reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8A. UNIVERSAL NEWBORN AND INFANT HEARING SCREENING, TRACKING, AND INTERVENTION › § 802A. Legislative findings and purpose.

§ 802A. Legislative findings and purpose.
The General Assembly hereby finds and declares that:
(1) Significant hearing loss is 1 of the most common major abnormalities present at birth and, if undetected, will impede the child's speech, language, and cognitive development.
(2) Screening by high-risk characteristics alone (e.g., family history of deafness) only identifies approximately 50% of newborns with significant hearing loss.
(3) Reliance solely on physician and/or parental observation fails to identify many cases of significant hearing loss in newborns and infants.
(4) There is evidence that children with hearing loss, who are identified at birth and receive intervention services shortly thereafter, have significantly better learning capacity than children who are identified with hearing loss later than 6 months after birth.
(5) Legislation is needed to provide for the early detection of hearing loss in newborns and infants and to prevent or mitigate the developmental delays associated with late identification of hearing loss.
75 Del. Laws, c. 116, §  1;  78 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8A. UNIVERSAL NEWBORN AND INFANT HEARING SCREENING, TRACKING, AND INTERVENTION › § 805A. Surveillance and tracking system.

§ 805A. Surveillance and tracking system.
It is recognized that is necessary to provide surveillance, tracking and monitoring of newborns, infants, and children identified through newborn hearing screening in order to make referrals, render appropriate follow-up care and better establish linkages between hearing screening programs, audiological services, and early intervention programs. To facilitate the reporting, tracking, and monitoring of newborns, infants, and children who have or are suspected to have hearing loss, a state EHDI surveillance and tracking system tracks, monitors, and refers newborns, infants, and children through diagnostic and early intervention. The system shall be utilized by qualified professionals, including those at other State agencies, involved in the detection, treatment, diagnosis, and/or referral of newborns, infants, or children with or suspected of having hearing loss. The reporting requirements shall be designed to be as simple as possible and easily completed by nonprofessional persons when necessary.
The following persons who act in compliance with this section are not civilly or criminally liable for furnishing information required by this section:
a hospital, clinical laboratory or other health-care facility; an audiologist; an administrator; officer or employee of a hospital or other health-care facility; and physician or employee of a physician.
78 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8A. UNIVERSAL NEWBORN AND INFANT HEARING SCREENING, TRACKING, AND INTERVENTION › § 806A. Provision of early intervention services and follow-up care.

§ 806A. Provision of early intervention services and follow-up care.
The lead agency or its designee shall ensure that hearing loss is diagnosed by 3 months of age, or earlier, and infants with confirmed hearing loss receive comprehensive early intervention services by 6 months of age, or earlier.
(1) The lead agency shall refer all children with any degree of diagnosed hearing loss, whether a measurable delay is present, to determine if they are eligible under Part C of the Individuals with Disabilities Education Act (IDEA) [20 U.S.C. § 1431 et seq.] by virtue of their diagnosis.
(2) Professionals involved in the care and treatment of the newborns, infants, and children must document all early intervention, follow-up, and treatment services, including but not limited to further diagnoses, recommendations, observations, test results, and referrals, in order to reduce the number of newborns, infants, and children lost to follow-up.
(3) Early intervention services shall be provided by individuals with the knowledge, skills, and experience to address the ongoing assessment, implementation, and evaluation of services that support families and promote child development.
(4) Family-centered services may be provided in a variety of different settings, including the home, school, community centers, daycare center, hospital or clinic, depending on the needs of the child, family, and availability of resources in the community.
(5) Lack of resources may not be the basis for denial of services.
78 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8A. UNIVERSAL NEWBORN AND INFANT HEARING SCREENING, TRACKING, AND INTERVENTION › § 807A. Family resources.

§ 807A. Family resources.
Families shall be provided with unbiased information in a family-centered, culturally competent manner and offered the full range of early intervention services and treatment options available for hearing loss. Opportunities for early intervention shall be consistent with the child's needs, family's goals, and preferences, and be provided in a seamless, unambiguous manner to ensure informed transitions through services.
Appropriate early intervention opportunities may include information regarding amplification options, such as hearing aids or cochlear implants, aural habilitation and communication options (manual language, spoken language, total communication), and family support.
78 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8A. UNIVERSAL NEWBORN AND INFANT HEARING SCREENING, TRACKING, AND INTERVENTION › § 808A. Early Hearing Detection and Intervention (EHDI) Advisory Board.

§ 808A. Early Hearing Detection and Intervention (EHDI) Advisory Board.
There shall be established an Early Hearing Detection and Intervention Advisory Board (“Board”) that will advise the Secretary on issues relating to the newborn hearing evaluation, intervention, treatment, and follow-up care for infants and children with hearing loss. Members shall be appointed by the Governor and serve 3-year terms that are renewable. The Board shall have 12 members.
(1) The Department shall provide administrative support services required for the Board. Members shall receive no compensation for their services as members.
(2) The Board shall act by majority vote and as required by this State's Administrative Procedures Act [Chapter 101 of Title 29]. The Board shall have the authority to adopt rules to implement this chapter.
(3) The Board membership shall consist of 1 of each the following:
Audiologist;
Speech-language pathologist;
Pediatrician/neonatologist;
Otolaryngologist;
Neonatal nurse;
The Secretary of the Department of Health and Social Services or designee;
An adult who is deaf or hard of hearing;
Parent of a child with a hearing loss;
Teacher of children with hearing loss;
A representative from the designated agency responsible for the Individuals with Disabilities Education Act (IDEA) Part C [20 U.S.C. § 1431 et seq.];
A representative from the Department of Education Early Childhood Workgroup; and
A representative from the Statewide Programs for Deaf and Hard of Hearing.
78 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8A. UNIVERSAL NEWBORN AND INFANT HEARING SCREENING, TRACKING, AND INTERVENTION › § 809A. Civil and criminal immunity and penalties.

§ 809A. Civil and criminal immunity and penalties.
(a) No physician shall be civilly or criminally liable for failure to conduct hearing screening testing.
(b) No physician or hospital acting in compliance with this chapter shall be civilly or criminally liable for any acts taken in conformity herewith, including without limitation furnishing information required to be furnished hereunder.
(c) A hospital that has not established or implemented an UNHS program in accordance with this chapter shall be subject to sanction by the Division of Public Health as provided by law for licensure violations.
75 Del. Laws, c. 116, §  1;  78 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8A. UNIVERSAL NEWBORN AND INFANT HEARING SCREENING, TRACKING, AND INTERVENTION › § 810A. Confidentiality.

§ 810A. Confidentiality.
The Division of Public Health and all other persons to whom data is submitted in accordance with this chapter shall keep such information confidential. No publication or disclosure of information shall be made except in the form of statistical or other studies which do not identify individuals, except as specifically consented to in writing the by the parent or parents of a tested child.
75 Del. Laws, c. 116, §  1;  78 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8A. UNIVERSAL NEWBORN AND INFANT HEARING SCREENING, TRACKING, AND INTERVENTION › § 811A. Delivery of policy.

§ 811A. Delivery of policy.
If a health insurance policy provides coverage or benefits to a resident of this State, it shall be deemed to be delivered in this State within the meaning of this chapter, regardless of whether the health-care insurer issuing or delivering said policy is located inside or outside of the State.
75 Del. Laws, c. 116, §  1;  78 Del. Laws, c. 389, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8B. DOWN SYNDROME INFORMATION › § 801B. Provision of information relating to Down Syndrome.

§ 801B. Provision of information relating to Down Syndrome.
(a) For the purposes of this section, the term “Down Syndrome” shall mean a chromosomal condition caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21. A hospital, as that term is defined in § 803A of this title, physician, health-care provider, nurse midwife or genetic counselor who renders prenatal care, postnatal care or genetic counseling shall, upon receipt of a positive test result from a test for Down Syndrome, provide the expectant or new parent with information provided by the department under subsection (b) of this section.
(b) The Department shall make available to a person who renders prenatal care, postnatal care or genetic counseling to parents who receive a prenatal or postnatal diagnosis of Down Syndrome the following:
(1) Up-to-date evidence-based, written information about Down Syndrome that has been reviewed by medical experts and national Down Syndrome organizations; provided, however, that the written information provided shall include physical, developmental, educational and psychosocial outcomes, life expectancy, clinical course and intellectual and functional development and treatment options; and
(2) Contact information regarding first call programs and support services, including information hotlines specific to Down Syndrome, resource centers or clearinghouses, national and local Down Syndrome organizations, and other educational and support programs.
The Department may also make such information available to any other person who has received a positive test result from a test for Down Syndrome.
(c) The Department shall meet annually with representatives of the Down Syndrome Association of Delaware to ensure the information made available by the department is up to date.
(d) The Department shall submit a report by January 31 of each year to the Co-Chairs of the Joint Finance Committee detailing the persons to whom the information required by subsection (b) of this section has been distributed.
79 Del. Laws, c. 218, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8C. SCREENING OF NEWBORN INFANTS FOR METABOLIC, HEMATOLOGIC, ENDOCRINOLOGIC, IMMUNOLOGIC, AND CERTAIN STRUCTURAL DISORDERS › § 801C. Short title.

§ 801C. Short title.
This chapter shall be known and may be cited as the “Newborn Screening Program.”
80 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8C. SCREENING OF NEWBORN INFANTS FOR METABOLIC, HEMATOLOGIC, ENDOCRINOLOGIC, IMMUNOLOGIC, AND CERTAIN STRUCTURAL DISORDERS › § 802C. Definitions.

§ 802C. Definitions.
(a) “Blood specimen for metabolic, hematologic, endocrinologic, and immunologic disorders” means a dried blood spot on a special filter paper utilized for screening (not diagnostic) tests to establish the likely presence of metabolic, hematologic, endocrinologic, or immunologic disorders.
(b) “Certain structural disorders” includes critical congenital heart defects and other structural disorders.
(c) “Endocrinologic disorder” means the absence or deficiency of a hormone resulting in interference with normal health, growth or development. These disorders include, but are not limited to congenital hypothyroidism and congenital adrenal hyperplasia.
(d) “Hematologic disorder” means, a condition in which a variation in 1 or more of the hemoglobin structural genes or in 1 or more of the genes involved in hemoglobin synthesis produces a variation in hemoglobin structure or synthesis, which results in variation in hemoglobin function. These disorders include, but are not limited to, sickle cell anemia, sickle beta thalassemia, beta thalassemia, alpha thalassemia, hemoglobin C disease and other clinically important variations in hemoglobin structure or synthesis.
(e) “Immunologic disorder” means, a condition in which a variation in the quantity or function of white blood cells results in deficiency of immune function. These disorders include, but are not limited to, severe combined immunodeficiency disorder.
(f) “Kit” means any or all parts of the combined materials, laboratory filter paper specimen forms, Newborn Screening Program brochure, and/or other components provided by the state Newborn Screening Program for the purposes of collection of the blood spot specimen and for submission of the blood spot specimen for laboratory screening.
(g) “Metabolic disorder” means a disorder caused by a genetic alteration, which results in a defect in the structure or function of a specific enzyme or other protein. These disorders include, but are not limited to, phenylketonuria (PKU), galactosemia, maple syrup urine disease (MSUD), and medium chain acyl-CoA dehydrogenase (MCAD) deficiency.
(h) “Newborn infant” means any infant born in the State who is under 4 weeks of age.
(i) The “Newborn Screening Advisory Committee” means a committee, established through this chapter, convened to provide advice and guidance to the Director of Public Health.
(j) “Satisfactory specimen” means a blood spot specimen on which an accurate laboratory analysis for the various disorders can be performed.
80 Del. Laws, c. 96, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8C. SCREENING OF NEWBORN INFANTS FOR METABOLIC, HEMATOLOGIC, ENDOCRINOLOGIC, IMMUNOLOGIC, AND CERTAIN STRUCTURAL DISORDERS › § 803C. Newborn Screening Advisory Committee.

§ 803C. Newborn Screening Advisory Committee.
There shall be established Newborn Screening Advisory Committee (“Committee”) that will advise the Director of the Division of Public Health on issues relating to the newborn screening program, including intervention, treatment, and follow-up care for infants and children with metabolic, hematologic, endocrinologic, immunologic and certain structural disorders. Members shall be appointed by the Governor and serve 3-year terms that are renewable. The Committee shall have 13 members.
(1) The Department of Health and Social Services shall provide administrative support services required for the Committee. Members shall receive no compensation for their services as members.
(2) The Committee shall act by majority vote and as required by this State's Administrative Procedures Act, Chapter 101 of Title 29. The Committee shall meet at least 3 times annually.
(3) The Committee membership shall consist of:
3 individuals, or parents of individuals, affected by disorders identified by the screening panel; an ethicist; an attorney not employed by the State; 3 pediatric physicians; the Medical Director for the Division of Public Health, or his or her designee; the Laboratory Director for the Division of Public Health, or his or her designee; a representative from the Department of Services for Children Youth and their Families; the Chair of the Midwifery Advisory Council, or his or her designee; and a member of the public.
(4) The Committee shall elect a Chairperson to serve for at least 1 year from those members appointed by the Governor. A majority of the membership of the Committee shall constitute a quorum to transact its business.
80 Del. Laws, c. 96, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8C. SCREENING OF NEWBORN INFANTS FOR METABOLIC, HEMATOLOGIC, ENDOCRINOLOGIC, IMMUNOLOGIC, AND CERTAIN STRUCTURAL DISORDERS › § 804C. Newborn Screening Program [Effective until July 17, 2028].

§ 804C. Newborn Screening Program [Effective until July 17, 2028].
(a) The Department of Health and Social Services shall adopt rules and regulations under and pursuant to this State's Administrative Procedures Act, Chapter 101 of Title 29, to carry out the objectives of this chapter. All prior regulations and rules promulgated by the Delaware Division of Public Health in regard to the screening of newborn infants for diseases shall remain in full force and effect until amended or repealed by the Department.
(b) All hospitals, birthing centers and other birth attendants shall obtain a satisfactory specimen within 24 to 48 hours of age and shall perform, or arrange for, screening for critical congenital heart defects.
(c) The Division of Public Health shall provide results to the physician on record.
(d) The Director of the Division of Public Health or, if the Director is not a licensed physician or advanced practice registered nurse, a licensed physician or advanced practice registered nurse designated by the Director and employed by the Division, with advice from the Committee, will determine which disorders shall be on the screening panel.
(e) Blood specimens for metabolic, hematologic, endocrinologic, and immunologic disorders will be destroyed after screening and testing is complete. Screening and testing includes confirmation of any diagnosis.
(f) Records obtained from screenings will be retained by the Division of Public Health.
(g) Fees. — (1) The Newborn Screening Program shall bill the birth facility or individual attending the birth for services provided for each newborn screened under these regulations including but not limited to, the cost of the kits for collection of specimens, the laboratory fee for analysis, and administrative costs. The amount billed will be determined by the Director of the Division of Public Health in consultation with the Advisory Committee and the program staff. The fee will be determined in July of each year based on the cost of the program. All fees collected as a result of billing are hereby appropriated to, and shall be retained by, the Newborn Screening Program to defray operating expenses associated with this chapter, operation of the Program, and programming to ensure the optimal health and development across the lifespan of the maternal and child health population.
(2) No Delaware newborn shall be denied testing for hereditary disorders because of inability of the newborn's parent or legal guardian to pay the fee.
80 Del. Laws, c. 96, §  1;  83 Del. Laws, c. 167, § 1;  84 Del. Laws, c. 92, § 3;  84 Del. Laws, c. 92, § 3;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8C. SCREENING OF NEWBORN INFANTS FOR METABOLIC, HEMATOLOGIC, ENDOCRINOLOGIC, IMMUNOLOGIC, AND CERTAIN STRUCTURAL DISORDERS › § 804C. Newborn Screening Program [Effective July 17, 2028].

§ 804C. Newborn Screening Program [Effective July 17, 2028].
(a) The Department of Health and Social Services shall adopt rules and regulations under and pursuant to this State's Administrative Procedures Act, Chapter 101 of Title 29, to carry out the objectives of this chapter. All prior regulations and rules promulgated by the Delaware Division of Public Health in regard to the screening of newborn infants for diseases shall remain in full force and effect until amended or repealed by the Department.
(b) All hospitals, birthing centers and other birth attendants shall obtain a satisfactory specimen within 24 to 48 hours of age and shall perform, or arrange for, screening for critical congenital heart defects.
(c) The Division of Public Health shall provide results to the physician on record.
(d) The Director of the Division of Public Health, with advice from the Committee, will determine which disorders shall be on the screening panel.
(e) Blood specimens for metabolic, hematologic, endocrinologic, and immunologic disorders will be destroyed after screening and testing is complete. Screening and testing includes confirmation of any diagnosis.
(f) Records obtained from screenings will be retained by the Division of Public Health.
(g) Fees. — (1) The Newborn Screening Program shall bill the birth facility or individual attending the birth for services provided for each newborn screened under these regulations including but not limited to, the cost of the kits for collection of specimens, the laboratory fee for analysis, and administrative costs. The amount billed will be determined by the Director of the Division of Public Health in consultation with the Advisory Committee and the program staff. The fee will be determined in July of each year based on the cost of the program. All fees collected as a result of billing are hereby appropriated to, and shall be retained by, the Newborn Screening Program to defray operating expenses associated with this chapter, operation of the Program, and programming to ensure the optimal health and development across the lifespan of the maternal and child health population.
(2) No Delaware newborn shall be denied testing for hereditary disorders because of inability of the newborn's parent or legal guardian to pay the fee.
80 Del. Laws, c. 96, §  1;  83 Del. Laws, c. 167, § 1;  84 Del. Laws, c. 92, § 3;  84 Del. Laws, c. 92, § 9;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8C. SCREENING OF NEWBORN INFANTS FOR METABOLIC, HEMATOLOGIC, ENDOCRINOLOGIC, IMMUNOLOGIC, AND CERTAIN STRUCTURAL DISORDERS › § 805C. Parental options.

§ 805C. Parental options.
(a) All newborns in Delaware shall have a satisfactory specimen taken within 24 to 48 hours of age and shall be screened for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders. Parents may elect not to participate in any of the following:
(1) Screening to be performed;
(2) The blood spot to be stored following testing; and/or
(3) The results of the screen to be securely shared electronically through a health information exchange so that health-care providers can appropriately access information.
(b) The informed consent process shall assure that the parent or guardian who elects that a newborn shall not be tested understands the consequences of such a decision, including the inability to prevent developmental delay and death. Language conveying such information shall be recommended by the Committee for approval by the Division Director.
(c) There will be no research utilizing the stored blood specimens or the stored data without parental consent, except for population-based studies in which all identifying information is removed.
80 Del. Laws, c. 96, §  1;  83 Del. Laws, c. 167, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8C. SCREENING OF NEWBORN INFANTS FOR METABOLIC, HEMATOLOGIC, ENDOCRINOLOGIC, IMMUNOLOGIC, AND CERTAIN STRUCTURAL DISORDERS › § 806C. Confidentiality.

§ 806C. Confidentiality.
(a) No person may disclose or be compelled to disclose the identity of any person upon whom a blood specimen for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders screen is performed, or the results of such test in a manner which permits identification of the subject of the test, except to the following person:
(1) The subject of the test or the subject's legal guardian.
(2) Any person who secures a legally effective release of test results executed by the subject of the test or the subject's legal guardian.
(3) For purposes of diagnosis, treatment or follow-up.
(4) As authorized by court order.
(5) To a medical examiner authorized to conduct an autopsy on a child or an inquest on the death of a child.
(6) Health facility staff committees or accreditation or oversight review organizations which are conducting program monitoring, program evaluation or service reviews, including the Maternal and Child Death Review Commission conducting reviews pursuant to Title 31.
(7) Individuals who have access to an electronic medical record (EMR), in which the information is retained pursuant to § 1203(a)(6) of this title, or a health information exchange.
(8) Pursuant to Chapter 9 of this title as it relates to investigation of child abuse.
(b) No person to whom the results of a blood specimen for metabolic, hematologic, endocrinologic, immunologic and certain structural disorders screen have been disclosed pursuant to subsection (a) of this section shall disclose the test results to another person except as authorized by subsection (a) of this section.
(c) The provisions in this section shall not interfere with the transmission of information as may be necessary to obtain third-party payment for medical care related to a metabolic, hematologic, endocrinologic, immunologic, or certain structural disorders or with the documentation of cause of death on death certificates.
80 Del. Laws, c. 96, §  1;  80 Del. Laws, c. 187, §  16;  83 Del. Laws, c. 167, § 1;  83 Del. Laws, c. 364, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8D. MATERNAL MENTAL HEALTH › § 801D. Policy.

§ 801D. Policy.
The maternal mental health-care policy of this State shall serve to increase the likelihood that a woman who has given birth and demonstrates symptoms of maternal depression will receive the necessary mental health treatment. The goal of this policy is to provide sufficient resources of information and support, including patient screening soon after childbirth, for women with maternal depression to decrease child abuse or neglect and the need for inpatient treatment.
80 Del. Laws, c. 293, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8D. MATERNAL MENTAL HEALTH › § 802D. Definitions.

§ 802D. Definitions.
As used in this chapter:
(1) “Maternal depression” means a wide range of emotional and psychological reactions that a woman may experience during pregnancy or after childbirth, as the range of reactions is defined in the Diagnostic and Statistical Manual of Mental Disorders. The reactions may include:
feelings of despair or extreme guilt; prolonged sadness; lack of energy; difficulty concentrating; fatigue; extreme changes in appetite; or thoughts of suicide or harming the baby.
(2) “Maternal health-care provider” means a physician, midwife, advanced practice registered nurse, registered nurse, physician assistant, or other health-care practitioner acting within his or her lawful scope of practice while attending a woman who presents with signs of maternal depression.
80 Del. Laws, c. 293, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8D. MATERNAL MENTAL HEALTH › § 803D. Maternal depression materials and information.

§ 803D. Maternal depression materials and information.
(a) The Department shall develop written materials and information about maternal depression.
(1) The materials and information shall include the symptoms and methods of coping with maternal depression and treatment resources.
(2) The Department shall periodically review the materials and information to determine their effectiveness and ensure they reflect the most up-to-date and accurate information.
(3) The Department shall post on its website the materials and information.
(4) The Department may make available or distribute the materials and information in physical form upon request.
(b) Maternal health-care providers shall do all of the following:
(1) Provide the materials and information developed under subsection (a) of this section to any woman who presents with signs of maternal depression.
(2) Encourage any woman who presents with signs of maternal depression to share the materials and information with her baby's family members or caregivers and her family members and caregivers.
(c) Hospitals and other health-care facilities shall do all of the following:
(1) Provide, upon discharge, the materials and information developed under subsection (a) of this section to any woman who presents with signs of maternal depression.
(2) Encourage any woman who presents with signs of maternal depression to share the materials and information with her baby's family members or caregivers and her family members and caregivers.
(d) The Behavioral Health Commission shall assess and recommend improvements to the materials and information developed under subsection (a) of this section, in an effort to create greater statewide resources.
80 Del. Laws, c. 293, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 8D. MATERNAL MENTAL HEALTH › § 804D. Maternal depression screening.

§ 804D. Maternal depression screening.
Maternal health-care providers shall begin evaluations and take action when they recognize symptoms of maternal depression in a woman or family, including when care for a baby suffers or other symptoms as defined in the Diagnostic and Statistical Manual of Mental Disorders.
80 Del. Laws, c. 293, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter I. Reports and Investigations of Abuse and Neglect › § 901. Purpose.

§ 901. Purpose.
The child welfare policy of this State shall serve to advance the best interests and secure the safety of the child, while preserving the family unit whenever the safety of the child is not jeopardized. The child welfare policy of this State extends to all child victims, whether victims of intrafamilial or extrafamilial child abuse and neglect. To that end this chapter, among other things, does all of the following:
(1) Provides for comprehensive, multidisciplinary investigative and protective services for abused and neglected children.
(2) Mandates that reports of child abuse or neglect be made to the appropriate authorities.
(3) Requires various agencies in Delaware's child protection system to work together to ensure the safety of children who are the subject of reports of abuse or neglect by conducting coordinated multidisciplinary investigations where required, judicial proceedings and family assessments, and by providing necessary services.
(4) Provides for the protection of children in facilities or organizations primarily concerned with child welfare and care that are required to be licensed under Delaware law by requiring the Delaware Department of Justice to notify any such facility where an employee of, or other person associated with, the facility has been charged with or convicted of an offense involving child sexual abuse.
This chapter also provides for the protection of children in facilities or organizations primarily concerned with child welfare and care that are required to be licensed under Delaware law by requiring the Delaware Department of Justice to notify any such facility where an employee of, or other person associated with, the facility has been charged with or convicted of an offense involving child sexual abuse.
16 Del. C. 1953, §  1001;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;  68 Del. Laws, c. 440, §  1;  71 Del. Laws, c. 199, §  2;  78 Del. Laws, c. 403, §  1;  81 Del. Laws, c. 144, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter I. Reports and Investigations of Abuse and Neglect › § 903. Reports required.

§ 903. Reports required.
(a) Any person, agency, organization or entity who knows or in good faith suspects child abuse or neglect, including human trafficking of a child, shall make a report to the Department in accordance with § 904 of this title. While a person may also notify law enforcement for the purpose of rendering assistance to the child in question or investigating the cause of the child's injuries or condition, the person is still required to report the suspected abuse to the Department.
(b) The Department shall make information on the general disposition of the report available through the Department report line to the person who made the report.
16 Del. C. 1953, §  1002;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;  72 Del. Laws, c. 179, §  4;  77 Del. Laws, c. 320, §  1;  81 Del. Laws, c. 144, §  3;  83 Del. Laws, c. 228, § 1;  84 Del. Laws, c. 129, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter I. Reports and Investigations of Abuse and Neglect › § 904. Nature and content of report; to whom made.

§ 904. Nature and content of report; to whom made.
(a) A report of known or suspected child abuse or neglect, including human trafficking of a child, must be made orally by immediately contacting the Department's report line for the following circumstances:
(1) Sexual abuse, including human trafficking of a child, where the alleged perpetrator has access to the alleged victim.
(2) Child death.
(3) A child with a current physical injury.
(4) A child who requires immediate medical attention or an immediate mental health evaluation.
(5) A child who has no caregiver, is currently unsupervised, or is living in conditions that are immediately hazardous to the child's health or safety.
(b) A report of known or suspected child abuse or neglect, including human trafficking of a child, which does not meet the criteria in subsection (a) above, may be made orally or through the Department's online reporting portal.
(c) An individual with knowledge of child abuse or neglect, including human trafficking of a child, or knowledge that leads to a good faith suspicion of child abuse or neglect, including human trafficking of a child, may not rely on another individual who has less direct knowledge to call the aforementioned report line.
(d) When 2 or more persons have joint knowledge of a known or suspected instance of child abuse or neglect, including human trafficking of a child, the report may be made by 1 person with joint knowledge who was selected by mutual agreement of those persons involved. The report must include all persons with joint knowledge of the known or suspected instance of child abuse or neglect, including human trafficking of a child at the time the report is made. Any person who has knowledge that the individual who was originally designated to report has failed to do so shall immediately make the report required under § 903 of this title.
16 Del. C. 1953, §  1003;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;  64 Del. Laws, c. 108, §§  4, 11;  77 Del. Laws, c. 320, §  2;  80 Del. Laws, c. 84, §  1;  81 Del. Laws, c. 144, §  4;  83 Del. Laws, c. 228, § 1;  84 Del. Laws, c. 129, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter I. Reports and Investigations of Abuse and Neglect › § 907. Temporary emergency protective custody.

§ 907. Temporary emergency protective custody.
(a) A police officer, nurse practitioner, or a physician who reasonably suspects that a child is in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect and who reasonably suspects the harm or threat to life may occur before the Family Court can issue a temporary protective custody order may take or retain temporary emergency protective custody of the child without the consent of the child's parents, guardian, or others legally responsible for the child's care.
(b) Any person taking a child into temporary emergency protective custody under this section shall immediately notify the Department, in the county in which the child is located, of the person's actions and make a reasonable attempt to advise the parents, guardians, or others legally responsible for the child's care. In notifying the Department, such person shall set forth the identity of the child and the facts and circumstances which gave such person reasonable cause to believe that there was imminent danger of serious physical harm or threat to the life of the child. Upon notification that a child has been taken into temporary emergency protective custody, the Department shall immediately respond in accordance with § 906 of this title to secure the safety of the child which may include ex parte custody relief from the Family Court if appropriate.
(c) Temporary emergency protective custody for purposes of this section may not exceed 4 hours and must cease upon the Department's response pursuant to subsection (b) of this section.
(d) For the purposes of this section, “temporary emergency protective custody” means temporary placement within a hospital, medical facility, or such other suitable placement; provided, however, that an abused or neglected child may not be detained in temporary custody in a secure detention facility.
(e) A Department investigator conducting an investigation pursuant to § 906 of this title has the same authority as that granted to a police officer, nurse practitioner, or physician in subsection (a) of this section, subject to all the same conditions as those listed in subsections (a) through (d) of this section, provided that the child in question is located at a school, day care facility, or child care facility at the time that the authority is initially exercised. In no other case may an employee of the Department exercise custody under this section.
71 Del. Laws, c. 199, §  5;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 173, §  7;  81 Del. Laws, c. 144, §  7;  83 Del. Laws, c. 228, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter I. Reports and Investigations of Abuse and Neglect › § 908. Immunity from liability, and special reimbursement to safe havens for expenses related to certain babies.

§ 908. Immunity from liability, and special reimbursement to safe havens for expenses related to certain babies.
(a) Any person, including an agency, organization, or entity, participating in good faith in the making of a report or notifying police officers pursuant to this chapter; assisting in a multidisciplinary case as required by § 906(b)(4) of this title; performing a medical examination without the consent of those responsible for the care, custody, and control of a child under § 906(e) of this title; or exercising emergency protective custody in compliance with § 907 of this title is immune from any liability, civil or criminal, that might otherwise exist, and such immunity extends to participation in any judicial proceeding resulting from the above actions taken in good faith. This section does not limit the liability of any health-care provider for personal injury claims due to medical negligence that occurs as a result of any examination performed pursuant to this chapter.
(b) (1) Except for negligence or intentional acts, a safe haven under § 907A(b) of this title that, or an employee or volunteer of the safe haven who, accepts temporary emergency protective custody of a baby under § 907A of this title is absolutely immune from civil and administrative liability for any act of commission or omission in connection with the acceptance of that temporary emergency protective custody or the provision of care for the baby while the baby is in the safe haven's temporary emergency protective custody.
(2) If a safe haven under § 907A(b) of this title accepts temporary emergency protective custody of a baby under § 907A of this title, the State shall reimburse the safe haven for eligible, medically necessary costs under the Medicaid Fee for Service Program.
16 Del. C. 1953, §  1005;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;  71 Del. Laws, c. 199, §  5;  72 Del. Laws, c. 179, §  5;  73 Del. Laws, c. 187, §§  4, 5, 8;  75 Del. Laws, c. 376, §  1;  78 Del. Laws, c. 403, §  4;  81 Del. Laws, c. 144, §  8;  83 Del. Laws, c. 242, § 3;  83 Del. Laws, c. 448, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter I. Reports and Investigations of Abuse and Neglect › § 909. Privileged communication not recognized.

§ 909. Privileged communication not recognized.
(a) No legally recognized privilege, except that between attorney and client and that between priest and penitent in a sacramental confession, applies to situations involving known or suspected child abuse, neglect, exploitation, or abandonment and does not constitute grounds for failure to report as required by § 903 of this title or to give or accept evidence in any judicial proceeding relating to child abuse or neglect.
(b), (c) [Repealed.]
16 Del. C. 1953, §  1007;  55 Del. Laws, c. 50, §  1;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;  71 Del. Laws, c. 199, §  5;  81 Del. Laws, c. 144, §  9;  83 Del. Laws, c. 228, § 1;  83 Del. Laws, c. 448, § 2;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter I. Reports and Investigations of Abuse and Neglect › § 910. Court orders to compel.

§ 910. Court orders to compel.
(a) Whenever an investigation has been opened with the Department pursuant to § 906 of this title for potential abuse or neglect of a child, the Department shall have the authority to petition for an order from the Family Court:
(1) To obtain access to the child, or children, and the residence of child, or children; or
(2) To compel the appearance of a person at an office of the Department in furtherance of the investigation; or
(3) To compel compliance with a treatment plan previously agreed to by a child's parent or guardian, if noncompliance with the plan endangers a child's safety; or
(4) To compel completion of a substance abuse or mental health evaluation by the parent or guardian or completion of a developmental health screening for the child or children.
(b) The Family Court shall issue such an order upon the Department establishing by a preponderance of evidence that it provided written notice of its intent to file the petition and:
(1) For petitions requesting relief under paragraph (a)(1), (a)(2), or (a)(3) of this section:
a. That the Department has in good faith attempted on at least 2 separate prior occasions, at least 1 of which was by written communication sent by certified mail, return receipt requested, to contact the person in question without success; or
b. That a child is in actual danger or there is an imminent risk of danger due to the Department's inability to communicate with the person or see the child or the child's residence;
(2) For petitions requesting relief under paragraph (a)(4) of this section, the investigation has revealed that substance abuse, mental health conditions, or developmental delays may be factors placing the child at risk of abuse or neglect.
(c) The Family Court shall enforce noncompliance with such an order pursuant to § 925(3) of Title 10.
(d) Petitions filed pursuant to this section may be granted on an ex parte basis if a child is at risk of imminent physical danger, provided that the Family Court shall consider all requests pursuant to paragraphs (a)(1), (a)(2) and (a)(3) of this section within 2 business days of the request being made. The Family Court shall consider all petitions filed under paragraph (a)(4) of this section within 10 business days of the filing.
(e) For petitions filed under paragraph (a)(4) of this section against any parent or guardian who is indigent, that indigent parent or guardian shall have the right to request a Court-appointed attorney authorized to practice law in this State to represent the parent or guardian at no cost to that parent or guardian.
71 Del. Laws, c. 199, §  6;  72 Del. Laws, c. 173, §  6;  80 Del. Laws, c. 95, §  1;  83 Del. Laws, c. 228, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter I. Reports and Investigations of Abuse and Neglect › § 911. Training and information.

§ 911. Training and information.
(a) The Department shall, on a continuing basis, undertake and maintain programs to inform all persons required to report abuse or neglect pursuant to § 903 of this title and the public of the nature, problem and extent of abuse and neglect, and of the remedial and therapeutic services available to children and their families and to encourage self-reporting and the voluntary acceptance of such services.
(b) The Department shall conduct ongoing training programs to advance the purpose of this section.
(c) The Department shall continuously publicize the existence of the 24-hour report-line to those required to report abuse or neglect pursuant to § 903 of this title of their responsibilities and to the public the existence of the 24-hour statewide toll-free telephone number to receive reports of abuse or neglect.
71 Del. Laws, c. 199, §  6;  83 Del. Laws, c. 228, § 1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter I. Reports and Investigations of Abuse and Neglect › § 913. Child under treatment by spiritual means not neglected.

§ 913. Child under treatment by spiritual means not neglected.
No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for that reason alone be considered a neglected child for the purposes of this chapter.
16 Del. C. 1953, §  1006;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter I. Reports and Investigations of Abuse and Neglect › § 914. Penalty for violation.

§ 914. Penalty for violation.
(a) Whoever violates § 903 of this title shall be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation.
(b) In any action brought under this section, if the court finds a violation, the court may award costs and attorneys' fees.
16 Del. C. 1953, §  1008;  58 Del. Laws, c. 154;  60 Del. Laws, c. 494, §  1;  77 Del. Laws, c. 121, §  1;  77 Del. Laws, c. 320, §  6;
2023 Delaware Code › Title 16 - Health and Safety › Chapter 9. ABUSE OF CHILDREN › Subchapter II. Child Protection Registry › § 921. Child Protection Registry; purpose.

§ 921. Child Protection Registry; purpose.
The Department shall maintain a Child Protection Registry which contains information about persons who have been substantiated for abuse or neglect as provided in this subchapter or who were substantiated between August 1, 1994, and February 1, 2003. The primary purpose of the Child Protection Registry is to protect children and to ensure the safety of children in child care, health care and public educational facilities. This subchapter must be liberally construed so that these purposes may be realized.
73 Del. Laws, c. 412, §  7;  83 Del. Laws, c. 228, § 1;