Title 31 — Welfare
34 chapters · 333 sections in this title.
31 Del. C. § 3901. Legislative intent.
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§ 3901. Legislative intent. The General Assembly recognizes that many adult citizens of this State are subject to psychological or physical injury or exploitation because of physical or mental disability, impairment, illness or condition, or other causes which render them incapab…
31 Del. C. § 3902. Definitions.
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§ 3902. Definitions. As used in this chapter: (1) “Abuse” means any of the following: a. Physical abuse by unnecessarily inflicting pain or injury on an adult who is impaired or an adult who is incapacitated. b. A pattern of emotional abuse of an adult who is impaired or an adult…
31 Del. C. § 3903. Establishment of protective services system.
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§ 3903. Establishment of protective services system. (a) The Secretary shall promulgate rules and regulations for the operation of the adult protective services program. (b) The Department shall provide protective services according to the regulations promulgated by the Secretary…
31 Del. C. § 3904. Provision of protective services; costs.
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§ 3904. Provision of protective services; costs. (a), (b) [Repealed.] (c) Adult Protective Services shall do all of the following: (1) Inform and educate the citizens of the State on the needs of alleged victims and the services available to them. (2) Accept and process each refe…
31 Del. C. § 3905. Voluntary protective services.
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§ 3905. Voluntary protective services. (a) A qualified individual may receive protective services, if the individual requests or affirmatively consents to receive the services. If the individual withdraws or refuses consent, the Department may not provide the services unless by C…
31 Del. C. § 3906. Involuntary protective services.
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§ 3906. Involuntary protective services. If an individual lacks the capacity to consent to receive protective services, services may be provided by 1 or more of the following ways: (1) A police officer, on probable cause of death or immediate and irreparable physical injury, unde…
31 Del. C. § 3907. Probable cause of death or immediate and irreparable physical injury.
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§ 3907. Probable cause of death or immediate and irreparable physical injury. (a) If probable cause exists to make a peace officer believe that an individual will suffer immediate and irreparable physical injury or death if not immediately placed in a health care facility or othe…
31 Del. C. § 3908. Emergency petition and order for protective services.
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§ 3908. Emergency petition and order for protective services. (a) Upon petition by the Public Guardian or Adult Protective Services, the Court may issue an order authorizing the provision of protective services on an emergency basis to an individual after finding on the record an…
31 Del. C. § 3909. Hearing on petition.
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§ 3909. Hearing on petition. (a) The hearing on a petition for involuntary protective services must be held under all of the following conditions: (1) An individual needing protective services must be present unless the individual has knowingly and voluntarily waived the right to…
31 Del. C. § 3910. Duty to report.
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§ 3910. Duty to report. (a) (1) A person, including a health-care professional as defined under § 701 of Title 16, having reasonable cause to believe that an adult who is impaired or an adult who is incapacitated and is in need of protective services shall report the information …
31 Del. C. § 3911. Adult under treatment by spiritual means not abused, mistreated, neglected, impaired, incapacitated, or in need of protective services.
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§ 3911. Adult under treatment by spiritual means not abused, mistreated, neglected, impaired, incapacitated, or in need of protective services. This chapter may not be construed to mean any of the following: (1) An adult is abused, mistreated, neglected, impaired, incapacitated, …
31 Del. C. § 3912. Confidentiality of records.
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§ 3912. Confidentiality of records. (a) (1) Records and information in the possession of the Department or anyone providing service to an alleged victim and the alleged victim’s relatives is deemed confidential, and may be disclosed only under the following conditions: a. Under a…
31 Del. C. § 3913. Violations.
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§ 3913. Violations. (a) A person who knowingly or recklessly abuses, neglects, exploits, or mistreats an adult who is impaired is guilty of a class A misdemeanor. (b) A person who knowingly or recklessly exploits an adult who is impaired or an adult who is incapacitated by using …