reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 76. FEDERAL GRANT AND NONFEDERAL GRANT COORDINATION › § 7602. Powers, duties and functions of Committee.

§ 7602. Powers, duties and functions of Committee.
The Clearinghouse Committee shall:
(1) Establish state goals and objectives for maximizing the utilization of federal aid and nonfederal aid programs.
(2) Promulgate procedures and guidelines for all state departments, agencies, public and higher education covering applications for federal grants and nonfederal grants.
(3) Require, upon request, any state department, agency, public and higher education receiving a grant of money from the federal government or a nonfederal grant to submit a detailed report to members of the Committee of expenditures and program measures for the fiscal period in question. Such report shall also be sufficiently descriptive in nature so as to be concise and informative. The Committee may cause the agency submitting such a report to appear before the Committee and to answer such questions as the Committee may require.
(4) Meet as often, in person or virtually, as it is deemed necessary by the Chairperson of the Committee for the purpose of establishing policy, reviewing and approving or disapproving applications for federal and nonfederal grants.
61 Del. Laws, c. 116, §  75;  61 Del. Laws, c. 409, §  10;  63 Del. Laws, c. 279, §  5;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 242, § 76;
2023 Delaware Code › Title 29 - State Government › Chapter 76. FEDERAL GRANT AND NONFEDERAL GRANT COORDINATION › § 7603. Submission of plans and applications.

§ 7603. Submission of plans and applications.
Prior to submitting state or local plan(s) or application(s) to federal or nonfederal authorities for the purpose of receiving funds such plan(s) or application(s) shall be submitted to the Director of the Office Management and Budget for review and approval or disapproval by the Committee. Copies of plans and applications shall be provided to the chairperson of the appropriate legislative standing committee in each House of the General Assembly for the chairperson's review. The chairperson of the legislative standing committee may submit comments on such plans and applications to the Delaware State Clearinghouse Committee. This section shall apply to:
(1) All state departments and agencies, including agencies of public and higher education, receiving funds pursuant to the annual Budget Appropriation Act; and
(2) Any other agency or entity, whether public or private, including political subdivisions of the State, receiving state funds to be used in part or in total as match for receiving federal or nonfederal funds or which through the receipt and expenditure of federal or nonfederal funds impact state expenditures.
61 Del. Laws, c. 116, §  75;  61 Del. Laws, c. 409, §  10;  62 Del. Laws, c. 68, §  87;  63 Del. Laws, c. 191, §  3(b);  63 Del. Laws, c. 279, §  5;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 88, §  21(13);
2023 Delaware Code › Title 29 - State Government › Chapter 76. FEDERAL GRANT AND NONFEDERAL GRANT COORDINATION › § 7604. Required public hearing on applications for block grants.

§ 7604. Required public hearing on applications for block grants.
(a) The Delaware State Clearinghouse Committee shall be the designated Committee to hold any required public hearing on an application for a block grant from the federal government for the following purposes:
(1) To permit public examination of the projected use and distribution of block grant funds;
(2) To allow affected residents of the State or appropriate units of local government to examine the application and submit comments; and
(3) To obtain views of residents of the State.
(b) The public hearing may, at the Committee's discretion, be held at the same time the agency's application for block grant funds is reviewed, approved or disapproved by the Committee. Notice of a public hearing shall be given, in addition to such other methods as the Committee may determine, on the Public Meeting Calendar at least 7 days preceding the date of said public hearing, except where a longer period is expressly provided by applicable law. The notice shall state the date, time, and place, or contain virtual meeting information, of the public hearing and specify the matters to be considered thereat.
63 Del. Laws, c. 279, §  5;  82 Del. Laws, c. 242, § 76;
2023 Delaware Code › Title 29 - State Government › Chapter 77. EMERGENCY LOCATION OF GOVERNMENT › Subchapter I. State Government › § 7701. Proclamation of emergency temporary location of the seat of government.

§ 7701. Proclamation of emergency temporary location of the seat of government.
(a) For purposes of this subchapter:
(1) “Attack” means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the use of other weapons, technologies, or processes.
(2) “Emergency event” means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:
a. Threatens the life, health, or safety of the public.
b. Has, or has the potential to, damage or destroy property or disrupt service, commerce, or other economic activities.
c. Makes the continuation of normal government operations difficult or impossible.
(b) If the Governor determines that, due to the effects of an emergency event, or the anticipated effects of a threatened, perceived, or imminent emergency event, it is imprudent, inexpedient, or impossible to conduct the affairs of state government in Dover, the Governor shall, by proclamation, do all of the following:
(1) Declare an emergency temporary location of the seat of government.
(2) Take any action or issue any order as may be necessary for an orderly transition of the affairs of state government to such emergency temporary location.
(c) The emergency temporary location remains as the seat of government until 1 of the following occurs:
(1) The General Assembly, by law, establishes a new location.
(2) The Governor, by proclamation, determines that the affairs of state government may be conducted in Dover and returns the seat of government to Dover.
29 Del. C. 1953, §  7701;  53 Del. Laws, c. 137;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 449, § 23;
2023 Delaware Code › Title 29 - State Government › Chapter 77. EMERGENCY LOCATION OF GOVERNMENT › Subchapter I. State Government › § 7702. Legality of acts.

§ 7702. Legality of acts.
While the seat of government remains at the emergency temporary location established under § 7701(b) of this title, all official acts that are required by law to be performed in Dover by any officer, agency, department, or authority of this State, including the convening and meeting of the General Assembly in regular, extraordinary, or emergency session, are as valid and binding when performed at such emergency temporary location as if performed in Dover.
29 Del. C. 1953, §  7702;  53 Del. Laws, c. 137;  81 Del. Laws, c. 449, § 24;
2023 Delaware Code › Title 29 - State Government › Chapter 77. EMERGENCY LOCATION OF GOVERNMENT › Subchapter I. State Government › § 7703. Conflict with other laws.

§ 7703. Conflict with other laws.
Notwithstanding any other law to the contrary or in conflict with this subchapter, this subchapter controls and is supreme if it is employed as provided in this subchapter.
29 Del. C. 1953, §  7703;  53 Del. Laws, c. 137;  81 Del. Laws, c. 449, § 25;
2023 Delaware Code › Title 29 - State Government › Chapter 77. EMERGENCY LOCATION OF GOVERNMENT › Subchapter II. Political Subdivisions of the State › § 7721. Purpose; establishment of new location.

§ 7721. Purpose; establishment of new location.
(a) For purposes of this subchapter:
(1) “Attack” means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the use of other weapons, technologies, or processes.
(2) “Emergency event” means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:
a. Threatens the life, health, or safety of the public.
b. Has, or has the potential to, damage or destroy property or disrupt service, commerce, or other economic activities.
c. Makes the continuation of normal government operations difficult or impossible.
(3) “Political subdivision of this State” or “political subdivision” means a county or municipality of this State.
(b) If the presiding officer or 2 members of a governing body of a political subdivision of this State determines that, due to the effects of an emergency event, or the anticipated effects of a threatened, perceived, or imminent emergency event, it is imprudent, inexpedient, or impossible to conduct the political subdivision's affairs at the regular or usual place, the political subdivision's governing body may meet at any place within or without the territorial limits of such political subdivision and do all of the following:
(1) Designate by ordinance, resolution, or other manner, an emergency temporary location of the political subdivision's government where all, or any part, of the public business may be transacted and conducted during the emergency. The location designated may be within or without the territorial limits of the political subdivision and may be within or without this State.
(2) Take any action or enact any ordinance, resolution, or other measure as may be necessary for an orderly transition of the affairs of the political subdivision's government to such emergency temporary location.
29 Del. C. 1953, §  7721;  53 Del. Laws, c. 137;  81 Del. Laws, c. 449, § 26;
2023 Delaware Code › Title 29 - State Government › Chapter 77. EMERGENCY LOCATION OF GOVERNMENT › Subchapter II. Political Subdivisions of the State › § 7722. Legality of acts.

§ 7722. Legality of acts.
While the political subdivision's public business is being conducted at the emergency temporary location established under § 7721(b) of this section, the governing body and other officers of the political subdivision shall have and possess and shall exercise, at such location, all of the executive, legislative, and judicial powers and functions conferred upon the governing body and officers by or under the laws of this State.
(1) All acts of the political subdivision's governing body and its officers are as valid and binding as if performed within the territorial limits of the political subdivision.
(2) The political subdivision's powers and functions may be exercised in the light of the exigencies of the emergency situation, without regard to or compliance with time consuming procedures and formalities ordinarily prescribed by law and pertaining to the political subdivision.
29 Del. C. 1953, §  7722;  53 Del. Laws, c. 137;  81 Del. Laws, c. 449, § 27;
2023 Delaware Code › Title 29 - State Government › Chapter 77. EMERGENCY LOCATION OF GOVERNMENT › Subchapter II. Political Subdivisions of the State › § 7723. Conflict with other laws.

§ 7723. Conflict with other laws.
Notwithstanding any law of this State, municipal charter, or ordinance of a political subdivision of this State to the contrary or in conflict with this subchapter, this subchapter controls and is supreme if it is employed as provided in this subchapter.
29 Del. C. 1953, §  7723;  53 Del. Laws, c. 137;  81 Del. Laws, c. 449, § 28;
2023 Delaware Code › Title 29 - State Government › Chapter 78. EMERGENCY INTERIM EXECUTIVE SUCCESSION ACT › § 7801. Short title.

§ 7801. Short title.
This chapter is known and may be cited as the “Emergency Interim Executive Succession Act.”
29 Del. C. 1953, §  7801;  54 Del. Laws, c. 108;  81 Del. Laws, c. 449, § 29;
2023 Delaware Code › Title 29 - State Government › Chapter 78. EMERGENCY INTERIM EXECUTIVE SUCCESSION ACT › § 7802. Statement of policy.

§ 7802. Statement of policy.
The General Assembly finds and declares that in the event of an emergency event, it is necessary to provide for emergency interim succession to governmental offices of this State, and its political subdivisions, if the incumbents of these offices or the deputies of these incumbents are unavailable to perform the duties and functions of these offices. The General Assembly further finds and declares that this emergency interim succession process is intended to do all of the following:
(1) Assure continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of the State and its political subdivisions.
(2) Provide for the effective operation of governments during an emergency.
(3) Facilitate the early resumption of functions temporarily suspended.
29 Del. C. 1953, §  7802;  54 Del. Laws, c. 108;  81 Del. Laws, c. 449, § 30;
2023 Delaware Code › Title 29 - State Government › Chapter 78. EMERGENCY INTERIM EXECUTIVE SUCCESSION ACT › § 7803. Definitions.

§ 7803. Definitions.
As used in this chapter:
(1) “Attack” means any action or series of actions causing, or which may cause, substantial damage or injury to persons or property by any means, including through biological, chemical, radiological, or nuclear means or through the use of other weapons, technologies, or processes.
(2) “Deputy” means an assistant or other subordinate officer who is authorized by law to exercise the powers and discharge the duties of a state or political subdivision office.
(3) “Emergency event” means an impending or existing attack, act of terrorism, disease, accident, or other natural or man-made disaster that does 1 or more of the following:
a. Threatens the life, health, or safety of the public.
b. Has, or has the potential to, damage or destroy property or disrupt service, commerce, or other economic activities.
c. Makes the continuation of normal government operations difficult or impossible.
(4) “Emergency interim successor” means an individual designated under this chapter to exercise the powers and discharge the duties of an office held by another individual who is unavailable until a successor is appointed or elected and qualified as may be provided by the Delaware Constitution, statutes, charters, or ordinances or until the other individual who is unavailable is able to resume the exercise of the powers and discharge the duties of the office.
(5) “Office” includes all state and political subdivision offices, the powers and duties of which are defined by the Delaware Constitution, statutes, charters, or ordinances. “Office” does not include the Office of Governor and members of the General Assembly and the Judiciary.
(6) “Political subdivision” includes counties, municipalities, districts, authorities, and other public corporations and entities whether organized and existing under a charter or general law.
(7) “Unavailable” means either that a vacancy in an office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy, and the lawful incumbent's duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
29 Del. C. 1953, §  7803;  54 Del. Laws, c. 108;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 449, § 31;
2023 Delaware Code › Title 29 - State Government › Chapter 78. EMERGENCY INTERIM EXECUTIVE SUCCESSION ACT › § 7804. Emergency interim successors for state officers.

§ 7804. Emergency interim successors for state officers.
(a) All state officers shall do all of the following:
(1) Designate not less than 3 nor more than 7 emergency interim successors to the officer's powers and duties. The emergency interim successors under this paragraph (a)(1) are in addition to the officer's deputy.
(2) Specify the order of succession of the individuals selected under paragraph (a)(1) of this section.
(3) Review and revise the designations of emergency interim successors made under this chapter to ensure that at all times there are at least 3 qualified emergency interim successors.
(b) The power granted to state officers under subsection (a) of this section is subject to such regulations as the Governor or other official authorized under the Delaware Constitution to exercise the powers and discharge the duties of the office of Governor may issue.
(c) A state officer's designated emergency interim successor shall exercise the powers and discharge the duties of the officer's office if all of the following apply:
(1) The officer is unavailable following an emergency event.
(2) The officer's deputy is unavailable following an emergency event.
(d) An emergency interim successor shall exercise the powers and discharge the duties of a state officer's office until 1 of the following occurs:
(1) The Governor under the Delaware Constitution or authority other than this chapter, or other official authorized under the Delaware Constitution to exercise the powers and discharge the duties of the office of Governor, where a vacancy exists, appoint a successor to fill the vacancy.
(2) A successor is otherwise appointed or elected and qualified as provided by law.
(3) An officer or the officer's deputy or a preceding named emergency interim successor becomes available to exercise or resume the exercise of the powers and discharge the duties of the office.
29 Del. C. 1953, §  7804;  54 Del. Laws, c. 108;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 449, § 32;
2023 Delaware Code › Title 29 - State Government › Chapter 78. EMERGENCY INTERIM EXECUTIVE SUCCESSION ACT › § 7805. Enabling authority for emergency interim successors for certain political subdivision offices.

§ 7805. Enabling authority for emergency interim successors for certain political subdivision offices.
(a) With respect to municipal and county offices for which the legislative bodies of municipalities and counties may enact resolutions or ordinances relative to the manner in which vacancies are to be filled or temporary appointments to office made, such legislative bodies are authorized to enact resolutions or ordinances providing for emergency interim successors to municipal and county offices.
(b) A resolution or ordinance adopted under this section may not be inconsistent with this chapter.
29 Del. C. 1953, §  7805;  54 Del. Laws, c. 108;  81 Del. Laws, c. 449, § 33;
2023 Delaware Code › Title 29 - State Government › Chapter 78. EMERGENCY INTERIM EXECUTIVE SUCCESSION ACT › § 7806. Emergency interim successors for certain political subdivision officers.

§ 7806. Emergency interim successors for certain political subdivision officers.
(a) This section applies to officers of political subdivisions not included in § 7805 of this title.
(b) All officers governed by this section shall do all of the following:
(1) Designate by title not less than 3 nor more than 7 emergency interim successors to the officer's powers and duties. The emergency interim successors under this paragraph (b)(1) are in addition to the officer's deputy.
(2) Specify the order of succession of the individuals selected under paragraph (b)(1) of this section.
(3) Review and revise the designations of emergency interim successors made under this chapter to ensure that at all times there are at least 3 qualified emergency interim successors.
(c) The power granted to officers governed by this section under subsection (b) of this section is subject to such regulations as the chief executive officer of the political subdivision may issue.
(d) An emergency interim successor of an officer governed by this section shall exercise the powers and discharge the duties of the officer's office if all of the following apply:
(1) The officer is unavailable following an emergency event.
(2) The officer's deputy is unavailable following an emergency event.
(e) An emergency interim successor of an officer governed by this section shall exercise the powers and discharge the duties of the office until 1 of the following occurs:
(1) If a vacancy exists, it is filled in accordance with the Delaware Constitution or other law of this State.
(2) An officer or the officer's deputy or a preceding emergency interim successor becomes available to exercise the powers and discharge the duties of the office.
29 Del. C. 1953, §  7806;  54 Del. Laws, c. 108;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 449, § 34;
2023 Delaware Code › Title 29 - State Government › Chapter 78. EMERGENCY INTERIM EXECUTIVE SUCCESSION ACT › § 7807. Formalities of taking office.

§ 7807. Formalities of taking office.
(a) At the time of an individual's designation as an emergency interim successor, the individual shall take such oath as may be required for the individual to exercise the powers and discharge the duties of the office to which the individual may succeed.
(b) Notwithstanding any other law, no individual, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which the individual succeeds, is required to comply with any other law relative to taking office.
29 Del. C. 1953, §  7807;  54 Del. Laws, c. 108;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 449, § 35;
2023 Delaware Code › Title 29 - State Government › Chapter 78. EMERGENCY INTERIM EXECUTIVE SUCCESSION ACT › § 7808. Period in which authority may be exercised.

§ 7808. Period in which authority may be exercised.
(a) An individual authorized to act as an emergency interim successor may exercise the powers and discharge the duties of an office as authorized by this chapter only after an emergency event has occurred.
(b) The General Assembly may, by concurrent resolution, terminate the authority of emergency interim successors to exercise the powers and discharge the duties of office as provided in this chapter.
29 Del. C. 1953, §  7808;  54 Del. Laws, c. 108;  81 Del. Laws, c. 449, § 36;
2023 Delaware Code › Title 29 - State Government › Chapter 78. EMERGENCY INTERIM EXECUTIVE SUCCESSION ACT › § 7809. Removal of designees.

§ 7809. Removal of designees.
Until an individual who is designated as an emergency interim successor is authorized to exercise the powers and discharge the duties of an office, the individual serves at the pleasure of the designating authority and may be removed or replaced by the designating authority at any time, with or without cause.
29 Del. C. 1953, §  7809;  54 Del. Laws, c. 108;  81 Del. Laws, c. 449, § 37;
2023 Delaware Code › Title 29 - State Government › Chapter 78. EMERGENCY INTERIM EXECUTIVE SUCCESSION ACT › § 7810. Disputes.

§ 7810. Disputes.
The Governor or other official authorized under the Delaware Constitution to exercise the powers and discharge the duties of the office of Governor shall settle any dispute concerning a question of fact arising under this chapter with respect to an office in the executive branch of the state government. The Governor's decision is final.
29 Del. C. 1953, §  7810;  54 Del. Laws, c. 108;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 449, § 38;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7901. Establishment of Department of Health and Social Services.

§ 7901. Establishment of Department of Health and Social Services.
A Department of Health and Social Services is established.
29 Del. C. 1953, §  7901;  57 Del. Laws, c. 301, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7902. Secretary; Deputy Secretary; division directors; Acting Secretary; appointment.

§ 7902. Secretary; Deputy Secretary; division directors; Acting Secretary; appointment.
(a) The administrator and head of the Department shall be the Secretary of the Department of Health and Social Services, who shall be a person qualified by training and experience to perform the duties of the office. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Secretary shall be paid an annual salary not in excess of $34,000. The Secretary of the Department of Health and Social Services shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall be an automatic resignation from said office.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position of Deputy Secretary if vacant. A Deputy Secretary so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such Deputy Secretary may be removed from office by the Secretary with the written approval of the Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary or the director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or the director of any division of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the powers and perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed.
29 Del. C. 1953, §  7902;  57 Del. Laws, c. 301, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  1;  73 Del. Laws, c. 68, §§  1-3;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7905. Office of Women's Health.

§ 7905. Office of Women's Health.
(a) The Office of Women's Health is hereby established within the Division of Public Health, Delaware Health and Social Services.
(b) Definitions:
(1) “Director,” as used in this section, means the Director of the Office of Women's Health.
(2) “Division Director,” as used in this section, means the Director of the Division of Public Health.
(3) “Office,” as used in this section, refers to the Office of Women's Health.
(4) “Secretary,” as used in this section, means the Secretary of Health and Social Services.
(c) The Office is established to address women's health issues across the lifespan for the following purposes:
(1) To facilitate appropriate forums, programs or initiatives designed to educate the public regarding women's health and health lifestyles.
(2) To assist the Division Director in identifying, coordinating and establishing priorities for programs, services and resources the State should provide for women's health issues across the lifespan, including concerns relating to reproductive, menopausal and postmenopausal phases of a woman's life.
(3) To serve as a resource for information regarding women's health data, strategies, services and programs that address women's health issues across the lifespan.
(4) To provide relevant research information and data conducted or compiled by Delaware Health and Social Services and/or other entities in collaboration with the Department.
(5) To seek funding from private or governmental entities to carry out the purposes of this chapter.
(6) To prepare materials for publication and dissemination to the public on women's health.
(7) To conduct public educational forums in Delaware to raise public awareness and to educate citizens about women's health programs, issues and services.
(8) To coordinate the activities and programs of the Office with other entities that focus on women's health or women's issues, including but not limited to other state agencies.
(d) The structure of the Office of Women's Health will be determined by Delaware Health and Social Services, including:
(1) The Director of the Office; and
(2) Other employees that are deemed necessary.
73 Del. Laws, c. 119, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 106, §  8;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7906. Community services.

§ 7906. Community services.
There are established within the Department of Health and Social Services the programs and functions of community services involving all of the powers, duties and functions heretofore performed within the former Department of Community Affairs pursuant to § 4 of Executive Order Number 123 dated December 29, 1982.
68 Del. Laws, c. 149, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7908. Division of Substance Abuse and Mental Health.

§ 7908. Division of Substance Abuse and Mental Health.
(a) There is hereby established the Division of Substance Abuse and Mental Health under the direction and control of the Secretary of the Department of Health and Social Services.
(b) The Division of Substance Abuse and Mental Health shall be responsible for providing and overseeing public mental health and substance use treatment services serving individuals who are 18 years old and older.
(c) The Division of Substance Abuse and Mental Health shall have the following powers and duties:
(1) To plan for, establish, implement, amend and revise standards for mental health programs serving individuals who are 18 years old and older.
(2) The authority to create, implement, and oversee licensing requirements for all mental health treatment programs serving individuals who are 18 years old and older.
(3) To provide, facilitate, and create educational and training programs related to mental health and substance use.
(4) To make contracts necessary or incidental to the performance of its duties and execution of its powers.
(5) To operate the Delaware Psychiatric Center, including maintaining a forensic unit as required by Chapter 51 of Title 16.
(6) To acquire, hold or dispose of real property or any interest therein, and construct, lease or otherwise provide treatment facilities for individuals in need of treatment.
(7) To carry out all powers and duties set forth in Chapters 22, 50, 51, 59, and 61 of Title 16.
(8) To coordinate with other divisions within the Department of Health and Social Services, as well as with the Department of Services for Children Youth and Their Families, as necessary to provide appropriate individualized treatment services and address systemic public health needs.
(9) To 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 take all actions necessary to cooperate with the federal government or any of its agencies in making an application for any grants.
(10) To administer or supervise the administration of the provisions relating to individuals in need of mental health or substance use treatment of any state plan submitted for federal funding pursuant to federal health, welfare or treatment legislation.
(11) To take all other actions necessary to execute the authority expressly granted to the Division of Substance Abuse and Mental Health.
(d) The Division of Substance Abuse and Mental Health shall be authorized to promulgate rules and regulations to implement this section.
29 Del. C. 1953, §  7908;  57 Del. Laws, c. 301, §  1;  60 Del. Laws, c. 677, §  1;  64 Del. Laws, c. 467, §  1;  73 Del. Laws, c. 41, §  1;  82 Del. Laws, c. 50, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7908B. Division of Substance Abuse and Mental Health.

§ 7908B. Division of Substance Abuse and Mental Health.
When a law-enforcement officer contacts Crisis Intervention Services or suspects an individual is experiencing an overdose or a suicide attempt, the law-enforcement officer may disclose the individual's identifying information and a brief event synopsis to the Division of Substance Abuse and Mental Health to connect the individual to behavioral health treatment services.
82 Del. Laws, c. 200, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7909A. Division of Developmental Disabilities Services.

§ 7909A. Division of Developmental Disabilities Services.
(a) There is hereby established the Division of Developmental Disabilities Services under the direction and control of the Secretary of the Department of Health and Social Services.
(b) The mission of the Division of Developmental Disabilities Services is to provide services and supports to individuals with developmental disabilities and their families which enable them to make informed choices that lead to an improved quality of life and meaningful participation in their communities.
(c) The Division of Developmental Disabilities Services shall have the following powers and duties:
(1) Provide case management and community-based services including family supports, advocacy, respite, residential setting options, nurse and behavioral consultation, day services, and supported employment services to assist individuals achieve their goals.
(2), (3) [Repealed.]
(4) Provide intermediate care facility residential services.
(d) The Division of Developmental Disabilities Services shall ensure the investigation of complaints of abuse, neglect, mistreatment and financial exploitation. Such investigations may be in coordination with the Attorney General's Office, law-enforcement or other appropriate agencies.
(e) The Division of Developmental Disabilities Services shall be authorized to promulgate rules and regulations to implement this statute.
(f) It is the intent of the General Assembly for the Division of Developmental Disabilities Services (DDDS) to phase in increases to the rate system for services to adults with intellectual and developmental disabilities (I/DD) based on the market study provided to the Office of Management and Budget and the Controller General on January 17, 2014, by the Department of Health and Social Services Secretary, as subsequently updated with utilization data for fiscal year 2018 and updated component percentages. Subject to available funding, these rates shall be phased in to 100 percent of the benchmarked levels established.
60 Del. Laws, c. 677, §  2;  73 Del. Laws, c. 97, §  5;  78 Del. Laws, c. 179, §  315;  81 Del. Laws, c. 407, § 1;  82 Del. Laws, c. 31, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7911. Division of Social Services.

§ 7911. Division of Social Services.
The Division of Social Services is established having the power to perform and shall be responsible for the performance of all the powers, duties and functions heretofore vested in the Department of Public Welfare and the Board of Welfare, pursuant to Chapter 1, subchapters I, III, IV, and VI of Chapter 3, and Chapters 5, 9, and 11 of Title 31.
29 Del. C. 1953, §  7911;  57 Del. Laws, c. 301, §  1;  61 Del. Laws, c. 329, §  1;  64 Del. Laws, c. 108, §  2;  69 Del. Laws, c. 345, §  7;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7912. Council on Family Services.

§ 7912. Council on Family Services.
(a) There is established the Council on Family Services.
(b) [Repealed.]
(c) The Council on Family Services shall be composed of 7 members who shall be appointed for 3-year terms by the Governor.
(d) At least 3, but no more than 4, members of the Council shall be affiliated with 1 of the major political parties and at least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided, however, that there shall be no more than a bare majority representation of 1 major political party over the other major political party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the remainder of the term.
29 Del. C. 1953, §  7912;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 591, §  65;  64 Del. Laws, c. 108, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7913. Council on the Blind.

§ 7913. Council on the Blind.
(a) The Council on the Blind is established.
(b) The Council on the Blind (“Council”) serves in an advisory capacity to the Director of the Division for the Visually Impaired and considers matters relating to the supervision of the training of a “person with blindness” or “person with visual impairment,” as defined in § 2101 of Title 31, and other matters that the Governor, the Secretary of the Department, or the Director may refer to it. The Council may study, research, plan, or advise the Director, Secretary, or Governor on matters it deems appropriate to enable the Division to function in the best possible manner.
(c) The Council is comprised of 7 members who are appointed by the Governor.
(d) [Repealed.]
(e) A council member does not receive compensation but may be reimbursed for the member's actual and necessary expenses incurred in the performance of the member's official duties.
(f) The Council shall annually elect a chair from among its members. A chair is eligible for reelection.
(g) Each council member is appointed for a term of 3 years. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in council proceedings until the Governor replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that members' terms expire on a staggered basis.
(h) The number of members who must be present at a council meeting in order to have quorum and conduct official business is a majority of appointed members. Counting for quorum does not include member positions that are vacant.
(i) The Governor may remove a member for gross inefficiency, misfeasance, malfeasance, or neglect of duty in office. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular council meetings or attends less than 50% of council meetings in a calendar year. The Governor may consider the member to have resigned and may accept the member's resignation.
29 Del. C. 1953, §  7913;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 591, §  66;  61 Del. Laws, c. 329, §  2;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §  317;  83 Del. Laws, c. 455, § 2;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7914. Volunteer services.

§ 7914. Volunteer services.
There are established within the Department of Health and Social Services the programs and functions of volunteer services involving all of the powers, duties and functions heretofore performed within the Division of Volunteer Services of the Department of Community Affairs pursuant to former § 8629 [repealed] of Title 29, as follows, which shall be performed by the Director, or the Director's duly authorized designee, with the approval of the Secretary:
(1) Encourage and enable persons from all walks of life and from all age groups to perform constructive volunteer services;
(2) Establish methods for supporting and promoting private sector leadership and responsibility for meeting public needs;
(3) Promote communication and collaboration between public and private volunteer programs in the State and between the State and the private sector's initiatives in meeting human needs;
(4) Develop, implement and maintain a volunteer clearing house to disseminate information on volunteer opportunities in the State;
(5) Develop strategies for more effective contributions of time, talent and resources for community projects by businesses, foundations, religious and civic groups and others;
(6) Collect, maintain and share information on private initiatives, community, partnerships and creative solutions undertaken by businesses, foundations, voluntary organizations, religious institutions and other private sector groups in the State, in order to promote their broader use;
(7) Provide, or arrange for training and technical assistance to public and private organizations engaged in volunteer recruitment and programming;
(8) Develop, implement and maintain a State plan for public recognition and support of individual volunteer efforts and successful or promising private sector initiatives and public/private partnerships which address community needs;
(9) Identify obstacles to private sector initiatives and citizen participation and develop resources and systems which not only eliminate such obstacles but which also provide new incentives to encourage citizens and the private sector to volunteer and/or undertake new community service initiatives;
(10) Directly administer those statewide volunteer programs which are currently administered within the Department of Health and Social Services and any other such volunteer program which may subsequently be assigned to this Department by the Governor or the General Assembly;
(11) Serve as the State's liaison to the Federal ACTION Agency and to other appropriate national and state organizations which relate to this section; and
(12) Assume such other powers, duties and functions as the Secretary may assign which are in keeping with this section and not otherwise inconsistent with the law.
68 Del. Laws, c. 149, §  3;  69 Del. Laws, c. 114, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7915A. Appointments to advisory commissions, boards and committees involved with the elderly.

§ 7915A. Appointments to advisory commissions, boards and committees involved with the elderly.
The Governor, when making appointments to any advisory commission, board or committee, created by this chapter, which does or may have jurisdiction over or advisory status with state assisted activities for the elderly, shall appoint at least 1 senior citizen. For the purpose of this section a senior citizen shall be a person who was 62 years of age or more on his or her last birthday.
63 Del. Laws, c. 102, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7922. Exemptions.

§ 7922. Exemptions.
The following positions set forth in this section shall be exempt from Chapter 59 of this title:
(1) Secretary of Health and Social Services;
(2) Director of Public Health;
(3) Director of the Division of Substance Abuse and Mental Health;
(4) Director of Social Services;
(5) Chief of Business Administration and General Services;
(6) Chief of Planning, Research and Evaluation;
(7) Director of Developmental Disabilities Services;
(8) Director of Child Support Services;
(9) Director of the Division of Services for Aging and Adults with Physical Disabilities;
(10) Director of State Service Centers;
(11) Director of Long-Term Care Resident Protection; and
(12) Deputy Secretary of the Department of Health and Social Services.
29 Del. C. 1953, §  7924;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 251, §  4;  64 Del. Laws, c. 467, §§  4, 5;  65 Del. Laws, c. 89, §  3;  69 Del. Laws, c. 345, §  6;  70 Del. Laws, c. 150, §  7;  73 Del. Laws, c. 41, §  1;  73 Del. Laws, c. 68, §  5;  73 Del. Laws, c. 97, §  6;  79 Del. Laws, c. 265, §  4;  80 Del. Laws, c. 234, §  27;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7923. Assumption of functions of prior agencies.

§ 7923. Assumption of functions of prior agencies.
The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the State Board of Health, the Board of Trustees of the Delaware Hospital for the Chronically Ill, the Hospital Advisory Council, the Department of Mental Health, the Board of Trustees of the Department of Mental Health, the Department of Public Welfare, the Board of Welfare, the Commission for the Blind [repealed], and the Commission for the Aging immediately prior to June 12, 1970, and which are not otherwise specifically transferred to the Department by this chapter.
29 Del. C. 1953, §  7925;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 207, §  1;  60 Del. Laws, c. 251, §  5;  64 Del. Laws, c. 108, §  3;  79 Del. Laws, c. 265, §  5;  83 Del. Laws, c. 455, § 5;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7924. Appeals.

§ 7924. Appeals.
Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred and each such appeal shall be perfected in the manner heretofore provided by law.
29 Del. C. 1953, §  7926;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 251, §  6;
2023 Delaware Code › Title 29 - State Government › Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES › Subchapter I. Establishment and Organization of Department › § 7925. Definitions and references in other laws.

§ 7925. Definitions and references in other laws.
(a) All definitions and references to any commission, board, department, authority or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of Health and Social Services as created and established by this chapter.
(b) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter, and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.
29 Del. C. 1953, §  7927;  57 Del. Laws, c. 301, §  1;  57 Del. Laws, c. 551, §  1;  59 Del. Laws, c. 136, §  3;  60 Del. Laws, c. 251, §  6;