reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 21. MATTRESSES, PILLOWS AND BEDDING › § 2112. Enforcement; rules and regulations; provisions subject to Chapter 23 of Title 11.

§ 2112. Enforcement; rules and regulations; provisions subject to Chapter 23 of Title 11.
(a) The Department of Health and Social Services, through its officers and employees, is charged with the administration and enforcement of this chapter and may take for evidence, at any trial involving violation of this chapter, any article made or offered for sale in violation of this chapter. The Department of Health and Social Services shall make and enforce reasonable rules and regulations for the enforcement of this chapter.
(b) This section is subject to Chapter 23 of Title 11. If there is any conflict or inconsistency between this section and such chapter, the latter shall prevail.
Code 1915, §  824L;  36 Del. Laws, c. 102;  Code 1935, §  885;  16 Del. C. 1953, §  2112;  70 Del. Laws, c. 149, §§  132, 133;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 21. MATTRESSES, PILLOWS AND BEDDING › § 2113. Penalties; appeals.

§ 2113. Penalties; appeals.
(a) Whoever violates this chapter or the rules and regulations adopted thereunder shall be fined for each offense not less than $10 nor more than $50. In default of the payment of such fine the violator shall be imprisoned for not less than 10 days for each separate offense. The total term of imprisonment at any 1 time for additional offenses shall not exceed 10 months.
(b) Each mattress, mattress pad, mattress protector pad, box spring, upholstered spring, upholstered bed, davenport, upholstered sofa bed, quilted pad, comforter, bolster, cushion, pillow, featherbed or sleeping bag made or remade, or renovated, sold, offered for sale, delivered or consigned contrary to this chapter shall constitute a separate offense.
(c) Any person convicted of an offense under this section, before a justice of the peace, may appeal the judgment of conviction to the Court of Common Pleas of the county.
Code 1915, §  824M;  36 Del. Laws, c. 102;  37 Del. Laws, c. 59, §  2;  Code 1935, §  886;  16 Del. C. 1953, §  2113;  60 Del. Laws, c. 356, §§  10, 11;  69 Del. Laws, c. 423;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 21. MATTRESSES, PILLOWS AND BEDDING › § 2114. Revocation of permit.

§ 2114. Revocation of permit.
The Department of Health and Social Services may revoke any permit issued under this chapter if the person to whom the permit was issued has violated this chapter or the rules or regulations established thereunder.
Code 1915, §  824N;  36 Del. Laws, c. 102;  37 Del. Laws, c. 59, §  2;  Code 1935, §  886;  70 Del. Laws, c. 149, §  134;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2201. Declaration of policy.

§ 2201. Declaration of policy.
Substance abuse is one of the greatest challenges facing our State, schools, workplaces and families because it has destructive influences that pervade all facets of our society. Accordingly, it is the policy of this State to provide treatment to those who abuse substances such as alcohol, drugs or inhalants. Therefore, this chapter is designed to enable those engaged in substance abuse to receive appropriate care and treatment. Although voluntary treatment is preferred, this chapter also provides a mechanism for involuntary treatment in suitable cases.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2202. Establishment of Office.

§ 2202. Establishment of Office.
There is hereby established an Office of Substance Abuse Services within the Department of Health and Social Services Division of Alcoholism, Drug Abuse and Mental Health. The establishment of the Office is not intended to contravene any authority for alcohol and drug treatment services vested in the Department of Services for Children, Youth and Their Families pursuant to Chapter 90 of Title 29.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2204. Powers of the Office.

§ 2204. Powers of the Office.
The Office of Substance Abuse Services, as a component of the Department of Health and Social Services, may, subject to the express provisions of other sections of this chapter:
(1) Plan for, establish, amend and revise standards for treatment programs when necessary or desirable;
(2) Make contracts necessary or incidental to the performance of its duties and the execution of its powers;
(3) Solicit and accept for use any money, real property or personal property made by will or otherwise and any grant of money, services or property from the federal government, the State or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grants;
(4) Administer or supervise the administration of the provisions relating to persons in need of treatment of any state plan submitted for federal funding pursuant to federal health, welfare or treatment legislation;
(5) Coordinate its activities with the Department of Services for Children, Youth and Their Families, and cooperate with alcohol and drug treatment programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local or private agencies in this and other states to provide services to persons in need of treatment;
(6) Keep records and engage in the gathering of relevant statistics;
(7) Do other acts and things necessary to execute the authority expressly granted to it; and
(8) Acquire, hold or dispose of real property or any interest therein, and construct, lease or otherwise provide treatment facilities for persons in need of treatment.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2206. Residential and nonresidential facilities.

§ 2206. Residential and nonresidential facilities.
The Office of Substance Abuse Services, as a component of the Department of Health and Social Services Division of Alcoholism, Drug Abuse and Mental Health, shall, subject to the express provisions of other sections under this chapter:
(1) Have the authority to license all facilities to be used exclusively or partially for the treatment of persons in need of treatment upon application and under this chapter. These facilities may be operated as residential or nonresidential facilities. The Department of Services for Children, Youth and Their Families will be consulted prior to adoption of regulations and standards applicable to facilities serving minors.
(2) Establish procedures whereby persons who are in need of treatment may seek admission to these programs on a voluntary basis and provide a system to accept appropriate referrals from all components of the criminal justice system and provide assistance where necessary for security for such referrals.
(3) Have the authority to contract with other governmental or private agencies for additional diagnostic and treatment facilities or programs. The Office is encouraged to establish these programs on a regional basis with emphasis on prevention and preventive education and broad community involvement.
(4) Except as authorized in § 2211 of this title, provide that no person who voluntarily enters a facility for persons in need of treatment shall be retained in such facilities or programs against the person's will. Such voluntary admission shall not be used as evidence in any criminal prosecution.
(5) Initiate and maintain programs which will include:
a. Prevention of substance abuse;
b. Residential treatment;
c. Nonresidential treatment; and
d. Follow-up treatment.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2207. Standards for public and private treatment facilities.

§ 2207. Standards for public and private treatment facilities.
(a) In cooperation with the Department of Services for Children, Youth and Their Families, the Office shall establish standards for treatment facilities that must be met for a treatment facility to be licensed as a public or private treatment facility.
(b) In coordination with the Department of Services for Children, Youth and Their Families, the Office periodically shall inspect licensed public and private treatment facilities at least every 2 years.
(c) The Office shall maintain a list of licensed public and private treatment facilities.
(d) Each licensed public and private treatment facility shall file with the Office, on request, data, statistics, schedules and information the Office reasonably requires. A licensed public or private treatment facility that without good cause fails to furnish any data, statistics, schedules or information as requested or files fraudulent returns thereof may be removed from the list of licensed treatment facilities, as its license will be either revoked or suspended.
(e) The Office may at times enter and inspect and examine the records and operations of any licensed public or private treatment facility to determine compliance with this chapter.
(f) No action will be taken under this section by the Office without consultation with the Department for Children, Youth and Their Families regarding the operation of treatment facilities for minors.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2208. Licensing of treatment facility; regulations.

§ 2208. Licensing of treatment facility; regulations.
(a) The Secretary, upon recommendation from the Division, shall approve the licensure of entities applying to be substance abuse treatment facilities and may designate certain facilities for treatment of individuals on an involuntary basis. Additionally, the Secretary may restrict, condition, limit and/or set the term of the license of a treatment facility as may be reasonable or prudent. In the case of treatment facilities for minors, the Secretary of the Department of Services for Children, Youth and Their Families, or the Secretary's designee, may designate certain facilities for the treatment of minors on a voluntary or involuntary basis.
(b) The Secretary is authorized to promulgate regulations for licensing and develop standards for the proper operation of treatment facilities and conduct of any hearing that may be required so as to implement this chapter. The Secretary may refuse to renew, revoke, suspend, limit or restrict the license of a facility where the facility has been given 30 days' notice of adverse action and an opportunity for a hearing. The Secretary shall not promulgate any such regulations or standards for facilities engaged in the treatment of minors without consulting the Department of Services for Children, Youth and Their Families. The Secretary may also delegate the authority to promulgate regulations and develop standards to the Department of Services for Children, Youth and Their Families.
(c) The Secretary or his or her designee shall conduct licensing or other hearings in accord with applicable sections of Chapters 100 and 101 of Title 29.
(d) The Secretary's final decision on the licensing or sanctioning of a treatment facility or applicant may be judicially reviewed in accord with subchapter V of Chapter 101 of Title 29.
73 Del. Laws, c. 358, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2209. Violation of licensing requirement; injunction.

§ 2209. Violation of licensing requirement; injunction.
(a) Any organization that maintains, manages or operates, or aids or abets another in maintaining, managing or operating, a facility knowingly without a valid license or outside of a facility's proper designation is guilty of a class A misdemeanor and subject to the penalties as set out in Chapter 42 of Title 11.
(b) In addition to any other remedy, the Secretary, through the Attorney General, may commence proceedings in the Chancery Court of the State to enjoin any violation of this chapter and may, in the case of a wilful and wanton violation, be awarded the costs of prosecution, including a reasonable amount for attorney fees, if the Secretary prevails.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2210. Voluntary treatment for substance abuse.

§ 2210. Voluntary treatment for substance abuse.
(a) A person in need of treatment or anyone engaging in substance abuse may request voluntary treatment from a licensed treatment facility. If the applicant is a person who is incompetent or a minor under 14 years of age, a parent, legal custodian, relative caregiver or legal guardian shall make the request for voluntary treatment and give written consent for treatment.
(b) If a minor is 14 years of age or over, then either the minor, or a parent, legal custodian, relative caregiver or legal guardian may give written consent to a treatment facility for voluntary treatment for nonresidential treatment. In the case of residential treatment, consent to treatment shall be given only by a parent, custodian, relative caregiver or legal guardian. Consent so given by a minor 14 years of age or over shall, notwithstanding the minor's minority, be valid and fully effective for all purposes regardless of whether such minor's substance abuse is subsequently medically confirmed and shall be binding upon such minor, the minor's parents, custodian, relative caregiver and legal guardian as effectively as if the minor were of full legal age at the time of giving such written consent. Consent so given shall not be subject to later denial or disclaimer, and the consent of no other person or court shall be necessary for the treatment rendered such minor.
(c) Subject to regulations adopted by the Secretary, or in the case of a treatment program for minors, the Secretary of the Department of Services for Children, Youth and Their Families, an administrator of a treatment facility may determine who shall be admitted for treatment. If a person is refused admission to a facility, the Division, subject to the rules adopted by the Secretary, shall refer the person to another facility for treatment if available and appropriate.
(d) If a voluntary patient requests or attempts to leave a treatment facility against the advice of the treatment team and administrator of the facility, the facility may initiate involuntary treatment procedures as provided for under this chapter. If the patient is a minor or is incompetent, the request for discharge against advice shall be made by a parent, custodian, relative caregiver, legal guardian or other appropriate legal representative, and the provisions of this subsection shall apply as if the patient had made the request.
73 Del. Laws, c. 358, §  2;  78 Del. Laws, c. 179, §  166;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2211. Involuntary treatment.

§ 2211. Involuntary treatment.
(a) A person in need of treatment shall be involuntarily admitted to a licensed residential treatment facility or outpatient treatment program upon a written request for involuntary treatment that provides a factual basis for the request by anyone with knowledge that an individual may be a person in need of treatment and the written certification by a physician that the individual is a person in need of treatment as provided for in this chapter. The request for involuntary treatment shall concisely provide the observations, circumstances and knowledge of the requestor regarding the requestor's belief that a particular individual is in need of treatment. The request shall also contain the written certificate of a physician stating that the physician has reviewed the request and examined the patient and concluded that in the physician's medical opinion the particular individual is a person in need of treatment and is either incapable of or unwilling to consent to treatment. If the individual is incapable of consenting to treatment, the certificate shall state with particularity the physician's findings regarding why the individual is incapable of providing voluntary informed consent to treatment. The refusal to undergo treatment does not in itself constitute evidence of lack of judgment as to the need for treatment.
(b) Any peace officer or designated transport personnel may lawfully transport an individual whom they reasonably believe is a person in need of treatment without the consent of said individual, to or from a hospital, physician's office or licensed treatment facility for the purpose of carrying out this section.
(c) Upon admission of the person in need of treatment, the facility shall evaluate and treat the individual as medically necessary and appropriate for a period not to exceed 2 working days.
(d) The State Treasurer shall pay sheriffs and deputy sheriffs for service as peace officers under this section at the rate of the state's mileage reimbursement amount for each mile necessarily traveled and a custody fee of $25 for the first peace officer and $15 for each additional peace officer, and shall pay medical doctors for services under this section $15 for each case, unless the medical doctor is reimbursed under another public or private plan.
(e) The administrator in charge of a licensed treatment facility shall refuse an application if the request for treatment or physician's certificate fails to meet the requirements of this section.
73 Del. Laws, c. 358, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2212. Commitment; judicial proceedings.

§ 2212. Commitment; judicial proceedings.
(a) Not more than 2 working days after the date a patient is admitted to a licensed treatment facility or program under a request for involuntary treatment, the administrator of the treatment facility, through the Attorney General, shall file a petition for involuntary commitment to a licensed treatment facility, supported by affidavit with the Court, unless the patient is discharged or admitted on a voluntary basis. The petition shall state that the administrator, as petitioner, based upon an evaluation by a physician, reasonably and in good faith believes that the involuntary patient (who shall be named as respondent) is a person in need of treatment who should be continued as a patient at the facility pursuant to this chapter until the patient is determined no longer to be in need of treatment at the treatment facility or program. The petition shall also state that the involuntary patient has been advised of the patient's procedural and substantive rights under this chapter. A copy of supporting certificates by an examining physician shall be attached to the petition.
(b) Upon the filing of a petition, the facility may continue to treat the patient as medically necessary and appropriate on an involuntary basis pending a judicial hearing on the petition.
(c) The petition shall indicate the facility's reasonable belief, based upon investigation, as to whether the involuntary patient is able to afford counsel and an independent expert witness.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2213. Limitation on involuntary treatment.

§ 2213. Limitation on involuntary treatment.
Subject to Chapters 50 and 51 of this title, no person shall be involuntarily admitted or committed to or confined as a patient at a residential treatment facility, and such facilities, other than general hospitals, shall not admit or confine as an involuntary patient any person, unless:
(1) Such person is determined to be a person in need of treatment in accordance with the procedures of this chapter; and
(2) Said treatment facility has been specifically designated as an appropriate facility for the treatment of involuntary adult patients by the Secretary of Health and Social Services and by the Department of Services for Children, Youth and Their Families for the treatment of involuntary minor patients.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2214. Hearing on petition; notice; decision; review.

§ 2214. Hearing on petition; notice; decision; review.
Upon the filing of the petition the court shall promptly:
(1) Schedule a hearing to determine based on clear and convincing evidence whether the patient is a person in need of treatment and that cause exists for the involuntary treatment of the patient, and if unable to afford counsel, to appoint counsel to represent the involuntary patient. Such hearing shall be held as soon as practicable, but no later than 8 working days from the filing of the petition.
(2) Direct that notice of the hearing and copies of pleadings be supplied to the involuntary patient and the patient's counsel. In the case of a minor, copies of the pleading will be supplied to the patient's parents or legal guardian.
(3) Enter such other orders as may be appropriate, including an order authorizing the continued involuntary treatment of the patient until further order of the court.
(4) If the court determines after a hearing that the patient is not a person in need of treatment or that such patient does not need involuntary treatment, the patient shall be discharged in accord with the court's order. If the court determines that the patient is a person in need of treatment who is unwilling to accept or incapable of accepting voluntary treatment, it may order continued treatment for an additional period not to exceed 30 days. Thereafter, the court shall schedule an additional hearing within 30 days to review the need for continued involuntary treatment unless the court is informed the patient is under voluntary treatment or has been appropriately discharged from treatment. If continued involuntary treatment is warranted beyond the 30 days, the court shall hold hearings to determine the necessity for continued involuntary treatment at intervals of not more than 6 months. A patient involuntarily receiving treatment, if represented by counsel, may waive, orally or in writing, any hearing under this section. The waiver must be submitted in writing to the court or be orally presented in open court.
(5) The court for good cause may order that judicial proceedings under this chapter take place in the Superior Court or Family Court in a county other than the county in which the action was initiated.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2215. Procedural rights of involuntary patients.

§ 2215. Procedural rights of involuntary patients.
An individual whom the staff of a facility has determined to be a person in need of treatment will be provided:
(1) Notice (including a written statement) of the factual grounds upon which the proposed treatment is predicated and the reasons for the necessity of involuntary treatment and confinement.
(2) Judicial review and determination of:
a. Whether the involuntary patient's confinement is based upon sufficient cause;
b. Whether the involuntary patient is a person in need of treatment; and
c. Whether a less restrictive placement such as nonresidential treatment is more appropriate. Such hearings shall be without jury and not open to the public and shall be preceded by adequate notice to the involuntary patient, and the involuntary patient shall be entitled to be present at all such hearings.
(3) Representation by counsel at all judicial proceedings, such counsel to be court-appointed if the involuntary patient cannot afford to retain counsel;
(4) Examination by an independent, licensed professional in the area of substance abuse and treatment and to have such persons testify as a witness on the patient's behalf, such witness to be court-appointed if the involuntary patient cannot afford to retain such witness.
(5) Reasonable discovery, the opportunity to summon and cross-examine witnesses, to present evidence on the person's own behalf and to all other procedural rights afforded litigants in civil causes. The privilege against self-incrimination shall be applicable to all proceedings under this chapter and the patient's testimony, if any, shall not otherwise be admissible in any criminal proceedings against the patient.
(6) To have a full record made of the proceedings, including findings adequate for review. All records and pleadings shall remain confidential unless the court for good cause orders otherwise.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2216. Discharge by the facility.

§ 2216. Discharge by the facility.
Notwithstanding the pendency of the action or any order previously entered by the court, if at any time after the petition is filed the staff of the facility determines that the involuntary patient is no longer in need of involuntary treatment, the facility may so certify in writing and discharge the patient, and shall promptly notify the court of its discharge, and the court may dismiss the action.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2217. Changing to voluntary status.

§ 2217. Changing to voluntary status.
An involuntary patient is entitled to change that patient's own status to that of a voluntary patient if a member of the staff of the facility certifies that:
(1) The patient is reasonably capable of understanding the nature of the decision to change status; and
(2) Such a change is in the patient's best interest. If such a change in status is challenged within 2 days by the patient's next of kin or legal representative, the court will schedule a hearing to finally determine the matter.
73 Del. Laws, c. 358, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2218. Enlargement of time.

§ 2218. Enlargement of time.
Notwithstanding the above provisions of this chapter, except for the time to appeal, the court may enlarge the time for performance for a reasonable period upon a showing of good cause.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2219. Appeal; rules of procedure.

§ 2219. Appeal; rules of procedure.
(a) Any party to the proceedings may appeal an order of discharge or involuntary treatment to the Supreme Court within 30 days of the entry of such order. The appeal shall not operate as a stay of the order of disposition unless the court or the Supreme Court so directs.
(b) The Superior Court and the Family Court may adopt such rules of procedure as may be required to implement the procedural requirements of this chapter.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2221. Devolution of rights.

§ 2221. Devolution of rights.
Where consistent with the nature of each right in § 2220 of this title and unless otherwise provided by state or federal law, all of such rights, particularly as they pertain to a person adjudicated incompetent in accordance with state law, or a patient who is found physically or mentally incapable by the patient's own attending physician, or a patient who is unable to communicate with others, or a minor under the age of 18 years who does not consent to treatment under this chapter, shall devolve to the patient's next of kin, legal guardian, legal custodian, relative caregiver, parents, representative, sponsoring agency or representative payee (except where the facility itself is the representative payee) selected pursuant to § 205(j) of the Social Security Act [42 U.S.C. § 405(j)].
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2222. Immunity, limitation of liability.

§ 2222. Immunity, limitation of liability.
Any peace officer, emergency medical technician, firefighter, ambulance attendant, physician, employee of the Division, administrator or staff of a treatment facility, or other person acting under their supervision or assisting them, as well as the entities that may employ or direct the foregoing, acting or omitting to act within this chapter shall not be subject to any civil claim or civil legal proceeding of any nature, in law or equity, for damages of any nature or for any harm resulting from any act or proceeding, decision or determination undertaken, performed or recommended unless such harm was intentionally or recklessly caused by the misconduct of the foregoing individuals.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2223. Unwarranted confinement in a substance abuse treatment facility or denial of rights; penalties.

§ 2223. Unwarranted confinement in a substance abuse treatment facility or denial of rights; penalties.
(a) Any person that willingly causes or conspires with or assists another to cause:
(1) The unwarranted involuntary confinement of any individual in a substance abuse treatment facility under this chapter; or
(2) The denial to any individual of any of the rights accorded to said individual under this chapter;
Shall be punished by a fine not exceeding $500 or imprisonment not exceeding 1 year, or both.
(b) The Superior Court shall have jurisdiction of offenses under this section.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2224. Reporting requirements.

§ 2224. Reporting requirements.
(a) Any employee of a facility or anyone who provides services to a patient of a facility on a regular or intermittent basis who has reasonable cause to believe that a patient or resident in a facility has been abused, mistreated, neglected or financially exploited shall immediately report such abuse, mistreatment, neglect or financial exploitation to the Department by oral and written communication. The written report shall be filed by the employee or service provider within 48 hours after the employee or service provider first gains knowledge of the abuse, mistreatment, neglect or financial exploitation.
(b) Any person required by subsection (a) of this section to make an oral and a written report who fails to do so shall be liable for a civil penalty not to exceed $1,000 per violation.
(c) In addition to those persons subject to subsection (a) of this section, any other person may make such a report if such person has reasonable cause to believe that a patient or resident of a facility has been abused, mistreated, neglected or financially exploited.
(d) Any individual who intentionally makes a false report under this subchapter shall be guilty of a class A misdemeanor.
(e) Any correspondence or other written communication from a patient to the Department, the Attorney General's office and/or a law-enforcement agency shall, if delivered to or received by a facility, be promptly forwarded, unopened, by the facility or service provider to the agency to which it is written. Any correspondence or other written communication from the Department, the Attorney General's office and/or a law enforcement agency to a patient shall, if delivered to or received by the facility or other service provider, be promptly forwarded, unopened, by the facility or other service provider to such patient. Failure to comply with this section shall result in a civil penalty not to exceed $1,000 per violation.
73 Del. Laws, c. 358, §  2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2226. Distribution of fentanyl testing strips; immunity [Effective until Nov. 29, 2023].

§ 2226. Distribution of fentanyl testing strips; immunity [Effective until Nov. 29, 2023].
(a) The purpose of this section is to expand the harm reduction strategies available in Delaware to address the epidemic level of drug overdose deaths through the distribution of fentanyl testing strips. Fentanyl is a potent opioid that is increasingly being mixed into illicitly sold drugs, often without the buyer's knowledge. In 2018, fentanyl was involved in 72% of overdose deaths in Delaware. The distribution of fentanyl testing strips provides an opportunity to prevent potential overdose deaths.
(b) For purposes of this section, “person” means 1 of the following that provides aid to drug users without the expectation of monetary or other compensation from the individual aided:
(1) A lay individual.
(2) A nonprofit organization.
(c) This section does not apply to any of the following:
(1) A manufacturer or distributor of fentanyl testing strips.
(2) A pharmacy.
(3) A hospital.
(4) A medical clinic.
(5) A for profit organization.
(6) A credentialed individual.
(d) A person may distribute functional fentanyl testing strips to determine the presence of fentanyl or fentanyl-related substances.
(e) A person who provides functional fentanyl testing strips to an individual to determine the presence of fentanyl or fentanyl-related substances under this section must do so in good faith and with reasonable care.
(f) A person who provides functional fentanyl testing strips to an individual to determine the presence of fentanyl or fentanyl-related substances is not subject to civil damages in excess of the limits of any applicable insurance coverage, unless it is established that the person caused injuries or death wilfully, wantonly, or recklessly or by gross negligence.
(g) Nothing in this section is intended to waive the State's sovereign immunity or the privileges and immunities under Chapter 40 of Title 10.
83 Del. Laws, c. 21, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2226. Distribution of drug-testing strips; immunity [Effective Nov. 29, 2023; Effective until Nov. 29, 2024].

§ 2226. Distribution of drug-testing strips; immunity [Effective Nov. 29, 2023; Effective until Nov. 29, 2024].
(a) The purpose of this section is to expand the harm reduction strategies available in Delaware to address the epidemic level of drug overdose deaths through the provision of drug-testing strips. The provision of drug-testing strips provides an opportunity to prevent potential overdose deaths.
(b) As used in this section:
(1) “Drug” means any 1 or more of the following:
a. Fentanyl.
b. Xylazine.
(2) “Drug-testing strip” means a test used to determine the presence of a drug or drug-related substance.
(3) “Person” means an individual or legal entity that provides a drug-testing strip to an individual who uses drugs to reduce the likelihood of the individual experiencing harm.
(c) [Repealed.]
(d) Subject to subsection (e) of this section, a person may provide a drug-testing strip to an individual.
(e) A person providing a drug-testing strip to an individual under this section must do so in good faith and with reasonable care.
(f) Except if the person wilfully, wantonly, recklessly, or by gross negligence causes injuries or death, a person providing a drug-testing strip to an individual under this section is not subject to civil damages exceeding the limit of an applicable insurance policy.
(g) Nothing in this section is intended to waive the State's sovereign immunity or the privileges and immunities under Chapter 40 of Title 10.
83 Del. Laws, c. 21, § 1;  84 Del. Laws, c. 170, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22. SUBSTANCE ABUSE TREATMENT ACT › § 2226. Distribution of fentanyl testing strips; immunity [Effective Nov. 29, 2024].

§ 2226. Distribution of fentanyl testing strips; immunity [Effective Nov. 29, 2024].
(a) The purpose of this section is to expand the harm reduction strategies available in Delaware to address the epidemic level of drug overdose deaths through the distribution of fentanyl testing strips. Fentanyl is a potent opioid that is increasingly being mixed into illicitly sold drugs, often without the buyer's knowledge. In 2018, fentanyl was involved in 72% of overdose deaths in Delaware. The distribution of fentanyl testing strips provides an opportunity to prevent potential overdose deaths.
(b) For purposes of this section, “person” means 1 of the following that provides aid to drug users without the expectation of monetary or other compensation from the individual aided:
(1) A lay individual.
(2) A nonprofit organization.
(c) This section does not apply to any of the following:
(1) A manufacturer or distributor of fentanyl testing strips.
(2) A pharmacy.
(3) A hospital.
(4) A medical clinic.
(5) A for profit organization.
(6) A credentialed individual.
(d) A person may distribute functional fentanyl testing strips to determine the presence of fentanyl or fentanyl-related substances.
(e) A person who provides functional fentanyl testing strips to an individual to determine the presence of fentanyl or fentanyl-related substances under this section must do so in good faith and with reasonable care.
(f) A person who provides functional fentanyl testing strips to an individual to determine the presence of fentanyl or fentanyl-related substances is not subject to civil damages in excess of the limits of any applicable insurance coverage, unless it is established that the person caused injuries or death wilfully, wantonly, or recklessly or by gross negligence.
(g) Nothing in this section is intended to waive the State's sovereign immunity or the privileges and immunities under Chapter 40 of Title 10.
83 Del. Laws, c. 21, § 1;  84 Del. Laws, c. 170, §§ 2, 5;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2201A. Definitions.

§ 2201A. Definitions.
As used in this chapter:
(1) “Applicant” means any individual, organization, or entity applying for certification of a recovery house.
(2) “Certified recovery house” means a recovery house certified by the certifying organization.
(3) “Certifying organization” means an organization under contract with or otherwise designated by the Division to certify recovery houses under this chapter.
(4) “Director” means the Director of the Division of Substance Abuse and Mental Health.
(5) “Division” means the Division of Substance Abuse and Mental Health.
(6) “Fund” means the Certified Recovery House Fund established under § 2216A of this title.
(7) “Operator” means the owner or lessee of a recovery house.
(8) “Oxford House” means a recovery house chartered by Oxford House, Inc.
(9) “Recovery house” means a house for individuals recovering from substance use disorders that provides a safe and supportive substance-free environment, which may include peer support and other recovery support services.
(10) “Registry” means the list of certified recovery houses the certifying organization maintains.
(11) “Resident” means an individual who resides in a recovery house.
(12) “Substance-free” means free from alcohol, marijuana, illicit drugs, and the illicit use of prescribed drugs.
(13) “Substance use disorder” means a pattern of use of alcohol or other drugs leading to impairment that meets the applicable diagnostic criteria delineated in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2202A. Certifying organizations; standards; regulations; application system; training and technical assistance.

§ 2202A. Certifying organizations; standards; regulations; application system; training and technical assistance.
(a) The Division shall do all of the following:
(1) Authorize and contract with a certifying organization to establish and administer a voluntary certification program for recovery houses and a training program for operators.
(2) Adopt nationally-recognized standards for the certifying organization.
(3) Adopt nationally-recognized standards for the operation of recovery houses.
(4) Promulgate regulations and establish processes and requirements as necessary to implement this chapter.
(b) Subject to the Division's approval, the certifying organization shall establish processes and requirements related to all of the following:
(1) Certification and required 2-year renewal applications.
(2) Admission agreements including termination and relapse policies.
(3) Inspecting recovery houses.
(4) Reporting, receiving, investigating, and resolving complaints.
(5) Confidentiality.
(6) Data collection and reporting related to residents including all of the following:
a. Demographics.
b. Length of stay.
c. Length of time substance free.
d. Employment history.
e. Criminal history.
f. Community network.
g. Destination upon vacating certified recovery house, including former residents who complied with a request to leave or were removed from the certified recovery house.
h. Any other criteria as required by the Division.
(7) Maintaining the online registry established under § 2204A of this title.
(8) Suspending or revoking a certification.
(9) Total number of approved and denied certifications.
(10) Appeals.
(11) Establish, operate, and maintain an online system enabling operators to submit applications, upload supporting documentation, pay fees, and report data.
(12) Develop and provide training and technical assistance programs for recovery houses.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2203A. Fees.

§ 2203A. Fees.
(a) Subject to the Division's approval the certifying organization may impose a standardized fee on an operator for any of the following purposes:
(1) Issuing or renewing a certification.
(2) Inspecting a recovery house.
(b) The Division shall set the maximum fee the certifying organization may impose in regulation. The maximum fee must approximate and reasonably reflect the costs necessary to defray the certifying organization's expenses.
(c) An operator shall pay fees imposed under this section to the certifying organization.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2204A. Online registry.

§ 2204A. Online registry.
(a) The certifying organization shall publish and maintain a registry. The registry must include the following information concerning every certified recovery house:
(1) Contact information including the operator's telephone number.
(2) Locality.
(3) The total number of beds available by demographic category.
(b) The certifying organization shall update the registry at least monthly.
(c) The certifying organization must limit the access to the addresses of recovery houses to the Division and other persons authorized by the Division with a bona fide need for access.
(d) The certifying organization shall disseminate the registry electronically to any of the following entities that refer individuals to recovery housing:
(1) State agencies, including the Department of Corrections.
(2) State contracted vendors.
(3) State courts, including drug courts.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2205A. Zoning.

§ 2205A. Zoning.
(a) Notwithstanding provisions under Title 9 or Title 22, or any other law, ordinance, or rule to the contrary, a zoning ordinance adopted by a county or municipality must construe a certified recovery house to be a permitted single-family residential use of a property and accord the house the rights and responsibilities of a single-family residence.
(b) Except for restrictions, prohibitions, or other provisions applicable to residential uses in similar structures in the same zoning district occupied by a single family, a county or municipality must not subject a certified recovery house to a restriction, prohibition, or other provision.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2206A. Certified recovery housing admission agreements; termination.

§ 2206A. Certified recovery housing admission agreements; termination.
(a) A certified recovery house's admission agreement must include the house's termination and relapse policies.
(b) An individual must agree to the terms of a certified recovery house's admission agreement and sign the agreement before residing there.
(c) Except if a resident refuses, whenever a certified recovery house terminates the resident's admission agreement, the house shall make a reasonable effort to connect the resident with appropriate services.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2207A. Records.

§ 2207A. Records.
(a) Records related to a resident maintained under this chapter are not public records as defined in Chapter 100 of Title 29.
(b) Records related to a certified recovery house, or the certifying organization maintained under this chapter, are not public records as defined in Chapter 100 of Title 29.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2208A. Limitations on referrals.

§ 2208A. Limitations on referrals.
(a) Except as otherwise provided under subsection (b) of this section, a Delaware state agency, Delaware state court, or an entity having a contract with the State must not refer an individual to a recovery house.
(b) An agency, court, or entity may refer an individual to a recovery house whenever any of the following conditions exist:
(1) The recovery house is certified under this chapter or is an Oxford House.
(2) The agency, court, or entity receives confirmation from the certifying organization that the recovery house has applied for certification.
(c) Whenever an agency, court, or entity refers an individual under paragraph (b)(2) of this section, the agency, court, or entity shall inform the certifying organization.
(d) Whenever an agency, court, or entity cannot refer an individual requiring recovery housing, under subsection (b) of this section, the agency, court, or entity shall refer the individual to housing that does not endanger the individual's health, recovery, or safety.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2209A. Data collection; environmental scan and needs assessment.

§ 2209A. Data collection; environmental scan and needs assessment.
(a) The Division must require certified recovery house operators to collect and report data to assess the effectiveness of recovery houses.
(b) Subject to subsection (c) of this section, the Division shall conduct an environmental scan and needs assessment study to determine the State's recovery housing needs and the availability and distribution of recovery houses to meet the State's needs.
(c) The Division shall conduct an initial study under subsection (b) of this section by August 2, 2024. After the initial study, the Division shall conduct a study at least once every 3 years.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2210A. Annual report.

§ 2210A. Annual report.
(a) The Division shall analyze data collected under this chapter and issue a report at least annually.
(b) The Division shall provide a copy of the report issued under subsection (a) of this section to all of the following:
(1) The Governor.
(2) The Secretary of the Department of Health and Social Services.
(3) The Director of the Delaware Housing Authority.
(4) The Chairs of the Senate Health and Social Services Committee and Senate Housing and Land Use Committee.
(5) The Chairs of the House Health and Human Development Committee and House Housing Committee.
(6) The Director and Librarian of the Division of Research of Legislative Council.
(7) The Delaware Public Archives.
(8) The Behavioral Health Consortium.
84 Del. Laws, c. 131, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 22A. Recovery Housing › § 2211A. Immunity.

§ 2211A. Immunity.
(a) Except as otherwise provided under subsection (b) of this section, a person who makes a complaint under the chapter in good faith is not liable in a civil or criminal action because of the complaint.
(b) Subsection (a) of this section does not apply to a person engaging in a violation of federal, state, or local law, or regulation.
84 Del. Laws, c. 131, § 1;