  2;  57 Del. Laws, c. 591, §  20;  58 Del. Laws, c. 499, §  7;  60 Del. Laws, c. 207, §  3;  70 Del. Laws, c. 149, §  221;
2023 Delaware Code › Title 31 - Welfare › Chapter 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL › Subchapter II. Operation of Hospital and Admission › § 2821. Organization and operation of Hospital.

§ 2821. Organization and operation of Hospital.
(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. 1953, §  2821;  49 Del. Laws, c. 144, §  2;  57 Del. Laws, c. 591, §  20;  58 Del. Laws, c. 499, §  1;  60 Del. Laws, c. 207, §  3;  70 Del. Laws, c. 149, §  222;
2023 Delaware Code › Title 31 - Welfare › Chapter 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL › Subchapter II. Operation of Hospital and Admission › § 2822. Requirements for admittance to the Hospital.

§ 2822. Requirements for admittance to the Hospital.
There shall be 2 different sets of admission requirements to the Hospital, 1 for persons applying under Title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.] and another for those not applying under Title XIX:
(1) An applicant under Title XIX may be temporarily admitted to the Hospital, on the written order of any member of the Board, in the interim between meetings, of the Board or by order of the Board, when in session, upon presentation to the member of the Board or to the Board as a whole of a statement in writing setting forth the facts describing such person's case, which shall be attested by 2 credible witnesses and verified under oath. In every such case the Board shall cause diligent inquiry to be made into all the facts and circumstances in the applicant's case and, upon ascertainment that the statement submitted is just and true, may make such further order respecting such person as the facts and circumstances may warrant.
(2) Any other person having been a resident in this State for a continuous period of 1 year, who has been unable to obtain employment or is unable to work, who has no property and income sufficient to provide the necessities of life, who has no permanent place of abode and no relatives or friends to care for such person, may be admitted for the time being to the Hospital, on the written order of any member of the Board in the interim between meetings of the Board or by order of the Board when in session, upon presentation, to the member of the Board or to the Board as a whole, of a statement in writing setting forth the facts in such person's case, attested by 2 credible witnesses and verified under oath. In every such case, the Board shall cause diligent inquiry to be made into all the facts and circumstances of such person's case and, upon ascertainment that the statement submitted is just and true, may make such further order respecting such person as the facts and circumstances may warrant.
31 Del. C. 1953, §  2822;  49 Del. Laws, c. 144, §  2;  55 Del. Laws, c. 418;  57 Del. Laws, c. 591, §  20;  58 Del. Laws, c. 499, §  2;  60 Del. Laws, c. 207, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL › Subchapter II. Operation of Hospital and Admission › § 2823. Exclusion of persons with mental conditions; grounds for dismissal.

§ 2823. Exclusion of persons with mental conditions; grounds for dismissal.
(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. 1953, §  2823;  49 Del. Laws, c. 57, §  1;  49 Del. Laws, c. 144, §  2;  57 Del. Laws, c. 99;  58 Del. Laws, c. 499, §  3;  60 Del. Laws, c. 207, §  3;  78 Del. Laws, c. 179, §§  364, 365;
2023 Delaware Code › Title 31 - Welfare › Chapter 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL › Subchapter II. Operation of Hospital and Admission › § 2824. Recording anatomical gift data.

§ 2824. Recording anatomical gift data.
(a) The Delaware Hospital for the Chronically Ill shall, if possible, ascertain from a patient upon admission whether or not the patient has donated all or part of that patient's own body as an anatomical gift either by will or in a manner permitted by § 2713 of Title 16 and the person, institution or organization to which such gift has been made.
(b) The Delaware Hospital for the Chronically Ill shall maintain as part of a patient's permanent record the information required under this section and such other pertinent information about said anatomical gift which will facilitate the carrying out of the patient's wishes in the event of that patient's death. Upon the death of a patient who has made an anatomical gift, the Delaware Hospital for the Chronically Ill shall make every reasonable effort to contact without delay the person, institution or organization to which such gift has been made.
63 Del. Laws, c. 238, §  3;  70 Del. Laws, c. 186, §  1;  80 Del. Laws, c. 182, §  1;  81 Del. Laws, c. 79, § 47;
2023 Delaware Code › Title 31 - Welfare › Chapter 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL › Subchapter III. Expenses and Financing of Hospital › § 2830. Property liable for expenses.

§ 2830. Property liable for expenses.
(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. 1953, §  2830;  49 Del. Laws, c. 144, §  2;  57 Del. Laws, c. 591, §  20;  58 Del. Laws, c. 499, §§  4, 5;  60 Del. Laws, c. 207, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL › Subchapter III. Expenses and Financing of Hospital › § 2831. Liability of relatives for expenses of care and support of patients.

§ 2831. Liability of relatives for expenses of care and support of patients.
(a) The liability of relatives for expenses incurred in the care and support of a patient admitted under Title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.] shall be as follows:
The spouse of a Title XIX patient shall be responsible for the expenses of the patient; parents shall be financially responsible for the expenses incurred by their children who are patients at the Hospital if such children are under the age of 18, are blind or are permanently or totally disabled.
(b) The spouse, parents or children of a person not admitted under Title XIX shall be liable, in the order above named, for the expenses incurred in the care and support of such person; provided, that they are found able to pay such expenses. The Board shall take legal proceedings to enforce this liability, if warranted by the facts and circumstances.
31 Del. C. 1953, §  2831;  49 Del. Laws, c. 144, §  2;  57 Del. Laws, c. 591, §  20;  58 Del. Laws, c. 499, §  6;  60 Del. Laws, c. 207, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL › Subchapter III. Expenses and Financing of Hospital › § 2832. Financing of Hospital maintenance; other expenses.

§ 2832. Financing of Hospital maintenance; other expenses.
The cost of the operation and maintenance of the Hospital and the care and support of its inmates shall be paid by the State Treasurer.
31 Del. C. 1953, §  2832;  56 Del. Laws, c. 291;  60 Del. Laws, c. 207, §  3;
2023 Delaware Code › Title 31 - Welfare › Chapter 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL › Subchapter IV. Penalties › § 2840. Fraud in connection with admission; penalty.

§ 2840. Fraud in connection with admission; penalty.
Whoever by wilful false statements, misrepresentation or other fraudulent device, obtains or attempts to obtain or aids or abets any other person to obtain admission to the Hospital, when such person is not entitled to admission under this chapter, or disposes of any property or aids or abets in the buying or in any other way disposing of the property of a person applying for admission or who has already been admitted to the Hospital, without the knowledge or consent of the Board, which property is liable for the expense incurred in the care and support of such person in the Hospital, shall be fined not more than $500, or imprisoned not more than 3 years, or both.
31 Del. C. 1953, §  2840;  49 Del. Laws, c. 144, §  2;  60 Del. Laws, c. 207, §  3;
2023 Delaware Code › Title 31 - Welfare › Chapter 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL › Subchapter IV. Penalties › § 2841. Other penalties.

§ 2841. Other penalties.
Whoever violates this chapter, for which no penalty is specifically prescribed, shall be fined not more than $500, or imprisoned not more than 3 years, or both.
31 Del. C. 1953, §  2841;  49 Del. Laws, c. 144, §  2;
2023 Delaware Code › Title 31 - Welfare › Chapter 30. Delaware Human and Civil Rights Commission › § 3001. Delaware Human and Civil Rights Commission composition; vacancies; compensation; removal; quorum.

§ 3001. Delaware Human and Civil Rights Commission composition; vacancies; compensation; removal; quorum.
(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. 1953, §  3001;  53 Del. Laws, c. 261, §  1;  65 Del. Laws, c. 377, §§  7, 8;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 356, §§  3, 4;  81 Del. Laws, c. 171, § 1;  83 Del. Laws, c. 305, § 13;
2023 Delaware Code › Title 31 - Welfare › Chapter 30. Delaware Human and Civil Rights Commission › § 3002. Chair and executive committee; meetings.

§ 3002. Chair and executive committee; meetings.
(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. 1953, §  3002;  53 Del. Laws, c. 261, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 171, § 2;
2023 Delaware Code › Title 31 - Welfare › Chapter 30. Delaware Human and Civil Rights Commission › § 3003. Responsibilities.

§ 3003. Responsibilities.
The Commission is responsible for carrying out public information and education programs, preparing reports and recommendations, and making surveys and studies necessary for the performance of its duties under this chapter. The Commission may delegate 1 or more of its responsibilities under this section to the Division of Human and Civil Rights (“Division”), but the delegation must specifically state the responsibility the Division must undertake.
31 Del. C. 1953, §  3003;  57 Del. Laws, c. 679, §  1;  75 Del. Laws, c. 356, §  5;  81 Del. Laws, c. 171, § 3;  83 Del. Laws, c. 305, § 14;
2023 Delaware Code › Title 31 - Welfare › Chapter 30. Delaware Human and Civil Rights Commission › § 3004. Powers and duties.

§ 3004. Powers and duties.
The Commission shall cooperate with the Governor, the General Assembly, public agencies, officials, firms, corporations, civic groups, and individuals in promoting amicable relationships among the various racial and cultural groups within the State. To this end the Commission may do any of the following:
(1) Act as conciliator in matters involving members of groups protected under the laws enforced by the Commission. The provisions of the Freedom of Information Act in Chapter 100 of Title 29 do not apply to meetings that involve conciliation or mediation.
(2) Complete investigations, surveys, and studies as are pertinent to the performance of its duties.
(3) Make recommendations to the Governor and General Assembly concerning needed legislation.
(4) Perform duties assigned to the Commission under Chapter 45 and 46 of Title 6.
31 Del. C. 1953, §  3004;  53 Del. Laws, c. 261, §  1;  62 Del. Laws, c. 122, §  1;  62 Del. Laws, c. 330, §  1;  75 Del. Laws, c. 356, §  6;  81 Del. Laws, c. 171, § 5;
2023 Delaware Code › Title 31 - Welfare › Chapter 30. Delaware Human and Civil Rights Commission › § 3005. Special Administration Fund.

§ 3005. Special Administration Fund.
(a) Creation. —
A special fund in the State Treasury, to be known as the Special Administration Fund of the Delaware Human and Civil Rights Commission and referred to as “the Fund” throughout this section, consists of:
(1) All civil penalties assessed and collected under Chapter 45 or 46 of Title 6.
(2) Costs, attorneys' fees, and expenses awarded to the Commission under Chapter 45 or 46 of Title 6.
(3) All Community Development Block Grant moneys designated for the administration and enforcement of Chapter 46 of Title 6.
(4) All other moneys specifically designated for the Fund.
(5) All interest on or profits earned by the Fund.
(b) Administration. —
(1) All moneys collected under this section must be deposited or paid into the Fund, are continuously available to the Commission for expenditure in accordance with this section, do not lapse at any time, and may not be transferred to any other fund, except as provided in subsection (d) of this section. All moneys in the Fund must be prudently invested to the credit of the Fund, administered and disbursed in the same manner as is provided by law for other special funds in the State Treasury, and maintained in a separate ledger account on the books of the Secretary of Finance.
(2) All moneys in the Fund which are received from the federal government, or any of its agencies, or appropriated by this State for purposes described in this chapter or Chapters 45 or 46 of Title 6, may be expended solely for the proper and efficient administration of this chapter.
(3) The State Treasurer is the custodian of and liable on the State Treasurer's official bond for the faithful performance of duties in connection with the Fund. Such liability on the official bond exists in addition to the liability on any separate bond which the State Treasurer may give. All sums recovered on any such official bond for losses sustained by the Fund must be deposited in the Fund.
(c) Use. —
The Commission may use moneys in the Fund for any of the following purposes:
(1) The payment of litigation expenses, costs, and attorneys' fees in connection with the enforcement provisions of Chapters 45 and 46 of Title 6.
(2) The payment of the expenses of investigations conducted under Chapters 45 and 46 of Title 6, and this chapter.
(3) The payment of studies and surveys conducted under this chapter.
(d) Transfer. —
If the Commission determines that the money in the Fund is more than adequate to pay for all foreseeable needs for which this Fund is created, it may authorize the transfer money from the Fund to the General Fund in an amount the Commission deems proper.
68 Del. Laws, c. 311, §  2;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 350, §§  2, 3;  81 Del. Laws, c. 171, § 7;  83 Del. Laws, c. 305, § 15;
2023 Delaware Code › Title 31 - Welfare › Chapter 30. Delaware Human and Civil Rights Commission › § 3006. Subpoenas; compelling testimony.

§ 3006. Subpoenas; compelling testimony.
(a) The Commission may issue subpoenas and order discovery in aid of the investigations, surveys, and studies authorized under § 3004 of this title when the Attorney General has reason to believe that such subpoenas and discovery will enable the Commission to perform the duties imposed by this chapter.
(b) Any subpoena, process, order of the Commission, or other paper requiring service may be served by any sheriff, deputy sheriff, constable, or employee of the Division.
(c) If a witness refuses to obey a subpoena that the Commission lawfully issued or give evidence the Commission properly requested, the Commission may petition the Superior Court to compel the witness to obey the subpoena or give the evidence. The Court shall immediately issue process to the witness and hold a hearing on the petition as soon as possible. If the witness refuses, without reasonable cause or legal grounds, to obey the subpoena or give the evidence, the Court shall punish the witness for contempt.
75 Del. Laws, c. 356, §  7;  81 Del. Laws, c. 171, § 8;  83 Del. Laws, c. 305, § 16;
2023 Delaware Code › Title 31 - Welfare › Chapter 35. DELAWARE AGING AND DISABILITY RESOURCE CENTER › § 3501. Declaration of policy.

§ 3501. Declaration of policy.
(a) The General Assembly recognizes that supporting the elderly and adults with physical disabilities in a community setting is a priority for Delaware families. While it is an objective of the Division of Services for Aging and Adults with Physical Disabilities to provide services that help older people and adults with physical disabilities remain independent in their homes or in their community, assistance identifying and accessing these services is often needed.
(b) By establishing the Delaware Aging and Disability Resource Center, the General Assembly intends to assist Delaware families by providing a one-stop access point for long-term care services and support for the elderly and adults with physical disabilities in this State.
67 Del. Laws, c. 362, §  1;  69 Del. Laws, c. 345, §  5;  77 Del. Laws, c. 260, §  2;
2023 Delaware Code › Title 31 - Welfare › Chapter 35. DELAWARE AGING AND DISABILITY RESOURCE CENTER › § 3502. Establishment of Delaware Aging and Disability Resource Center.

§ 3502. Establishment of Delaware Aging and Disability Resource Center.
There is hereby established a Delaware Aging and Disability Resource Center within the Division of Services for Aging and Adults with Physical Disabilities of the Department of Health and Social Services.
67 Del. Laws, c. 362, §  1;  69 Del. Laws, c. 345, §  5;  77 Del. Laws, c. 260, §  2;
2023 Delaware Code › Title 31 - Welfare › Chapter 35. DELAWARE AGING AND DISABILITY RESOURCE CENTER › § 3503. Responsibilities of the Delaware Aging and Disability Resource Center.

§ 3503. Responsibilities of the Delaware Aging and Disability Resource Center.
The Elder Care Information and Support System shall have the following responsibilities:
(1) Develop a statewide information and support system for Delaware families who are caring for elders locally or providing long-distance care giving;
(2) Establish an Alzheimer's Family Support Center to assist families confronting the devastation of Alzheimer's disease;
(3) Network with the Delaware business community to encourage their active role in providing assistance to their own employees;
(4) Network with other states and national organizations, such as the Washington Business Group on Health, to provide additional assistance to Delaware families; and
(5) Engage in such other activities as shall be deemed beneficial to further assist Delaware families in meeting their elder care responsibilities.
67 Del. Laws, c. 362, §  1;  77 Del. Laws, c. 260, §  2;
2023 Delaware Code › Title 31 - Welfare › Chapter 37. ELDERLY HOUSING COUNSELING PROGRAM › § 3701. Declaration of policy.

§ 3701. Declaration of policy.
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.
65 Del. Laws, c. 126, §  1;  66 Del. Laws, c. 48, §  2;  69 Del. Laws, c. 345, §  5;
2023 Delaware Code › Title 31 - Welfare › Chapter 37. ELDERLY HOUSING COUNSELING PROGRAM › § 3702. Establishment.

§ 3702. Establishment.
There is hereby established an Elderly Housing Counseling Program within the Division of Services for Aging and Adults with Physical Disabilities, Department of Health and Social Services.
65 Del. Laws, c. 126, §  1;  66 Del. Laws, c. 48, §  2;  69 Del. Laws, c. 345, §  5;
2023 Delaware Code › Title 31 - Welfare › Chapter 37. ELDERLY HOUSING COUNSELING PROGRAM › § 3703. Definitions.

§ 3703. Definitions.
As used in this chapter:
(1) “Department” shall mean the Department of Health and Social Services.
(2) “Division” shall mean the Division of Services for Aging and Adults with Physical Disabilities.
(3) “Matched Housing Program” shall mean shared housing arrangements.
(4) “Program” shall mean the Housing Counseling Program.
(5) “Senior citizen” shall mean any Delaware resident 60 years of age or older.
(6) “Task Force” shall mean the Task Force on Housing for Senior Citizens.
65 Del. Laws, c. 126, §  1;  66 Del. Laws, c. 48, §  2;  69 Del. Laws, c. 345, §  5;
2023 Delaware Code › Title 31 - Welfare › Chapter 37. ELDERLY HOUSING COUNSELING PROGRAM › § 3705. Task Force on Housing for Senior Citizens.

§ 3705. Task Force on Housing for Senior Citizens.
(a) There is established a Task Force on Housing for Senior Citizens.
(b) The Task Force shall be composed of at least 9 members who shall be appointed by the Secretary of the Department of Health and Social Services.
(c) The duties of the Task Force shall include, but not be limited to, the following:
(1) To study, research, plan and advise the staff of the Program and the Division Director on matters it deems appropriate to enable the Program to function in the best possible manner;
(2) To review and advise the staff and the Division Director regarding the annual proposed budget for the Program.
(d) The terms of the new members shall be staggered. The first 3 appointees shall serve for a term of 1 year. The next 3 appointees shall serve for a term of 2 years, and the next 3 appointees shall serve for a term of 3 years. Appointees, including reappointees, after the initial 9, shall serve 3-year terms. No person shall serve for more than 2 consecutive terms. Persons serving 2 consecutive terms are eligible for reappointment after a 1-year absence.
(e) The members shall include at least 1 representative from each of the following:
A private housing program, a public housing agency, the appropriate county government housing agency, a senior citizen organization, the business community and private citizens.
(f) The membership of the Task Force may be expanded to a maximum of 13 members if the program is expanded statewide. The Task Force may form subcommittees.
(g) The Chairperson of the Task Force shall be chosen by the Task Force from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.
65 Del. Laws, c. 126, §  1;  66 Del. Laws, c. 48, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 39. ADULT PROTECTIVE SERVICES › § 3901. Legislative intent.

§ 3901. Legislative intent.
The General Assembly recognizes that many adult citizens of this State are subject to psychological or physical injury or exploitation because of physical or mental disability, impairment, illness or condition or other causes which render them incapable of providing for their basic daily living needs. The General Assembly, therefore, intends through this chapter to establish a system of services for impaired adults designed to protect their health, safety and welfare. The intent is to authorize only the least possible restrictions on the exercise of personal and civil rights and such restrictions may be permitted only when consistent with proven need for services.
63 Del. Laws, c. 384, §  1;  78 Del. Laws, c. 179, §  367;
2023 Delaware Code › Title 31 - Welfare › Chapter 39. ADULT PROTECTIVE SERVICES › § 3905. Voluntary protective services.

§ 3905. Voluntary protective services.
(a) Any qualified person may receive adult protective services, provided the person requests or affirmatively consents to receive these services. If the person withdraws or refuses consent, the service shall not be provided unless by Court order.
(b) No person shall interfere with the provision of protective services to a person who requests or consents to receive such services or who has been ordered by Court to be provided with such services. In the event that interference occurs on a continuing basis, the Department or the service recipient may petition the Court to enjoin such interference.
63 Del. Laws, c. 384, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 39. ADULT PROTECTIVE SERVICES › § 3906. Involuntary protective services.

§ 3906. Involuntary protective services.
If a person lacks the capacity to consent to receive protective services, these services may only be given in 1 or more of the following ways:
(1) By a police officer, on probable cause of death or immediate and irreparable physical injury, pursuant to § 3907 of this title.
(2) By the Attorney General or a Deputy Attorney General of this State, pursuant to § 3907 of this title.
(3) By an emergency order of the Court, pursuant to § 3908 of this title. The Court shall order only that intervention which it finds to be the least restrictive of the person's liberty and rights, while consistent with the person's welfare and safety. The basis for such order and finding shall be stated in the opinion by the Court.
(4) By the appointment of a guardian pursuant to § 3901 of Title 12.
(5) By a family service specialist on probable cause of death or immediate and irreparable physical injury pursuant to § 3907 of this title.
63 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 343, § 1;
2023 Delaware Code › Title 31 - Welfare › Chapter 39. ADULT PROTECTIVE SERVICES › § 3907. Probable cause of death or immediate and irreparable physical injury.

§ 3907. Probable cause of death or immediate and irreparable physical injury.
(a) When probable cause exists to make a peace officer believe that a person will suffer immediate and irreparable physical injury or death if not immediately placed in a health care facility or other emergency shelter and that the person is incapable of giving consent, the peace officer may transport the person to an appropriate medical facility or emergency shelter.
(b) The peace officer shall immediately or at the beginning of the next working day notify the Department of such transfer and of the circumstances which necessitated it and any other relevant information.
(c) The adult protective services unit shall investigate, and if involuntary protective services are needed on a continuing basis for a person so transported, proceedings shall be initiated for supplying such services pursuant to § 3908 of this title or pursuant to § 3901 of Title 12.
63 Del. Laws, c. 384, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 39. ADULT PROTECTIVE SERVICES › § 3909. Hearing on petition.

§ 3909. Hearing on petition.
(a) The hearing on a petition for involuntary protective services shall be held under the following conditions:
(1) The person needing protective services shall be present unless the person has knowingly and voluntarily waived the right to be present or unless, because of physical or mental incapacity, the person cannot be present without endangering the person's welfare. Waiver or incapacity may not be presumed from nonappearance but shall be determined on the basis of factual information supplied to the Court by counsel or a caseworker.
(2) The person who is impaired has the right to counsel whether or not the person is present at the hearing. If the person is indigent or lacks the capacity to waive counsel, the Court shall appoint counsel. Where the person is indigent, the Court shall assess reasonable attorney's fees, such as are customarily charged by attorneys in this State for comparable services. To the extent that funding for this purpose is budgeted and available, such funds shall be drawn from the budget for adult protective services upon an order directing payment signed by the Court.
(3) The person who is impaired has the right at the expense of the person who is impaired or, if indigent, at the expense of the State, to secure an independent medical and/or psychological examination relevant to the issue involved in any hearing under this section, and to have presented a report of this independent evaluation or to have the Court hear the evaluator's personal testimony as to the condition and circumstances of the person who is impaired as a part of the evidence presented in the behalf of the person who is impaired at the hearing. The person who is impaired shall have the right to have witnesses and evidence subpoenaed in the behalf of the person who is impaired and to have presented at the hearing such witnesses and evidence in support of the position of the person who is impaired as the person who is impaired desires.
(b) The Court shall record a statement of its findings in support of any order for emergency protective services.
63 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §  378;
2023 Delaware Code › Title 31 - Welfare › Chapter 39. ADULT PROTECTIVE SERVICES › § 3911. Adult under treatment by spiritual means not abused, mistreated, neglected, infirm or incapacitated.

§ 3911. Adult under treatment by spiritual means not abused, mistreated, neglected, infirm or incapacitated.
Nothing in this chapter shall be construed to mean an adult is abused, mistreated, neglected, infirm or incapacitated or in need of protective services for the sole reason the person relies upon, or is being furnished with, treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination; nor shall anything in this chapter be construed to authorize or require any medical care or treatment over the implied or express objections of said person.
64 Del. Laws, c. 103, §  1;  68 Del. Laws, c. 42, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 39. ADULT PROTECTIVE SERVICES › § 3912. Confidentiality of records.

§ 3912. Confidentiality of records.
(a) All records and information in the possession of the Department or anyone providing service to an adult protective services alleged victim and the alleged victim's relatives shall be deemed confidential, and shall be disclosed only pursuant to an appropriate court order, or pursuant to the consent of the recipient of the services, where the recipient is legally competent to so consent. Notwithstanding the foregoing, disclosure shall not be unlawful when necessary for purposes directly connected with the administration of adult protective services, or when the identity of the recipient or recipients of such services is not revealed by the disclosure, such as in the case of disclosure of statistics or other such summary information.
(b) Violation of this section is an unclassified misdemeanor. The Superior Court shall have jurisdiction over violations of this section.
(c) Any staff person of adult protective services or anyone providing service to an adult protective services alleged victim who violates these provisions and improperly discloses confidential information shall immediately be removed or dismissed.
67 Del. Laws, c. 185, §  2;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 343, § 1;
2023 Delaware Code › Title 31 - Welfare › Chapter 39. ADULT PROTECTIVE SERVICES › § 3913. Violations.

§ 3913. Violations.
(a) Any person who knowingly or recklessly abuses, neglects, exploits or mistreats an adult who is impaired shall be guilty of a class A misdemeanor.
(b) Any person who knowingly or recklessly exploits an adult who is impaired by using the resources of an adult who is impaired shall be guilty of a class A misdemeanor where the value of the resources is less than $500 and a class G felony where the value of the resources is $500 or more but less than $5,000. If the value of the resources is $5,000 or more but less than $10,000, the person shall be guilty of a class E felony. If the value of the resources is $10,000 or more but less than $50,000, the person shall be guilty of a class D felony and if the value of the resources is $50,000 or more the person shall be guilty of a class C felony. Any subsequent conviction under this subsection shall be treated as a class C felony regardless of the amount of resources exploited.
(c) Any person who knowingly or recklessly abuses, neglects, exploits or mistreats an adult who is impaired, and causes bodily harm, permanent disfigurement or permanent disability shall be guilty of a class D felony. Where the abuse, mistreatment or neglect results in death, such person shall be guilty of a class A felony.
68 Del. Laws, c. 42, §  2;  72 Del. Laws, c. 89, §§  4, 5;  78 Del. Laws, c. 179, §  379;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter I. Definitions, Purpose and Powers › § 4002. Purpose.

§ 4002. Purpose.
(a) It is the purpose of this chapter that DSHA have the authority and capacity to:
(1) Efficiently provide, and to assist others to provide, quality affordable housing opportunities and appropriate supportive services to responsible low- and moderate-income Delawareans;
(2) Encourage persons and families benefiting from activities authorized in this chapter, to the maximum extent feasible, to become economically self-sufficient by assisting in the delivery of social, educational and other supportive services and programs which develop self-sufficiency and by facilitating economic and employment opportunities and similar benefits for persons assisted under this chapter;
(3) Coordinate the housing and redevelopment activities of state agencies and other public agencies and private bodies with such responsibilities within the State;
(4) Provide assistance in the rehabilitation of distressed or substandard housing in an effort to preserve current housing stock and strengthen communities;
(5) Serve as a resource where the housing and construction industries, local governments and the public may obtain information on affordable housing and community development programs, data and trends, including coordinating and promoting assistance to nonprofit housing sponsors who develop affordable housing opportunities for persons of low and moderate income;
(6) Assist the Office of State Planning and other state, local and regional planning authorities in the preparation and implementation of comprehensive plans and programs for rural and urban housing and improvement of housing within the State, especially regarding the planning and development of affordable housing;
(7) Confront adverse social conditions and to lessen the effects of drug and crime problems for residents of DSHA housing for low- and moderate-income persons and families by establishing and implementing policies and taking practical steps to mitigate such conditions and eliminate drug and crime problems;
(8) Carry out and enforce the State Housing Code;
(9) Advise and inform the Governor and the public on the affairs and problems relating to housing and community development and revitalization, and make recommendations to the Governor for proposed legislation pertaining thereto;
(10) Administer such provisions of the Downtown Development District Act as set forth in Chapter 19 of Title 22; and
(11) Operate DSHA's financial affairs in a prudent and sound manner.
(b) This section shall be construed according to the fair import of its terms and shall be liberally construed to further the general purposes stated in this section and the special purposes of the particular provisions involved.
71 Del. Laws, c. 357, §  6;  79 Del. Laws, c. 240, §  7;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter I. Definitions, Purpose and Powers › § 4003. Housing Director.

§ 4003. Housing Director.
The administrator and head of DSHA shall be the Housing Director as provided in Chapter 86 of Title 29.
71 Del. Laws, c. 357, §  6;
2023 Delaware Code › Title 31 - Welfare › Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY › Subchapter I. Definitions, Purpose and Powers › § 4004. Powers and duties of the Housing Director.

§ 4004. Powers and duties of the Housing Director.
(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.
71 Del. Laws, c. 357, §  6;