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Delaware Statutes, Title 31

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Delaware/Statutes

← All Delaware coverage

Title 31, Welfare

34 chapters · 493 sections in this title.

All chapters in Title 31493 Ch 3, CHILD WELFARE53 Ch 5, State Public Assistance Code43 Ch 45, Slum Clearance and Redevelopment Aut…43 Ch 40, THE DELAWARE STATE HOUSING AUTHORITY42 Ch 41, DELAWARE STATE HOUSING CODE35 Ch 38, Child Placement Review Act [Repealed].24 Ch 43, Housing Authority24 Ch 47, The Delaware Neighborhood Conservati…19 Ch 23, Aid to Persons with Blindness18 Ch 21, Division for the Visually Impaired17 Ch 1, Department of Health and Social Services15 Ch 36, Court-Appointed Special Advocate Pro…13 Ch 39, Adult Protective Services13 Ch 51, Services for Justice-Involved Youth13

493 sections·Filtered byTitle 31✕

31 Del. C. § 3819. Intervention as a party in an action [Repealed].
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§ 3819. Intervention as a party in an action [Repealed].72 Del. Laws, c. 338, § 1; 74 Del. Laws, c. 107, § 2; repealed by 81 Del. Laws, c. 208, § 48, effective July 1, 2018.;
31 Del. C. § 3820. Petition for judicial review [Repealed].
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§ 3820. Petition for judicial review [Repealed].62 Del. Laws, c. 170, § 1; 64 Del. Laws, c. 47, § 1; 71 Del. Laws, c. 296, § 16; 72 Del. Laws, c. 338, § 1; repealed by 81 Del. Laws, c. 280, § 48, effective July 1, 2018.;
31 Del. C. § 3821. Construction of chapter [Repealed].
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§ 3821. Construction of chapter [Repealed].62 Del. Laws, c. 170, § 1; 64 Del. Laws, c. 47, § 1; 71 Del. Laws, c. 296, § 17; 72 Del. Laws, c. 338, § 1; repealed by 81 Del. Laws, c. 280, § 48, effective July 1, 2018.;
31 Del. C. § 3822. Conflict with existing laws [Repealed].
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§ 3822. Conflict with existing laws [Repealed].62 Del. Laws, c. 170, § 1; 64 Del. Laws, c. 47, § 1; 71 Del. Laws, c. 296, § 17; 72 Del. Laws, c. 338, § 1; repealed by 81 Del. Laws, c. 280, § 48, effective July 1, 2018.;

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31 Del. C. § 3823. Continuation of service by present Foster Care Review Board members [Repealed].

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§ 3823. Continuation of service by present Foster Care Review Board members [Repealed].64 Del. Laws, c. 47, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 296, § 17; repealed by 80 Del. Laws, c. 319, § 1, effective July 19, 2016; repealed by 81 Del. Laws, c. 280, § 48, effectiv…

31 Del. C. § 3824. Child Placement Review Board notification [Repealed].

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§ 3824. Child Placement Review Board notification [Repealed].76 Del. Laws, c. 280, § 221; repealed by 81 Del. Laws, c. 280, § 48, effective July 1, 2018.;

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 …

31 Del. C. § 4001. Definitions.

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§ 4001. Definitions. As used in this chapter, unless a different meaning appears from the context: (1) “Area” means the State. (2) “Authority” means a public body corporate or politic, organized in accordance with Chapter 43 or 45 of this title for a purpose, with the powers and …

31 Del. C. § 4002. Purpose.

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§ 4002. Purpose. (a) It is the purpose of this chapter that DSHA have the authority and capacity to: (1) Efficiently provide, and to assist others to provide, quality affordable housing opportunities and appropriate supportive services to responsible low- and moderate-income Dela…

31 Del. C. § 4003. Housing Director.

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§ 4003. Housing Director. The administrator and head of DSHA shall be the Housing Director as provided in Chapter 86 of Title 29.71 Del. Laws, c. 357, § 6;

31 Del. C. § 4004. Powers and duties of the Housing Director.

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§ 4004. Powers and duties of the Housing Director. (a) The Housing Director is responsible for the fulfillment of the purposes outlined in § 4002 of this title. (b) The Housing Director shall: (1) Employ, in the Housing Director’s discretion, planning, architectural and engineeri…

31 Del. C. § 4005. Additional powers of Housing Director.

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§ 4005. Additional powers of Housing Director. Whenever the Housing Director determines that the purposes of this chapter and Chapter 43 of this title, will be better accomplished by a revision of the area of operations of any authority or by the consolidation of 2 or more author…

31 Del. C. § 4010. Creation.

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§ 4010. Creation. In accordance with Chapter 86 of Title 29, there is created in the Executive Department a public corporation of perpetual duration to be called the “Delaware State Housing Authority,” hereinafter referred to as “DSHA.” Chapter 43 of this title shall apply to DSH…

31 Del. C. § 4011. DSHA to contract for labor or materials.

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§ 4011. DSHA to contract for labor or materials. DSHA shall contract for labor or materials (except labor or materials used in the maintenance or operation of projects) pursuant to the manner prescribed in Chapter 69 of Title 29, for departments and other agencies of the state go…

31 Del. C. § 4012. Seal of DSHA.

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§ 4012. Seal of DSHA. DSHA shall have a corporate seal in the form of a circle bearing the arms of the State in the center and the name of DSHA in the border. All deeds, contracts or other obligations, certificates or other instruments executed, including bonds which are provided…

31 Del. C. § 4013. Powers of DSHA.

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§ 4013. Powers of DSHA. In addition to its other powers, DSHA is hereby granted, has and may exercise all powers necessary or appropriate to carry out and effectuate its corporate purposes, including, without limitation, the following: (1) To sue and be sued in its own name; (2) …

31 Del. C. § 4014. Liberal construction.

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§ 4014. Liberal construction. Neither this chapter nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which DSHA might otherwise have under any laws of this State, and this chapter is cumulative to any such powers. This chapter s…

31 Del. C. § 4015. Audit of books and accounts.

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§ 4015. Audit of books and accounts. The office of Auditor of Accounts shall cause an annual audit of the books and accounts of DSHA. The selection of the firm to perform the annual audit of the books and accounts of DSHA shall be mutually agreed upon by the office of the Auditor…

31 Del. C. § 4016. Bonds.

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§ 4016. Bonds. (a) DSHA may, with the approval of the issuing officer and subject to the authorization (if any) required by § 7402 of Title 29, issue bonds (including refunding bonds for the purpose of paying or retiring bonds previously issued by DSHA) from time to time in such …

31 Del. C. § 4017. Forms and terms of bonds; disposition of proceeds.

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§ 4017. Forms and terms of bonds; disposition of proceeds. (a) All bonds issued under the authority of this chapter shall be dated, shall bear interest at such rate or rates payable semiannually or at such other time or times as shall be determined by resolution of DSHA, and shal…

31 Del. C. § 4018. Bonds as legal investments for institutions and fiduciaries and as legal deposit.

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§ 4018. Bonds as legal investments for institutions and fiduciaries and as legal deposit. The bonds issued under the authority of this chapter are declared to be securities in which all state and municipal officers and administrative departments, boards and commissions of the Sta…

31 Del. C. § 4019. Credit of State not pledged.

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§ 4019. Credit of State not pledged. (a) Bonds issued under this chapter shall be payable exclusively from the revenues and other funds of DSHA and shall contain the following statement on their face: “The State of Delaware is not obligated to pay the principal of this bond nor t…

31 Del. C. § 4020. Capital Reserve Fund.

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§ 4020. Capital Reserve Fund. (a) DSHA shall create and establish a special fund to secure the bonds, herein referred to as Capital Reserve Fund, and shall pay into the Capital Reserve Fund: (1) Any moneys appropriated and made available by the State for the purposes of such fund…

31 Del. C. § 4021. Provisions of bonds and mortgages.

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§ 4021. Provisions of bonds and mortgages. In connection with the issuance of bonds or the incurring of any obligation under a lease and to secure the payment of such bonds or obligations, DSHA in addition to its other powers may: (1) Pledge all or any part of its rents, fees or …

31 Del. C. § 4022. Trust indenture.

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§ 4022. Trust indenture. (a) At the discretion of the issuing officer each and any issue of such bonds may be secured by a trust indenture by and between the issuing officer and a corporate trustee, which may be any trust company or bank having the powers of a trust company withi…

31 Del. C. § 4023. Remedies of bondholders and trustees.

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§ 4023. Remedies of bondholders and trustees. (a) Any holder of bonds issued under this chapter or any of the coupons attached thereto, and the trustee under the trust indenture, if any, except to the extent the rights given by this chapter may be restricted by resolution passed …

31 Del. C. § 4024. Moneys as trust funds.

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§ 4024. Moneys as trust funds. All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or grants or other contributions from any person corporate or otherwise, or government, or as fees and revenues shall be deemed to be trust fun…

31 Del. C. § 4025. Subordination of mortgage to agreement with government.

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§ 4025. Subordination of mortgage to agreement with government. DSHA may agree in any mortgage made by it that such mortgage shall be subordinate to a contract for the supervision by a government of the operation and maintenance of the mortgaged property and the construction of i…

31 Del. C. § 4026. Powers relative to purchase of and sale to financial institutions of mortgage loans; loans to mortgage lenders.

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§ 4026. Powers relative to purchase of and sale to financial institutions of mortgage loans; loans to mortgage lenders. DSHA shall have all the powers necessary or convenient to carry out and effectuate the purposes of this chapter, including the following powers in addition to o…

31 Del. C. § 4027. Terms and conditions of the purchase and sale to financial institutions of mortgage loans; loans to mortgage lenders.

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§ 4027. Terms and conditions of the purchase and sale to financial institutions of mortgage loans; loans to mortgage lenders. (a) DSHA shall from time to time adopt, modify, amend or repeal rules and regulations governing the making of such loans to mortgage lenders and the appli…

31 Del. C. § 4028. Notification of application for Low Income Housing Tax Credit Program.

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§ 4028. Notification of application for Low Income Housing Tax Credit Program. (a) Whenever a Low Income Housing Tax Credit Program application is submitted to the Delaware State Housing Authority, the Housing Director shall notify by certified and regular mail any state senators…

31 Del. C. § 4029. Korey Thompson Student Emergency Housing Assistance Fund.

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§ 4029. Korey Thompson Student Emergency Housing Assistance Fund. (a) There is established the Korey Thompson Student Emergency Housing Assistance Fund for the benefit of college and university students experiencing homelessness or housing insecurity, referred to in this section …

31 Del. C. § 4030. Housing Development Fund.

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§ 4030. Housing Development Fund. (a) The “Housing Development Fund” shall be administered by the Housing Director as a revolving fund for carrying out the purposes of this chapter. DHSA shall report to the General Assembly on an annual basis any private contributions by gift or …

31 Del. C. § 4031. Powers relative to making mortgage loans and temporary construction loans to housing sponsors and persons and families of low- and moderate-income.

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§ 4031. Powers relative to making mortgage loans and temporary construction loans to housing sponsors and persons and families of low- and moderate-income. (a) DSHA shall have all the powers necessary or convenient to carry out and effectuate the purpose and provisions of this ch…

31 Del. C. § 4032. Power to supervise housing sponsors.

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§ 4032. Power to supervise housing sponsors. DSHA shall have the power to supervise housing sponsors, including limited profit housing sponsors and their real and personal property, in the following respects: (1) DSHA may prescribe uniform systems of accounts and records for hous…

31 Del. C. § 4033. Loan terms and conditions.

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§ 4033. Loan terms and conditions. Loans made by DSHA shall be subject to the following terms and conditions: (1) No application for a loan for a housing development shall be processed unless the applicant is a housing sponsor as defined in § 4001 of this title. (2) The ratio of …

31 Del. C. § 4034. Procedure prior to financing of housing developments undertaken by housing sponsors.

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§ 4034. Procedure prior to financing of housing developments undertaken by housing sponsors. Notwithstanding any other provisions of this chapter, DSHA is not empowered to finance any housing development undertaken by a housing sponsor pursuant to §§ 4031, 4032 and 4033 of this t…

31 Del. C. § 4035. Housing Repair and Modification Fund.

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§ 4035. Housing Repair and Modification Fund. (a) As used in this section, (1) “Low income” means a household making less than 80% of the area median income. (2) “Very low income” means a household making less than 50 % of area median income. (b) The Housing Repair and Modificati…