reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VII. Child Day-Care Centers › § 390. Definition.

§ 390. Definition.
As used in this subchapter:
“Child day-care center” means a facility designed and prescribed to meet the daily physical, mental and social needs of children from infancy through 6 years, who would be eligible to be served, in a consistent, wholesome and efficient manner.
31 Del. C. 1953, §  387;  56 Del. Laws, c. 347.;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VII. Child Day-Care Centers › § 391. Intent and purposes.

§ 391. Intent and purposes.
The intent and purposes of this subchapter are to:
(1) Provide child day-care facilities available within this State so as to provide safe, adequate, economical care for children whose parents, guardians or custodians are employed or are seeking employment or are enrolled in training or education courses or where this service would contribute to the resolution of family problems;
(2) Secure by decentralized neighborhood management the highest attainable degree of assurance that each child day-care center will properly and economically meet the needs of those children who can make the best use of that service within their neighborhoods under supervision of the Division of Social Services consistent with the objectives in view.
31 Del. C. 1953, §  388;  56 Del. Laws, c. 347;  57 Del. Laws, c. 212, §  9;  58 Del. Laws, c. 64, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VII. Child Day-Care Centers › § 392. General powers and duties of Division in respect to children in day-care centers.

§ 392. General powers and duties of Division in respect to children in day-care centers.
In order that the State may provide day-care facilities and services, the Division of Social Services shall:
(1) Establish and operate day-care centers;
(2) Charge such fees as it deems desirable, but such fees may be based on the ability of the parent, guardian or custodian of the child to pay;
(3) Aid in the establishment of privately or publicly operated nonprofit child day-care centers by granting funds to private or public organizations agreeing to operate child day-care centers in accordance with standards set by the Division;
(4) Pay all or part of the fees charged by the organizations established under paragraph (3) of this section for the care of children whose parent, guardian or custodian is financially unable to pay all or part of such fees;
(5) Purchase day-care service from any child day-care center, whether profit or nonprofit, which shall provide such service in conformity with the requirements of this subchapter; and
(6) Pay all or part of the fees for day-care service as is appropriate to the financial position of the parents, parent or guardian of such child.
31 Del. C. 1953, §  389;  56 Del. Laws, c. 347;  57 Del. Laws, c. 212, §  10;  58 Del. Laws, c. 64, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VII. Child Day-Care Centers › § 393. Application for aid; requirements.

§ 393. Application for aid; requirements.
Application for aid under this subchapter shall be made to the office of the Division of Social Services. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the Division of Social Services. Such application shall be made by the legally constituted body organized for the express purpose of the operational and managerial functions of child day-care centers and shall contain information as to the organizational structure, stated purposes and objectives of the organization and such other information as may be required by the Division of Social Services.
31 Del. C. 1953, §  390;  56 Del. Laws, c. 347;  58 Del. Laws, c. 64, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VII. Child Day-Care Centers › § 394. Investigation of applications.

§ 394. Investigation of applications.
Whenever the Division of Social Services receives notification of an application for aid, an investigation shall be made by a member of the child care consultant staff of the Division of Social Services, and a record shall be made of the circumstances in order to ascertain the eligibility of the applicant organization.
31 Del. C. 1953, §  391;  56 Del. Laws, c. 347;  58 Del. Laws, c. 64, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VII. Child Day-Care Centers › § 395. Grant of aid; notification; payment.

§ 395. Grant of aid; notification; payment.
Upon the completion of the investigation, the Division of Social Services shall decide whether the organization is eligible for aid under the provisions of this subchapter and determine the amount of such aid and the date on which such aid shall begin. The Division of Social Services shall notify the applicant organization of its decision. Such aid shall be allocated and dispensed in a ratio to be determined by the Division of Social Services that recognizes degree of need in proportion to the most effective utilization of the available money.
31 Del. C. 1953, §  392;  56 Del. Laws, c. 347;  58 Del. Laws, c. 64, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VII. Child Day-Care Centers › § 396. Periodic reconsideration and changes in amount of aid.

§ 396. Periodic reconsideration and changes in amount of aid.
All grants made under this subchapter shall be reconsidered by the Division of Social Services as frequently as it may deem necessary but at least annually. The amount of aid may be changed or aid may be entirely withdrawn if the Division of Social Services finds that the delegated organization's program is inconsistent with the purposes and intent of this subchapter.
31 Del. C. 1953, §  393;  56 Del. Laws, c. 347;  58 Del. Laws, c. 64, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 3. CHILD WELFARE › Subchapter VII. Child Day-Care Centers › § 397. Federal financial participation.

§ 397. Federal financial participation.
The State Treasurer shall receive all money paid to the State by the Secretary of the Treasury of the United States, on account of aid provided under this subchapter, and shall make payments from such moneys and moneys appropriated by any law of this State in accordance with this subchapter and under the United States Social Security Act [42 U.S.C. § 301 et seq.].
31 Del. C. 1953, §  394;  56 Del. Laws, c. 347.;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 501. Legislative intent.

§ 501. Legislative intent.
It is declared to be the legislative intent that the purpose of this chapter is to promote the welfare and happiness of all of the people of this State by providing public assistance to all of its eligible needy, unemployable and distressed, that assistance shall be administered promptly and humanely with due regard for the preservation of family life and without discrimination on account of race, religion or political affiliation and that assistance shall be administered in such a way and manner as to encourage self-respect, self-dependency and the desire to be a good citizen and useful to society. It is further declared to be the legislative intent that public assistance be administered, to the extent practicable, in such a way that:
private sector work is more economically attractive than public assistance; public assistance recipients exercise personal responsibility in exchange for government assistance; public assistance is transitional, not a way of life, for recipients; both parents are held responsible for supporting and parenting their children; recipients are not encouraged to have additional children while receiving public assistance; and the formation and maintenance of two-parent families is encouraged and teenage pregnancy is discouraged.
31 Del. C. 1953, §  501;  50 Del. Laws, c. 278, §  5;  58 Del. Laws, c. 341, §  3;  70 Del. Laws, c. 65, §  2;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 504. Assignment and collection of support payments; powers and duties of Family Court.

§ 504. Assignment and collection of support payments; powers and duties of Family Court.
(a) Any law of the State to the contrary notwithstanding, the application and/or receipt of public assistance under § 503(d) of this title shall act as an automatic and immediate assignment of all rights of support for the applicant and/or recipient and any dependent child. Such assignment shall have the full force and effect of law to the State and shall be collectible by the Division of Child Support Services. All money collected pursuant to such assignment shall be deposited directly to the credit of the Division of Child Support Services Account for distribution in accordance with § 457 of the Social Services Amendments of 1974 (42 U.S.C. § 657).
(b) Whenever it appears to the Family Court or the Department of Health and Social Services that a child support obligor of any dependent child or children cannot comply with a support order, the Court or the Department may act to improve the earning capacities of a child support obligor by cooperating with the appropriate state agencies to provide the necessary training, job upgrading, or both.
31 Del. C. 1953, §  503A;  57 Del. Laws, c. 250, §  1;  60 Del. Laws, c. 280, §  1;  70 Del. Laws, c. 65, §  15;  80 Del. Laws, c. 234, § 31;  81 Del. Laws, c. 78, § 14;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 505. Categories of assistance.

§ 505. Categories of assistance.
Assistance may be granted, in accordance with rules and regulations established by the Department of Health and Social Services under § 503 of this title, in the following categories:
(1) Temporary Assistance for Needy Families. —
Assistance with respect to needy families with children. Temporary Assistance for Needy Families means aid granted to a family, as that term is defined pursuant to Department of Health and Social Service Regulations, with respect to a child or children under the age of 18 who has or have been deprived of parental support or care by reason of death, continued absence from the home, physical or mental incapacity, unemployment, or underemployment.
If found feasible by and in accordance with regulations prescribed by the Department, the term Temporary Assistance for Needy Families shall also include aid granted with respect to children who are removed from their home and placed in foster care as a result of a judicial determination initiated during the month in or for which such a family was receiving such aid or initiated during the month in or for which such a family would have received the aid if application for aid had been made, or if such children, who within 6 months prior to the month court proceedings were initiated, had been living with a specified relative and would have been eligible for assistance in or for such month except for failure to meet the “living with” requirements, that continuation in the parent's or relative's home would be contrary to the child's welfare.
(2) General assistance. —
Assistance granted to eligible needy persons residing in Delaware who are unemployable.
(3) Medicaid assistance. —
Assistance granted in the form of medical care, including dental care, to individuals eligible in accordance with Title IV-A, XVI, XIX of the Social Security Act [42 U.S.C. §§ 601 et seq., 1381 et seq., and 1396 et seq.], federally approved waivers, and rules and regulations established by the Department of Health and Social Services.
(4) Child care assistance. —
Assistance granted to eligible persons who need child care but are unable to pay for all or part of the cost of care.
37 Del. Laws, c. 85, §  6;  Code 1935, §  1609;  41 Del. Laws, c. 124, §  1;  31 Del. C. 1953, §§  501, 504;  50 Del. Laws, c. 278, §  5;  52 Del. Laws, c. 259;  53 Del. Laws, c. 431, §§  5-8;  54 Del. Laws, c. 359, §  3;  55 Del. Laws, c. 299, §  2;  55 Del. Laws, c. 367, §  7;  57 Del. Laws, c. 248;  57 Del. Laws, c. 249;  58 Del. Laws, c. 341, §  2;  59 Del. Laws, c. 228, §  1;  59 Del. Laws, c. 433, §  1;  61 Del. Laws, c. 443, §  1;  63 Del. Laws, c. 185, §  1;  66 Del. Laws, c. 85, §  181;  66 Del. Laws, c. 166, §  1;  70 Del. Laws, c. 65, §§  16, 17;  80 Del. Laws, c. 28, § 5;  81 Del. Laws, c. 28, § 4;  81 Del. Laws, c. 28, § 5;  81 Del. Laws, c. 217, § 2;  81 Del. Laws, c. 367, § 2;  81 Del. Laws, c. 367, § 2;  82 Del. Laws, c. 187, § 3;  82 Del. Laws, c. 290, § 3;  82 Del. Laws, c. 290, § 7;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 506. Duplication of assistance.

§ 506. Duplication of assistance.
No person shall receive assistance for the same period under more than 1 of the categories of assistance listed in § 505(1-3) of this title, including assistance to the needy blind, if the payment of such assistance would be inconsistent with any requirement for federal aid with respect thereto as set forth in rules and regulations of the Department and the Delaware Commission for the Blind [repealed].
31 Del. C. 1953, §  505;  50 Del. Laws, c. 278, §  5;  54 Del. Laws, c. 359, §  4;  55 Del. Laws, c. 299, §  1;  83 Del. Laws, c. 455, § 5;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 507. Temporary assistance to nonresidents.

§ 507. Temporary assistance to nonresidents.
Any person in need of public assistance while physically present in Delaware, but who lacks residence in this State as defined in this chapter, may be granted assistance subject to the immediate initiation, pursuant to rules and regulations of the Department, of all lawful steps to determine residence elsewhere. Assistance to any such person shall be terminated when any one of the following events first occurs:
(1) Such person moves to some other jurisdiction;
(2) Such person receives public assistance of any kind from some other jurisdiction;
(3) Such person ceases to be a needy person; or
(4) Such person is found to have residence elsewhere.
37 Del. Laws, c. 85, §§  6, 11;  Code 1935, §§  1609, 1614;  41 Del. Laws, c. 124, §  1;  45 Del. Laws, c. 96, §§  1, 3;  46 Del. Laws, c. 314;  31 Del. C. 1953, §  506;  50 Del. Laws, c. 278, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 508. Application for assistance.

§ 508. Application for assistance.
(a) Application for assistance shall be made to the appropriate county office of the Department. The application shall be in writing in the manner and form and giving such information as shall be required by the Department. An opportunity to file an application shall be given any person desiring to do so. The Department shall act on all applications and furnish aid to eligible persons with reasonable promptness.
(b) The information supplied by an applicant in an application for assistance shall be sworn to as being true and correct to the best of the applicant's knowledge, and any employee of the Department accepting such application is hereby given the authority to administer an oath to the applicant in the manner prescribed in Chapter 53 of Title 10, that the information given is true and correct to the best of the knowledge of the applicant.
37 Del. Laws, c. 85, §  8;  Code 1935, §  1611;  31 Del. C. 1953, §  507;  50 Del. Laws, c. 278, §  5;  54 Del. Laws, c. 285;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 509. Continuing eligibility.

§ 509. Continuing eligibility.
All assistance grants made under this chapter shall be reconsidered as frequently as may be required by the rules of the Department to assure continued eligibility. After such further investigation, as the Department may deem necessary, the amount and manner of giving assistance may be changed or the assistance payments shall be terminated if it is found that the recipient's circumstances have altered sufficiently to warrant such action. Assistance payments may at any time be cancelled or revoked or suspended for a temporary period pending further determination if the recipient's eligibility is not clearly established.
37 Del. Laws, c. 85, §  13;  Code 1935, §  511;  31 Del. C. 1953, §  508;  50 Del. Laws, c. 278, §  5;  58 Del. Laws, c. 135, §  2;  64 Del. Laws, c. 148, §  2;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 510. Recipients to report acquisition of resources.

§ 510. Recipients to report acquisition of resources.
If at any time during the period assistance payments are being made to any person, such person becomes possessed of any property, real or personal, or of any income in excess of the amount of such property and income last declared by such person to the Department, such person shall notify the Department promptly concerning the receipt and possession of such property or income and the Department shall, in accordance with rules established by it, reconsider the eligibility of such person to receive such assistance or the amount of assistance to which entitled, according to the circumstances. Any excess paid to any person by reason of such person's failure to report as required by this section shall be recoverable in a civil action against such person or against such person's estate.
37 Del. Laws, c. 85, §  12;  Code 1935, §  1615;  31 Del. C. 1953, §  509;  50 Del. Laws, c. 278, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 511. Responsibility of relatives.

§ 511. Responsibility of relatives.
(a) Nothing contained in this chapter shall be construed to relieve any person from the liability of maintaining and supporting the person's parent or parents or child or spouse, as provided by the laws of this State. However, the provisions of § 501(a) of Title 13 shall not be considered by the Department in determining eligibility for assistance of any applicant or recipient of such assistance, but the Department shall encourage persons to seek and relatives to provide support that will eliminate or reduce the need for public assistance.
(b) Notwithstanding the provisions of this section or any other provision of law, the financial responsibility of an individual for any applicant or recipient of medical care shall be disregarded unless such applicant is such individual's spouse or child who is under the age of 18 years or who is blind or permanently and totally disabled.
31 Del. C. 1953, §  510;  50 Del. Laws, c. 278, §  5;  53 Del. Laws, c. 155;  54 Del. Laws, c. 80;  55 Del. Laws, c. 367, §  8;  59 Del. Laws, c. 48, §  7;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 513. Assistance not assignable; exception.

§ 513. Assistance not assignable; exception.
Assistance granted under this chapter shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment or other legal process or to the operation of any bankruptcy or insolvency law, with the exception that the State shall seek recoupment for overpayments. Such recoupment may not exceed an amount which will result in the assistance unit's retaining from its combined aid, income and liquid resources, less than 90% of the amount payable under the State Plan to a family of the same composition with no other income. Recoupment must be made in accordance with applicable federal laws and regulations. The Department shall publish regulations establishing the recoupment rate at any time when there is a change.
37 Del. Laws, c. 85, §  19;  Code 1935, §  1622;  31 Del. C. 1953, §  512;  50 Del. Laws, c. 278, §  5;  62 Del. Laws, c. 373, §  1;  63 Del. Laws, c. 413, §  1;  66 Del. Laws, c. 286, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 515. Effect of change of laws or allowances.

§ 515. Effect of change of laws or allowances.
Every allowance of assistance under the provisions of this part shall be deemed to have been allowed under and shall be held subject to the provisions of any amending or repealing act that may be passed, and no person receiving assistance under this part shall have any claim for compensation by reason of the allowance for assistance being affected in any way by any such amending or repealing act.
Taxes and assessments for public purposes by the State or any political subdivision thereof, whether county, hundred, city or town, shall be assessed and levied upon the property of aged persons to whom assistance has been allowed under this chapter in the same manner as such taxes and assessments are levied and assessed by law upon the properties of other owners. The time for payment of any taxes or assessments so levied and assessed shall be deferred until such time as the property of such aged person is transferred from the name of such aged person or until such aged person dies, in which event the face amount of the taxes and assessments so levied or assessed, without penalties or interest, shall be payable within 90 days from the date of such transfer or death. After the expiration of such 90-day period there shall be due, with respect to any such property, the same amount or amounts for taxes or assessments as would have been due after the expiration of 90 days from the date the taxes or assessments became due and payable had the property not been owned by an aged person, to whom assistance had been allowed under this chapter. In the event of the sale of any such property under any form of execution process (including sales in any form of insolvency proceeding), such taxes and assessments shall be due and payable as of the date of the offering of such property for sale under such execution process.
37 Del. Laws, c. 85, §  20;  Code 1935, §  1623;  42 Del. Laws, c. 114;  31 Del. C 1953,, §  515;  50 Del. Laws, c. 278, §  5;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 517. Hospital and medical treatment for recipients of aid under this chapter.

§ 517. Hospital and medical treatment for recipients of aid under this chapter.
Notwithstanding any other provision of law, the Levy Court or County Council of any county shall not provide for the hospital treatment and medical care of any individual receiving assistance in any of the categories listed in § 505(1)-(3) of this title or receiving assistance as aid to the blind pursuant to this title.
31 Del. C. 1953, §  517;  53 Del. Laws, c. 432;  54 Del. Laws, c. 359, §  5;  55 Del. Laws, c. 85, §  39A;  55 Del. Laws, c. 367, §  11;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 518. Failure to comply with job placement, education, training, work eligibility, parenting or personal responsibility requirements

§ 518. Failure to comply with job placement, education, training, work eligibility, parenting or personal responsibility requirements
The Department of Health and Social Services may issue and implement rules and regulations establishing sanctions for families receiving Temporary Assistance for Needy Families who fail to comply with work, education, training, work eligibility, parenting or personal responsibility requirements established by the Department pursuant to § 512(1) of this title. Such sanctions may, among other things, reduce assistance to such a family and may include, for a family who has failed to comply with job placement, education, training or work eligibility requirements under the Temporary Assistance for Needy Families program. The Department shall afford recipients due process as provided under applicable rules and regulations prior to the implementation of any such sanctions.
31 Del. C. 1953, §  518;  57 Del. Laws, c. 247;  70 Del. Laws, c. 65, §  20;  81 Del. Laws, c. 367, § 2;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 519. Payment of assistance grants by the Department of Welfare.

§ 519. Payment of assistance grants by the Department of Welfare.
Notwithstanding any other provision of law, the Department of Public Welfare may make payment of assistance grants under the Temporary Assistance for Needy Families program on behalf of certain eligible cases or families directly to the Employment Security Commission, Department of Labor, of this State, with the understanding that such assistance payments so made shall be used to compensate the eligible case or family for employment services rendered through placement of the employable adult or person 16 years of age or older and not in school with a public or private nonprofit agency for the purpose of performing specific duties.
The Employment Security Commission shall maintain accounting controls of such assistance payments made by the Department of Public Welfare and shall refund to the Department of Public Welfare any and all such assistance payments received which may not have been used for the intended purpose, such refunding to be effected within 90 days after such payment is issued.
31 Del. C. 1953, §  519;  57 Del. Laws, c. 252;  81 Del. Laws, c. 367, § 2;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 520. Judicial review.

§ 520. Judicial review.
Any applicant for or recipient of public assistance benefits under this chapter or Chapter 6 of this title against whom an administrative hearing decision has been decided may appeal such decision to the Superior Court if the decision would result in financial harm to the appellant. The appeal shall be filed within 30 days of the day of the final administrative decision. The appeal shall be on the record without a trial de novo. The Court shall decide all relevant questions and all other matters involved, and shall sustain any factual findings of the administrative hearing decision that are supported by substantial evidence on the record as a whole. The Court may remand the matter for further factual findings or other proceedings consistent with the Court's order. The notice of appeal and all other matters regulating the appeal shall be in the form and according to the procedure as shall be provided by the rules of the Superior Court.
64 Del. Laws, c. 482, §  1;  83 Del. Laws, c. 134, § 1;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 521. Emergency and disaster assistance.

§ 521. Emergency and disaster assistance.
Funds appropriated to the Department of Health and Social Services, Division of Social Services, for “Emergency and Disaster Assistance” and used for special emergency needs of any welfare-receiving household (except those households specifically excluded by the regulations) shall not exceed a total of $1,200 for emergency shelter certified by the Department, $450 for mortgage or rent assistance, and $200 for other costs relating to self-sufficiency of the household for any 1 such household in the fiscal year ending June 30. Notwithstanding any other provision of law, the Director of the Office of Management and Budget is empowered to transfer, advance or allocate emergency funds, within the limits of the funds appropriated, to the Department of Health and Social Services for the purpose of administration of emergency assistance. Such transfer, advance or allocation shall not be apportioned by county and shall be allocated in the following manner:
(1) Twenty percent of the total emergency fund appropriation shall be allocated promptly in the first quarter of the state fiscal year;
(2) Twenty-five percent of the total emergency fund appropriation shall be allocated promptly in the second quarter of the state fiscal year;
(3) Thirty percent of the total emergency fund appropriation shall be allocated promptly in the third quarter of the state fiscal year; and
(4) Twenty-five percent of the total emergency fund appropriation shall be allocated promptly in the fourth quarter of the state fiscal year.
65 Del. Laws, c. 87, §  147;  65 Del. Laws, c. 348, §  158;  66 Del. Laws, c. 85, §  179;  69 Del. Laws, c. 57, §§  1, 2;  70 Del. Laws, c. 65, §  21;  71 Del. Laws, c. 284, §  1;  75 Del. Laws, c. 88, §  21(14);
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 522. Medical care; subrogation.

§ 522. Medical care; subrogation.
(a) Subrogation is defined as the doctrine of law which enables insurers to recover payments from any third party who is responsible for an injury. In any claim for benefits by a recipient who receives medical care under this title, where the recipient has a cause of action against any other person, the Department of Health and Social Services shall be subrogated against (substituted for) the recipient to the extent of any payment made by the Department of Health and Social Services on behalf of the recipient receiving medical care, resulting from the occurrence which constituted the basis for the action against the other person.
(b) After the deduction of applicable attorney fees and litigation costs, any funds received by an individual who has received medical care under this title, the individual's attorney or the individual's guardian or personal representative, by means of judgment, award or settlement of the cause of action, shall be held for the benefit of the Department of Health and Social Services to the extent indicated in subsection (a) of this section.
(c) If, after being notified in writing of a subrogation claim and possible liability under this section, a recipient receiving medical care under this title, recipient's attorney or recipient's guardian or personal representative disposes of funds that are required to be held for the benefit of the Department under this section without the written approval of the Department, that recipient shall be liable to the Department for any amount that, as a result of the disposition of the funds, is not recoverable by the Department.
(d) The Department may compromise, settle and release a subrogated claim if the Department determines that collection would result in substantial hardship on the recipient receiving medical care or, in a wrongful death action, on the surviving dependents of the deceased.
65 Del. Laws, c. 124, §  1;  70 Del. Laws, c. 65, §  22;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 523. Education and training for recipients of aid under § 505(1) of this title.

§ 523. Education and training for recipients of aid under § 505(1) of this title.
(a) Persons who qualify for assistance under § 505(1) of this title shall be eligible to participate in secondary education, post-secondary education up to the baccalaureate level, adult basic education or vocational training as an approved work activity provided each of the following requirements are met:
(1) The person does not hold a baccalaureate degree.
(2) The secondary, postsecondary education up to the baccalaureate level or vocational education is pursued through an accredited or approved school program.
(3) The person is enrolled with enough credit hours to have full-time student status and is in good standing as it relates to attendance and achievement as defined by the program the person is attending.
(4) If the person attending school would otherwise be subject to a work requirement in order to receive assistance under § 505(1) of this title, the combination of credit hours and work hours shall equal at least 20 hours per week while the program is in session. This work requirement may be met through work-study, internships or externships, or through work as a research assistant. If possible, during scheduled breaks, the work requirement will be the same as for other program participants, with work experience related to the field of study. However, if the student is enrolled full-time for the next semester and work activity placement cannot be arranged for the duration of the break in classes, it may be excused.
(b) Loans, scholarships, grants and work-study received by the recipient to pay for tuition and materials are excluded in the determination of eligibility for assistance under § 505(1) of this title or the amount of assistance received by the recipient.
(c) The Department of Health and Social Services shall advise all persons of this section at application interviews and, at a minimum, at each recertification appointment.
(d) Persons attending education and training programs under this section shall receive support services, such as assistance with transportation and child care, while they attend the educational or vocational training program on the same basis as support services are provided other persons who are receiving assistance under § 505(1) of this title.
(e) If program completion will occur within 1 semester or quarter after the time limit expires, an extension may be granted for that semester or quarter.
(f) Persons sanctioned while attending educational or vocational programs shall be afforded the same due process as provided other persons under §§ 518 and 520 of this title.
72 Del. Laws, c. 119, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 524. Eligibility for Temporary Assistance for Needy Families.

§ 524. Eligibility for Temporary Assistance for Needy Families.
Pursuant to the option granted the State by 21 U.S.C. § 862a(d)(1), an individual convicted under federal or state law of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the possession, use, or distribution of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for assistance under 42 U.S.C. § 601 et seq. if the individual is otherwise eligible for assistance under the Temporary Assistance for Needy Families (TANF) funded program.
81 Del. Laws, c. 47, § 1;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 527. Coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome.

§ 527. Coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome.
Carriers shall provide coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome, including the use of intravenous immunoglobulin therapy in all health benefit plans delivered or issued for delivery under § 505(3) of this title.
81 Del. Laws, c. 400, § 4;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 528. Coverage for epinephrine autoinjectors.

§ 528. Coverage for epinephrine autoinjectors.
(a) For purposes of this section, “epinephrine autoinjector” means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
(b) Carriers shall provide coverage for medically-necessary epinephrine autoinjectors.
83 Del. Laws, c. 42, § 4;  84 Del. Laws, c. 36, § 4;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 529. Coverage for insulin pumps.

§ 529. Coverage for insulin pumps.
(a) For purposes of this section, “insulin pump” means a small, portable medical device that is approved by the U.S. Food and Drug Administration to provide continuous subcutaneous insulin infusion.
(b) Carriers shall provide coverage for a medically-necessary insulin pump at no cost in all health benefit plans delivered or issued for delivery under § 505(3) of this title.
83 Del. Laws, c. 241, § 4;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 530. Coverage for doula services.

§ 530. Coverage for doula services.
(a) As used in this section:
(1) “Carrier” means any entity that provides health insurance under § 505(3) of this title.
(2) “Doula services” means services provided by a trained doula and designed to provide physical, emotional, and educational support to pregnant and birthing persons before, during, and after childbirth. “Doula services” include the following:
a. Support and assistance during labor and childbirth.
b. Prenatal and postpartum support and education.
c. Breastfeeding assistance and lactation support.
d. Parenting education.
e. Support for a birthing person following loss of pregnancy.
(b) Beginning January 1, 2024, all carriers shall provide coverage of doula services that includes all of the following:
(1) Three prenatal visits, of up to 90 minutes.
(2) Three postpartum visits, of up to 90 minutes.
(3) Attendance through labor and birth.
(c) The Division of Medicaid and Medical Assistance shall establish, in collaboration with stakeholders, a process for doulas to be certified and to enroll as participating providers, as well as a reimbursement rate for doula services that supports a livable annual income for full-time practicing doulas.
83 Del. Laws, c. 366, § 1;  84 Del. Laws, c. 159, § 1;
2023 Delaware Code › Title 31 - Welfare › Chapter 5. STATE PUBLIC ASSISTANCE CODE › § 532. Supplemental and diagnostic breast examinations [For application of this section, see 84 Del. Laws, c. 121, § 5].

§ 532. Supplemental and diagnostic breast examinations [For application of this section, see 84 Del. Laws, c. 121, § 5].
(a) As used in this section:
(1) “Breast magnetic resonance imaging” or “breast MRI” means a diagnostic tool, including standard and abbreviated breast MRI, that uses radio waves and magnets to produce detailed images of structures within the breast. A breast MRI may be used as a screening tool when clinically indicated, including after indeterminant results from a mammogram that requires additional evaluation and for those at high risk for breast cancer.
(2) “Breast ultrasound” means a noninvasive diagnostic tool that uses high-frequency sound waves and their echoes to produce detailed images of structures within the breast. A breast ultrasound may be used as a screening tool when clinically indicated, including after indeterminant results from a mammogram that requires additional evaluation and for those at high risk for breast cancer.
(3) “Carrier” means any entity that provides health insurance under § 505(3) of this title.
(4) “Cost-sharing requirement” means a deductible, coinsurance, or copayment and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
(5) “Diagnostic breast examination” means a medically-necessary and clinically-appropriate examination of the breast, including such examination using breast MRI, breast ultrasound, or mammogram, that is used for either of the following:
a. To evaluate an abnormality seen or suspected from a screening examination for breast cancer.
b. To evaluate an abnormality detected by another means of examination.
(6) “Mammogram” means a diagnostic or screening mammography exam using a low-dose X-ray to produce an image of the breast.
(7) “Supplemental breast screening examination” means a medically-necessary and clinically-appropriate examination of the breast, including such examination using breast MRI, breast ultrasound, or mammogram, that is used for either of the following:
a. To screen for breast cancer when there is no abnormality seen or suspected in the breast.
b. Based on personal or family medical history or additional factors that may increase the individual's risk of breast cancer.
(b) All carriers shall provide coverage for diagnostic breast examinations and supplemental breast screening examinations. The terms of such coverage, including cost-sharing requirements, shall be no less favorable than the cost-sharing requirements applicable to screening mammography for breast cancer.
84 Del. Laws, c. 121, § 4;
2023 Delaware Code › Title 31 - Welfare › Chapter 6. FOOD STAMP PROGRAM › Subchapter I. General Provisions › § 601. Department of Health and Social Services responsible for administration of program.

§ 601. Department of Health and Social Services responsible for administration of program.
(a) The Department shall bear the responsibility of administering the food stamp program for the State in compliance with the provisions of the Federal Food Stamp Act of 1964 [7 U.S.C. §§ 2011 et seq.], as amended.
(b) The Secretary of the Department shall designate 1 staff member of the Secretary's Department to be the food stamp program administrator.
(c) The designated food stamp administrator shall, within 30 days of the administrator's appointment and after consultation with the United States Department of Agriculture, Food and Nutrition Service, submit a Delaware plan to the aforesaid United States Department for necessary approval. At the same time such plan shall be submitted to the sponsor, cosponsor and joint sponsors of this chapter, to the Secretary of the Department and to the Governor.
(d) The plan shall encompass the following areas:
(1) Statement of compliance with federal regulations;
(2) Proposed certification process;
(3) Proposed locations for food stamp distribution; and
(4) Explanation of all practices not mandated by federal regulations.
31 Del. C. 1953, §  601;  59 Del. Laws, c. 67, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 6. FOOD STAMP PROGRAM › Subchapter I. General Provisions › § 602. Federal responsibilities for food stamp program.

§ 602. Federal responsibilities for food stamp program.
The United States Department of Agriculture, through its Food and Nutrition Service, shall be responsible for:
(1) Program regulations and guidelines;
(2) Approval of grocer participation;
(3) Cost of printing and shipping coupons; and
(4) Partial cost of certification of program recipients.
31 Del. C. 1953, §  602;  59 Del. Laws, c. 67, §  2;
2023 Delaware Code › Title 31 - Welfare › Chapter 6. FOOD STAMP PROGRAM › Subchapter I. General Provisions › § 603. State responsibilities for food stamp program.

§ 603. State responsibilities for food stamp program.
The State, through the Department of Health and Social Services, shall budget and/or administer the following facets of the food stamp program:
(1) File plan of operation for USDA approval;
(2) Certify applicant, individuals and households;
(3) Accept, store and protect coupons after delivery to receiving points within the State;
(4) Provide for issuance of food stamps after certification of applicants; such methods and/or places of issuance may include United States Postal Service, county offices or branches of the Department of Health and Social Services, federal credit unions in this State, and any bank in the State;
(5) Control and account for stamps;
(6) Promulgate an outreach program for potentially eligible households or individuals;
(7) Cooperate with other state agencies, federal agencies or private agencies in nutritional education efforts.
(8) Develop and implement, to the extent permitted by applicable federal law, eligibility requirements and sanctions for the violation thereof for recipients of food stamps who are also recipients of assistance under the Temporary Assistance for Needy Families program, which are consistent with the eligibility requirements and sanctions established by the Department pursuant to §§  503(d) and 512(1) of this title.
31 Del. C. 1953, §  603;  59 Del. Laws, c. 67, §  2;  59 Del. Laws, c. 233, §  1;  60 Del. Laws, c. 80, §  1;  70 Del. Laws, c. 65, §  23;  81 Del. Laws, c. 367, § 2;
2023 Delaware Code › Title 31 - Welfare › Chapter 6. FOOD STAMP PROGRAM › Subchapter I. General Provisions › § 605. Eligibility for Food Stamp Program.

§ 605. Eligibility for Food Stamp Program.
Pursuant to the option granted the State by 21 U.S.C. § 862a(d)(1), an individual convicted under federal or state law of a felony involving possession, distribution or use of a controlled substance shall be exempt from the prohibition contained in 21 U.S.C. § 862a(a) against eligibility for food stamp program benefits for such convictions.
74 Del. Laws, c. 177, §  1;  78 Del. Laws, c. 54, §  1;
2023 Delaware Code › Title 31 - Welfare › Chapter 6. FOOD STAMP PROGRAM › Subchapter II. Food Stamp Trafficking Control Act › § 610. Unauthorized use, transfer, acquisition, alteration or possession of food stamp coupons, Authorization to Participate Vouchers (ATPS), or access devices; penalties; disqualification from the food stamp program; forfeiture.

§ 610. Unauthorized use, transfer, acquisition, alteration or possession of food stamp coupons, Authorization to Participate Vouchers (ATPS), or access devices; penalties; disqualification from the food stamp program; forfeiture.
(a) Whoever knowingly uses, transfers, acquires, alters or possesses food stamp coupons, authorization cards, ATPs or access devices in any manner not authorized by the federal Food Stamp Act (7 U.S.C. § 2011 et seq.) or regulations issued pursuant to the Food Stamp Act; or who presents for payment or redemption coupons that have been illegally received, transferred, altered or used shall:
(1) If such food stamp coupons, authorization cards or ATPs are of a value of $500 or more or the item used, transferred, acquired, altered or possessed is an access device that has a value of $500 or more, be guilty of a class E felony.
(2) If such coupons, authorization cards or ATPs are of a value of less than $500 or if the item used, transferred, acquired, altered or possessed is an access device that has a value of less than $500, be guilty of a class A misdemeanor.
(3) In any prosecution under this section where there is a finding that the proceeds of the trafficking involves firearms ammunition, explosives or controlled substances as defined under 21 U.S.C. § 802 be guilty of a class B felony.
(b) In addition to the penalties set forth in subsection (a) of this section, any person convicted of a felony or misdemeanor under this section may be suspended by the court from participation in the food stamp program for an additional period of up to 18 months consecutive to that period of suspension mandated by the federal Food Stamp Act pursuant to 7 U.S.C. § 2015(b)(1).
68 Del. Laws, c. 386, §  2;
2023 Delaware Code › Title 31 - Welfare › Chapter 6. FOOD STAMP PROGRAM › Subchapter II. Food Stamp Trafficking Control Act › § 611. Forfeiture of property involved in illegal food stamp transactions.

§ 611. Forfeiture of property involved in illegal food stamp transactions.
(a) The Secretary of the Department of Health and Social Services or the Secretary's designee may subject to forfeiture and denial of property rights any nonfood items, moneys, negotiable instruments, securities or other things of value that are furnished or intended to be furnished by any person in exchange for coupons, authorization cards, ATPs or anything of value obtained by the use of an access device, in any manner not authorized by the federal Food Stamp Act [7 U.S.C. § 2011 et seq.] or regulations issued pursuant to the Food Stamp Act.
(b) Any forfeiture and disposal of property under this section shall be conducted in accordance with procedures contained in regulations issued by the Secretary of the Department of Health and Social Services. Property forfeited under this section may be utilized by the Welfare Fraud Unit until such time as the forfeited property may be liquidated.
(c) Value received for liquidated property shall be appropriated to the Welfare Fraud Unit for its use at the discretion of the Secretary of the Department of Health and Social Services or the Secretary's designee.
68 Del. Laws, c. 386, §  2;  70 Del. Laws, c. 186, §  1;