Title 16, Health and Safety

§ 3073F. Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; hearing procedures. (a) An animal welfare officer shall seize and impound a dog suspected of being dangerous or potentially dangerous when the officer has reasonable cause to b…

§ 3074F. Exceptions. (a) Notwithstanding any provision of this chapter, no dog may be considered dangerous or potentially dangerous if a physical injury or serious physical injury was sustained by any of the following: (1) A human being who, at the time the injury was sustained, …

§ 3075F. Hearing procedures; appeal [Repealed].77 Del. Laws, c. 428, § 8; 70 Del. Laws, c. 186, § 1; repealed by 80 Del. Laws, c. 248, § 6, eff. May 25, 2016.;

§ 3076F. Finding to declare a dog dangerous; duties of dog owner [For application of this section, see 84 Del. Laws, c. 390, § 13]. (a) The Justice of the Peace Court may declare a dog to be dangerous if it finds by clear and convincing evidence that the dog has done any of the f…

§ 3077F. Finding to declare a dog potentially dangerous; duties of owner [For application of this section, see 84 Del. Laws, c. 390, § 13]. (a) The Justice of the Peace Court may declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog h…

§ 3078F. Liability of owner for costs of impoundment. If the Justice of the Peace Court declares a dog dangerous or potentially dangerous, the Court shall include in its judgment the costs associated with the care of the dog while in the Department’s custody. Prior to reclaiming …

§ 3079F. Violations by owners of dangerous or potentially dangerous dogs; penalties. (a) Possessing a dangerous dog in violation of § 3076F(b) of this title or a potentially dangerous dog in violation of § 3077F(c) of this title is punishable as follows: (1) For a first violation…

§ 3080F. Finding to declare a dog nondangerous. If the Department fails to demonstrate by clear and convincing evidence that a dog is dangerous pursuant to § 3076F of this title or potentially dangerous pursuant to § 3077F of this title, the Justice of the Peace Court shall decla…

§ 3081F. Disposition of dogs determined to be dangerous or potentially dangerous or nondangerous; appeal. (a) If the Justice of the Peace Court determines that a dog is dangerous, the Court may direct the Department to dispose of the dog by euthanasia in accordance with subchapte…

§ 3090F. Purpose. The purpose of this subchapter is to ensure that healthy cats and dogs that are no longer needed for research, education, testing, or other scientific purposes are made available for adoption instead of euthanized and to create a process for adoption through agr…

§ 3091F. Definitions [Effective until Jan. 1, 2027]. For purposes of this subchapter: (1) “Animal rescue organization” means any nonprofit organization whose purpose is rescuing animals that are unwanted, abandoned, abused, or stray and finding permanent, adoptive homes for the a…

§ 3092F. Adoption of cats and dogs used in research, education, or testing. (a) When a research facility that confines and uses dogs and cats for research, education, testing, or other scientific purposes no longer needs a cat or dog that does not pose a health or safety risk to …

§ 3095F. Definitions [For application of this section, see 85 Del. Laws, c. 152, § 2]. For purposes of this subchapter: (1) “Department” means any of the following: a. Department of Correction. b. Department of Safety and Homeland Security for the State Police and Capitol Police.…

§ 3096F. Veterinary care for retired law-enforcement canines [For application of this section, see 84 Del. Laws, c. 164, § 2; 84 Del. Laws, c. 495, § 2; 85 Del. Laws, c. 152, § 2]. (a) [Repealed.] (b) (1) The “Department,” as defined in § 3095F(1)a., b., c., or d. of this title, …

§ 3097F. Veterinary care and farrier services for retired law-enforcement horses [For application of this section, see 85 Del. Laws, c. 152, § 2]. (a) The “Department,” as defined in § 3095F(1)a., b., c., or d. of this title, that a retired law-enforcement horse assisted shall re…

§ 3101. Definitions [For application of this section, see 84 Del. Laws, c. 261, § 16] [Effective until Dec. 6, 2026]. For purposes of this chapter: (1) “Dead body” means a lifeless human body or such parts of such human body from the condition of which it reasonably may be conclu…

§ 3102. Supervision and enforcement of registrations. (a) The Department has charge of the registration of births, deaths, marriages, divorces and fetal deaths and shall prepare the necessary methods, forms and blanks for obtaining and preserving such records and insuring the fai…

§ 3103. Regulations of Department; adoption and enforcement. The Department may adopt, promulgate, amend and repeal such regulations as may be consistent with law relative to this chapter, including regulations governing the conditions under which the bodies of persons dying from…

§ 3104. Central Office of Vital Statistics. (a) There is hereby established within the Division of Public Health an Office of Vital Statistics which shall install, maintain and operate the only system of vital statistics throughout this State. (b) The Office of Vital Statistics s…

§ 3105. State Registrar of Vital Statistics; duties [Effective until Dec. 6, 2026]. (a) The Director of the Division of Public Health of the Department of Health and Social Services shall be the State Registrar and shall: (1) Direct and supervise the system of vital statistics an…

§ 3106. Employment of personnel and acquisition of equipment. The Division of Public Health shall provide the Office of Vital Statistics with sufficient staff, suitable offices and other resources for the proper administration of the system of vital statistics and for the preserv…

§ 3107. Reproduction of vital records; official seal for certification. (a) To preserve vital records, the State Registrar is authorized to prepare typewritten, photographic, electronic or other reproductions of certificates or reports in the Office of Vital Statistics. Such repr…

§ 3108. Form of certificates and reports. (a) In order to promote and maintain nationwide uniformity in the system of vital statistics, the forms of certificates and reports required by this chapter, or by regulations adopted hereunder, shall include as a minimum the items recomm…

§ 3109. Completion of certificates and reports. (a) Those individuals and/or institutions responsible for completion of certificates or reports according to this chapter or regulations adopted hereunder shall complete all items on the forms provided by the State Registrar. The St…

§ 3110. Disclosure of records. (a) To protect the integrity of vital records, to ensure their proper use and to ensure the efficient and proper administration of the system of vital statistics, the records and files of the Office of Vital Statistics shall be considered confidenti…

§ 3111. Penalties. (a) A fine of not more than $10,000, or imprisonment of not more than 5 years, or both, shall be imposed on: (1) Any individual who wilfully and knowingly makes any false statement in a certificate, record or report required by this chapter, or in an applicatio…

§ 3112. Immunity. No employee of the Office of Vital Statistics or other state offices established or designated under § 3105(b) of this title shall be subject to, and such persons shall be immune from any claim, suit, liability or damages or any other recourse, civil or criminal…

§ 3121. Registration of births [Effective until Dec. 6, 2026]. (a) A certificate of birth for each live birth which occurs in this State shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within 10 days after such birth and shall …

§ 3121A. Certificate of birth resulting in stillbirth. (a) The State Registrar of Vital Statistics shall issue a certificate of birth resulting in stillbirth upon the request of and payment of a fee by either parent of the stillborn child or any other individual with a direct int…

§ 3122. Infants of unknown parentage; foundling registration. (a) When the State assumes the custody of a live born infant of unknown parentage, an officer of the Department of Services for Children, Youth and Their Families shall report on a form and in a manner prescribed by th…

§ 3123. Registration of death [For application of this section, see 85 Del. Laws, c. 253, § 23] [Effective until fulfillment of the contingency in 85 Del. Laws, c. 459, § 4]. (a) A certificate of death for each death which occurs in this State shall be filed with the Office of Vi…

§ 3124. Registration of spontaneous fetal death. Each spontaneous fetal death of 350 grams or more, or in the absence of weight, of 20 completed weeks of gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, which occurs in th…

§ 3125. Registration of marriage. (a) A record of each marriage performed in this State shall be filed with the Office of Vital Statistics and shall be registered if it has been completed and filed in accordance with this section. (b) The official who issues the marriage license …

§ 3126. Registration of adoptions; duty of clerk of court; old and new birth certificates. (a) Upon the issuance of a final decree of adoption or of an order certifying the validity of a foreign adoption, the clerk of the court in which the decree of adoption was made, or filed i…

§ 3127. Acknowledgment or establishment of paternity [Effective until Dec. 6, 2026]. In cases of acknowledgment or establishment of paternity, the State Registrar, upon receipt of a court order, an administrative order or a properly executed acknowledgment of paternity, executed …

§ 3128. Divorce or annulment registration for statistical purposes. (a) A record of each divorce or annulment granted by the Family Court in this State shall be filed by that court with the Office of Vital Statistics and shall be registered if it has been completed and filed in a…

§ 3129. Registration of birth, death, marriage, divorce or fetal death where registration neglected or omitted. Notwithstanding any other provisions of this chapter, the State Registrar, on the production of evidence satisfactory to the State Registrar relative to a birth, death,…

§ 3130. Certificates as evidence. Certificates filed within 6 months after the time prescribed therefor shall be prima facie evidence of the facts therein stated. Data therein pertaining to the father of the child are prima facie evidence only if the alleged father is the husband…

§ 3131. Delayed or amended certificates; procedures; evidence. (a) A person born in this State may file or amend a certificate of birth after the time prescribed by this chapter upon submitting such evidence relative to the circumstances surrounding the birth as may be required b…

§ 3132. Fee for issuance of certificates and searches. (a) The State Registrar shall receive a fee not to exceed $25 for each certified or noncertified copy of a certificate or record, or for a search of the files or records when no copy is made, or for a copy or information prov…

§ 3133. Reports of induced termination of pregnancy. Each induced termination of pregnancy which occurs in this State, regardless of the length of gestation, shall be reported to the Delaware Health Statistics Center within the Division of Public Health by the person in charge or…

§ 3151. Permit for removal, burial or other disposition; foreign permits; prerequisites for permit [For application of this section, see 84 Del. Laws, c. 261, § 16]. When a death or a fetal death occurs or a dead body is found, the body may not be disposed of until the burial or …

§ 3152. Burial/transit permits for shipment of corpses — Required. No common carrier shall receive for shipment from any point within this State to any other point either within or without this State any dead human body, unless the funeral director or person acting as such presen…

§ 3153. Disinterment — Rules and regulations. No body or stillborn fetus shall be disinterred within the State except upon a permit granted by the State Registrar of Vital Statistics. The forms of disinterment permits shall be prepared by the Office of Vital Statistics. Disinterm…

§ 3154. Authorization for disinterment and reinterment. (a) Authorization. — A permit for disinterment and reinterment of a dead body or fetus shall be issued by the State Registrar upon receipt of a notarized application/authorization signed by the next-of-kin and the person who…

§ 3155. Permits for disinterment of bodies buried in Kent or Sussex County before January 1, 1893. The State Registrar of Vital Statistics through the central office or any of the county vital statistics offices, upon application to and the payment of the usual fee to any or eith…