Title 16, Health and Safety

§ 2205A. Zoning. (a) Notwithstanding provisions under Title 9 or Title 22, or any other law, ordinance, or rule to the contrary, a zoning ordinance adopted by a county or municipality must construe a certified recovery house to be a permitted single-family residential use of a pr…

§ 2206A. Certified recovery housing admission agreements; termination. (a) A certified recovery house’s admission agreement must include the house’s termination and relapse policies. (b) An individual must agree to the terms of a certified recovery house’s admission agreement and…

§ 2207A. Records. (a) Records related to a resident maintained under this chapter are not public records as defined in Chapter 100 of Title 29. (b) Records related to a certified recovery house, or the certifying organization maintained under this chapter, are not public records …

§ 2208A. Limitations on referrals. (a) Except as otherwise provided under subsection (b) of this section, a Delaware state agency, Delaware state court, or an entity having a contract with the State must not refer an individual to a recovery house. (b) An agency, court, or entity…

§ 2209A. Data collection; environmental scan and needs assessment. (a) The Division must require certified recovery house operators to collect and report data to assess the effectiveness of recovery houses. (b) Subject to subsection (c) of this section, the Division shall conduct…

§ 2210A. Annual report. (a) The Division shall analyze data collected under this chapter and issue a report at least annually. (b) The Division shall provide a copy of the report issued under subsection (a) of this section to all of the following: (1) The Governor. (2) The Secret…

§ 2211A. Immunity. (a) Except as otherwise provided under subsection (b) of this section, a person who makes a complaint under the chapter in good faith is not liable in a civil or criminal action because of the complaint. (b) Subsection (a) of this section does not apply to a pe…

§ 2212A. Prohibition against retaliation. It is unlawful to knowingly retaliate against a person who makes a complaint under this chapter. Violation of this section is a civil violation subject to a minimum fine of $1,000 and a maximum fine of $5,000.84 Del. Laws, c. 131, § 1;

§ 2213A. Misrepresentation of certification. (a) Unless certified under this chapter, it is unlawful for an operator to advertise, imply, or represent that a recovery house is certified. Violation of this subsection is a civil violation punishable by a fine of no more than $ 20,0…

§ 2214A. Access to funding. (a) Except for certified recovery houses, Oxford Houses, or recovery houses authorized by the Division, it is unlawful for a recovery house to accept state or local funding. Violation of this subsection is a civil violation punishable by a fine of no m…

§ 2215A. Disposition of money collected from fines and penalties. Whenever a court assesses a fine or penalty on a defendant for a violation of this chapter, after collecting the fine, the fine must be transmitted to the prothonotary or clerk of court and credited to the Fund.84 …

§ 2216A. Certified Recovery House Fund. (a) A special fund, known as the “Certified Recovery House Fund,” is created to support the implementation of this chapter. (b) The following receipts shall be credited to the Fund: (1) Money received under § 2215A of this title. (2) Grants…

§ 2217A. Disbursements from the Fund. (a) No disbursements from the Fund shall be made unless authorized by the Director. (b) Disbursements from the Fund are permitted only for the following authorized uses: (1) To provide training and technical assistance for recovery residence …