Delaware Code
Title 31 - Welfare

§ 103. Duty of Department to coordinate welfare and correctional programs; public reports required. - (a) The Department shall be responsible for the coordination of...

§ 104. Secretary; powers and duties. - The Secretary shall manage and supervise the operations of the...

§ 105. Political activities of officers and employees limited. - No executive, official or employee of the Department shall participate...

§ 106. Organization of Department. - The Secretary shall organize the Department into such divisions or...

§ 107. Rules and regulations. - The Secretary shall promulgate rules and regulations for the interpretation...

§ 108. Merit system of personnel administration unaffected. - Nothing in this chapter shall interfere with the continued operation...

§ 109. Annual report. - The Department, annually, shall make a report that shall include:...

§ 110. Burial expenses of indigent person. - An indigent person's remains may be buried at public expense...

§ 111. Financial participation. - (a) The State Treasurer shall establish in the State Treasury...

§ 112. Federal financial participation. - The State Treasurer shall receive all money paid to the...

§ 113. County financial participation. - The State Treasurer shall receive all money paid to the...

§ 114. Recovery of public assistance overpayments. - (a) Any assistance paid to or in behalf of any...

§ 115. Subpoena authority. - (a) In addition to the other powers of the Secretary...

Chapter 3. CHILD WELFARE

Subchapter I. General Provisions

§ 301. Definitions. - As used in this chapter: (1) “Abuse” or “abused child”...

§ 302. Intent and purpose of chapter. - The intent and purpose of this chapter are to: (1)...

§ 303. General powers and duties of Division in respect to children. - In order that the State may more effectively exercise the...

§ 305. Use of other child welfare agencies. - The Division of Child Protective Services may utilize services of...

§ 306. Binding minors prohibited. - No court, organization, institution, individual or corporation may bind any...

§ 307. Bringing or sending nonresident children into State regulated; penalty. - (a) No person or corporation of this State or any...

§ 308. Vaccinations. - Every person who is unable to pay for vaccination and...

§ 309. Background checks for child-serving entities and other organizations. - (a) A background check for employees or volunteers of child-serving...

§ 310. Breast-feeding. - Notwithstanding any provisions of law to the contrary, a mother...

§ 311. Penalties regarding background checks for child-serving entities and personal information disclosure. - (a) Any child-serving entity which fails to comply with the...

Subchapter II. Maternal and Child Death Review Commission

§ 320. Declaration of legislative intent; definitions. - (a) The General Assembly hereby declares that the health and...

§ 321. Organization and composition. - (a) The Maternal and Child Death Review Commission is hereby...

§ 322. Voting. - Except as expressly provided in this subchapter, an affirmative vote...

§ 323. Powers and duties. - (a) The Commission shall have the power to investigate and...

§ 324. Confidentiality of records and immunity from suit. - (a) The records of the Commission and of all committees,...

Subchapter IV. Placement of Dependent Children

§ 351. DSCYF assessment required; exceptions. - (a) Before any person, institution, agency, association, corporation, or organization...

§ 352. Regulation of placement system and of homes where children are placed. - The Division of Child Protective Services may examine the circumstances...

§ 353. Duty of placement agencies to comply with Division's rules. - Any person, agency, institution, association, corporation or organization placing any...

§ 354. Power of placement agencies to remove dependent children; penalty for refusal to comply. - (a) All agencies or organizations, engaged in the placement of...

§ 355. Penalties. - Except as otherwise provided in this subchapter, whoever violates this...

§ 356. Kinship Care Program. - (a) The Department of Services for Children, Youth and Their...

Subchapter V. Private Child Welfare Agencies

§ 361. Children's Home, Inc. - (a) The Children's Home, Inc., a corporation of this State,...

§ 362. The Elizabeth W. Murphey School, Inc. — Admission to School. - Either parent or, if there are no parents, the guardian...

§ 363. The Elizabeth W. Murphey School, Inc. — Powers over children in custody of School; discharge and appeal. - The Elizabeth W. Murphey School, Inc., in which any such...

§ 364. The Elizabeth W. Murphey School, Inc. — Surrender of child; instrument as evidence. - The surrender of any such child shall be by an...

Subchapter VI. Interstate Compact for the Placement of Children [Effective upon enactment by 35 states and upon promulgation of rules by the Interstate Commission]

§ 381. Interstate Compact on the Placement of Children; enactment [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. - The Interstate Compact on the Placement of Children is enacted...

§ 382. Financial responsibility; default in Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. - Financial responsibility for any child placed pursuant to this Compact...

§ 383. Notices; Department of Services for Children, Youth and Their Families [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. - The “appropriate public authorities” as used in Article III of...

§ 384. “Appropriate authority”; Department of Services for Children, Youth and Their Families [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. - As used in paragraph (a) of Article V of this...

§ 385. Financial commitment; approval [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. - The officers and agencies of this State and its subdivisions,...

§ 386. Other related statutes; provisions met if performed as contemplated by Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. - Any requirements for visitation, inspection or supervision of children, homes,...

§ 387. Out-of-state placement restrictions; not applicable if made pursuant to Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. - Section 307 of this title shall not apply to placements...

§ 388. Jurisdiction of court; placement pursuant to Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. - Any court having jurisdiction to place delinquent children may place...

§ 389. Governor; appointment of officer to coordinate activities of Compact [Effective until enactment of the new Compact by 35 states and upon promulgation of rules by the Interstate Commission]. - As used in Article VII of this Compact, the term...

§ 381. Interstate Compact for the Placement of Children; enactment [Effective upon enactment by 35 states and upon promulgation of rules by the Interstate Commission]. - The State of Delaware hereby enters into the Interstate Compact...

Subchapter VII. Child Day-Care Centers

§ 390. Definition. - As used in this subchapter: “Child day-care center” means a...

§ 391. Intent and purposes. - The intent and purposes of this subchapter are to: (1)...

§ 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...

§ 393. Application for aid; requirements. - Application for aid under this subchapter shall be made to...

§ 394. Investigation of applications. - Whenever the Division of Social Services receives notification of an...

§ 395. Grant of aid; notification; payment. - Upon the completion of the investigation, the Division of Social...

§ 396. Periodic reconsideration and changes in amount of aid. - All grants made under this subchapter shall be reconsidered by...

§ 397. Federal financial participation. - The State Treasurer shall receive all money paid to the...

Chapter 5. STATE PUBLIC ASSISTANCE CODE

§ 501. Legislative intent. - It is declared to be the legislative intent that the...

§ 502. Definitions. - As used in this chapter: (1) “Applicant” means any person...

§ 503. Eligibility for assistance; amount; method of payment. - (a) Anti-fraud. — Assistance shall not be granted under this...

§ 504. Assignment and collection of support payments; powers and duties of Family Court. - (a) Any law of the State to the contrary notwithstanding,...

§ 505. Categories of assistance. - Assistance may be granted, in accordance with rules and regulations...

§ 506. Duplication of assistance. - No person shall receive assistance for the same period under...

§ 507. Temporary assistance to nonresidents. - Any person in need of public assistance while physically present...

§ 508. Application for assistance. - (a) Application for assistance shall be made to the appropriate...

§ 509. Continuing eligibility. - All assistance grants made under this chapter shall be reconsidered...

§ 510. Recipients to report acquisition of resources. - If at any time during the period assistance payments are...

§ 511. Responsibility of relatives. - (a) Nothing contained in this chapter shall be construed to...

§ 512. Administration. - The Department shall administer this chapter and in connection therewith...

§ 513. Assistance not assignable; exception. - Assistance granted under this chapter shall not be transferable or...

§ 515. Effect of change of laws or allowances. - Every allowance of assistance under the provisions of this part...

§ 517. Hospital and medical treatment for recipients of aid under this chapter. - Notwithstanding any other provision of law, the Levy Court or...

§ 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...

§ 519. Payment of assistance grants by the Department of Welfare. - Notwithstanding any other provision of law, the Department of Public...

§ 520. Judicial review. - Any applicant for or recipient of public assistance benefits under...

§ 521. Emergency and disaster assistance. - Funds appropriated to the Department of Health and Social Services,...

§ 522. Medical care; subrogation. - (a) Subrogation is defined as the doctrine of law which...

§ 523. Education and training for recipients of aid under § 505(1) of this title. - (a) Persons who qualify for assistance under § 505(1) of...

§ 524. Eligibility for Temporary Assistance for Needy Families. - Pursuant to the option granted the State by 21 U.S.C....

§ 525. Insurance coverage for serious mental illness and drug and alcohol dependency for recipients of aid under § 505(3) of this title. - (a) Definitions. — For the purposes of this section, the...

§ 526. Insurance coverage for contraceptive methods for recipients of aid under § 505(3) of this title. - (a) For purposes of this section: (1) “FDA” means the...

§ 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...

§ 528. Coverage for epinephrine autoinjectors. - (a) For purposes of this section, “epinephrine autoinjector” means a...

§ 529. Coverage for insulin pumps. - (a) For purposes of this section, “insulin pump” means a...

§ 530. Coverage for doula services. - (a) As used in this section, “doula services” means services...

§ 531. Annual behavioral health well check [Effective Jan. 1, 2024]. - (a) As used in this section: (1) “Behavioral health well...

Chapter 6. FOOD STAMP PROGRAM

Subchapter I. General Provisions

§ 601. Department of Health and Social Services responsible for administration of program. - (a) The Department shall bear the responsibility of administering the...

§ 602. Federal responsibilities for food stamp program. - The United States Department of Agriculture, through its Food and...

§ 603. State responsibilities for food stamp program. - The State, through the Department of Health and Social Services,...

§ 605. Eligibility for Food Stamp Program. - Pursuant to the option granted the State by 21 U.S.C....

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. - (a) Whoever knowingly uses, transfers, acquires, alters or possesses food...

§ 611. Forfeiture of property involved in illegal food stamp transactions. - (a) The Secretary of the Department of Health and Social...

§ 612. Definitions. - As used in this subchapter: (1) “Access device” means any...

§ 613. Establishment of a State Law Enforcement Bureau (SLEB). - (a) The Department is designated as the State Law Enforcement...

Chapter 9. WORK ASSIGNMENTS FOR RECIPIENTS OF PUBLIC ASSISTANCE

§ 901. Purpose - The purpose of this chapter is to provide a time-limited...

§ 902. Work requirements as to employable recipients of public assistance. - Employable persons receiving assistance from the Department of Public Welfare...

§ 903. Application for assignment of assistance recipients. - Whenever the governing body of a county, city or town...

§ 904. Assignment of assistance recipients. - (a) Upon application as provided for in § 903 of...

§ 905. Requirements for work projects. - (a) Recipients shall be assigned to perform only such work...

§ 906. Department to establish rules and regulations. - The Department of Health and Social Services shall establish such...

§ 907. Workers' compensation protection. - All project workers will be covered under the State Workers'...

§ 908. Cooperative arrangements with Employment Security Commission of Delaware, State Board of Vocational Education and State Department of Education. - The Department of Public Welfare shall enter into cooperative arrangements...

§ 909. Effect of refusal to work. - The Department, as part of its authority pursuant to §§...

§ 910. Adjustments or recovery. - Any law to the contrary notwithstanding, no adjustment or recovery...

§ 911. Job training and placement by nonprofit corporations - (a) The Department of Labor is authorized: (b) “Placed” or...

Chapter 10. FRAUDULENT ACTS

§ 1001. Legislative intent. - The General Assembly finds and declares it to be in...

§ 1002. Definitions. - When used in this chapter, the following words shall have...

§ 1003. Obtaining benefit under false representation. - It shall be unlawful for any provider, by means of...

§ 1004. Reports, statements and documents. - It shall be unlawful for any provider to: (1) Falsify...

§ 1005. Kickback schemes and solicitation. - (a) It shall be unlawful for any person to solicit...

§ 1006. Conversion of payment. - It shall be unlawful for any provider to convert any...

§ 1007. Penalties. - (a) Whoever knowingly violates §§ 1003, 1004(2) and 1006 of...

§ 1008. Civil assessments. - (a) Any provider who violates this chapter, in addition to...

§ 1009. Jurisdiction. - The Superior Court shall have original and exclusive jurisdiction over...

Chapter 11. WELFARE AGENCIES AND RECIPIENTS OF ASSISTANCE

§ 1101. Confidential character of public assistance records; penalties for violations. - (a) The several departments, bureaus, commissions and agencies of the...

§ 1102. Prohibition against expenditure of moneys or contracting indebtedness above appropriations. - No state welfare agency shall expend any state moneys except...

§ 1103. Penalties for disposal of goods received from relief units for cash or barter. - No person who has received any clothing, food, goods or...

§ 1104. Relief or assistance not to be charged against real estate. - No agency in this State furnishing relief or assistance to...

Chapter 15. DELAWARE WELFARE EMPLOYMENT PROGRAM

§ 1501. Statement of purpose. - It is the purpose of the Delaware Welfare Employment Program...

§ 1502. Establishment of program. - (a) The Delaware Welfare Employment Program (the “Program”) is created...

§ 1503. Individual participation in the program. - (a) Unless otherwise exempted, the following persons may be required...

§ 1504. Financing - Within the limit of its appropriations, the Department may expend...

§ 1505. Participating employers. - (a) Any employer subject to the State unemployment insurance tax,...

§ 1506. Participant compensation and benefits. - (a) Participants shall receive the following benefits so long as...

§ 1507. Personal Advancement Account. - (a) In accordance with rules adopted by the Department, each...

§ 1508. Sanctions for refusal to participate. - Pursuant to its authority under §§ 512 and 518 of...

§ 1509. Committee on Employment and Social Services - (a) Duties and responsibilities. — (1) The Committee on Employment...

§ 1510. Annual report - The Committee shall complete an annual report outlining activities, status...

Chapter 21. Division for the Visually Impaired

§ 2101. Definitions. - As used in this chapter: (1) “Department” means the Department...

§ 2102. Supervision of training. - The Division, through the Department, has supervision of the training...

§ 2103. Division authority; instructors of persons with blindness or visual impairment. - The Division has sole authority over the selection, appointment, employment...

§ 2104. Acquisition and disposal of property; exemption of property from taxation. - (a) The Division may do all of the following: (1)...

§ 2105. Division expenditures. - The Division may expend the sums of money it deems...

§ 2106. Payment of Division expenses. - The State Treasurer shall pay out of funds appropriated by...

§ 2107. Eligibility and applications for services. - An adult who is either a person with blindness or...

§ 2108. Duty of agencies, physicians, and nurses to report persons with blindness and persons with visual impairment. - Each health or social agency, attending or consulting physician, or...

§ 2111. Payments for vocational rehabilitation. - (a) The Division is the authorized agency for vocational rehabilitation...

§ 2113. Limitations on applicability of chapter. - This chapter does not apply to a child who is...

§ 2116. Contracts for library services. - The Division may contract with a public library for that...

Chapter 25. STATE BOARD OF EDUCATION; DUTIES IN REGARD TO PERSONS WHO ARE BLIND

§ 2501. Jurisdiction of State Board of Education. - The State Board of Education may provide for the suitable...

§ 2502. Power to contract with institutions to provide maintenance and instruction. - For the purpose of providing the care, maintenance and instruction...

§ 2503. Age limitation in contracts; power of Board to cancel contract and remove children. - A contract under this chapter shall continue in force and...

Chapter 27. FACILITIES AND SERVICES FOR CHILDREN AND YOUTH

§ 2701. Purposes. - The purposes of the Department of Health and Social Services...

§ 2702. Assistance from other organizations. - (a) The Department of Health and Social Services may call...

§ 2703. Powers. - (a) The Department of Health and Social Services may do...

Chapter 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL

Subchapter I. General Provisions

§ 2801. Burial ground. - The Secretary of the Department of Health and Social Services...

§ 2802. Rights of patients. - Each patient of the Hospital shall be entitled to all...

Subchapter II. Operation of Hospital and Admission

§ 2820. Jurisdiction over Hospital; rules and regulations; power to contract. - The Department of Health and Social Services shall have full...

§ 2821. Organization and operation of Hospital. - (a) The Department of Health and Social Services shall maintain...

§ 2822. Requirements for admittance to the Hospital. - There shall be 2 different sets of admission requirements to...

§ 2823. Exclusion of persons with mental conditions; grounds for dismissal. - (a) No person with a mental condition shall be admitted...

§ 2824. Recording anatomical gift data. - (a) The Delaware Hospital for the Chronically Ill shall, if...

Subchapter III. Expenses and Financing of Hospital

§ 2830. Property liable for expenses. - (a) Patients at the Hospital admitted under Title XIX of...

§ 2831. Liability of relatives for expenses of care and support of patients. - (a) The liability of relatives for expenses incurred in the...

§ 2832. Financing of Hospital maintenance; other expenses. - The cost of the operation and maintenance of the Hospital...

Subchapter IV. Penalties

§ 2840. Fraud in connection with admission; penalty. - Whoever by wilful false statements, misrepresentation or other fraudulent device,...

§ 2841. Other penalties. - Whoever violates this chapter, for which no penalty is specifically...

Chapter 30. Delaware Human and Civil Rights Commission

§ 3001. Delaware Human and Civil Rights Commission composition; vacancies; compensation; removal; quorum. - (a) The Delaware Human and Civil Rights Commission (“Commission”) consists...

§ 3002. Chair and executive committee; meetings. - (a) The Commission shall elect a Chair from among the...

§ 3003. Responsibilities. - The Commission is responsible for carrying out public information and...

§ 3004. Powers and duties. - The Commission shall cooperate with the Governor, the General Assembly,...

§ 3005. Special Administration Fund. - (a) Creation. — A special fund in the State Treasury,...

§ 3006. Subpoenas; compelling testimony. - (a) The Commission may issue subpoenas and order discovery in...

Chapter 35. DELAWARE AGING AND DISABILITY RESOURCE CENTER

§ 3501. Declaration of policy. - (a) The General Assembly recognizes that supporting the elderly and...

§ 3502. Establishment of Delaware Aging and Disability Resource Center. - There is hereby established a Delaware Aging and Disability Resource...

§ 3503. Responsibilities of the Delaware Aging and Disability Resource Center. - The Elder Care Information and Support System shall have the...

Chapter 37. ELDERLY HOUSING COUNSELING PROGRAM

§ 3701. Declaration of policy. - The General Assembly of the State recognizes that the quality...

§ 3702. Establishment. - There is hereby established an Elderly Housing Counseling Program within...

§ 3703. Definitions. - As used in this chapter: (1) “Department” shall mean the...

§ 3704. Duties and functions. - The Housing Counseling Program shall have the following duties and...

§ 3705. Task Force on Housing for Senior Citizens. - (a) There is established a Task Force on Housing for...

Chapter 39. ADULT PROTECTIVE SERVICES

§ 3901. Legislative intent. - The General Assembly recognizes that many adult citizens of this...

§ 3902. Definitions. - As used in this chapter: (1) “Abuse” means: a. Physical...

§ 3903. Establishment of protective services system. - (a) The Secretary of the Department shall appoint, within 6...

§ 3904. Nature of protective services; costs. - (a) Protective services are services furnished to an adult who...

§ 3905. Voluntary protective services. - (a) Any qualified person may receive adult protective services, provided...

§ 3906. Involuntary protective services. - If a person lacks the capacity to consent to receive...

§ 3907. Probable cause of death or immediate and irreparable physical injury. - (a) When probable cause exists to make a peace officer...

§ 3908. Emergency order for protective services. - (a) Upon petition by the Public Guardian or adult protective...

§ 3909. Hearing on petition. - (a) The hearing on a petition for involuntary protective services...

§ 3910. Duty to report. - (a) Any person having reasonable cause to believe that an...

§ 3911. Adult under treatment by spiritual means not abused, mistreated, neglected, infirm or incapacitated. - Nothing in this chapter shall be construed to mean an...

§ 3912. Confidentiality of records. - (a) All records and information in the possession of the...

§ 3913. Violations. - (a) Any person who knowingly or recklessly abuses, neglects, exploits...

Chapter 40. THE DELAWARE STATE HOUSING AUTHORITY

Subchapter I. Definitions, Purpose and Powers

§ 4001. Definitions. - As used in this chapter, unless a different meaning appears...

§ 4002. Purpose. - (a) It is the purpose of this chapter that DSHA...

§ 4003. Housing Director. - The administrator and head of DSHA shall be the Housing...

§ 4004. Powers and duties of the Housing Director. - (a) The Housing Director is responsible for the fulfillment of...

§ 4005. Additional powers of Housing Director. - Whenever the Housing Director determines that the purposes of this...

Subchapter II. Delaware State Housing Authority

§ 4010. Creation. - In accordance with Chapter 86 of Title 29, there is...

§ 4011. DSHA to contract for labor or materials. - DSHA shall contract for labor or materials (except labor or...

§ 4012. Seal of DSHA. - DSHA shall have a corporate seal in the form of...

§ 4013. Powers of DSHA. - In addition to its other powers, DSHA is hereby granted,...

§ 4014. Liberal construction. - Neither this chapter nor anything herein contained is or shall...

§ 4015. Audit of books and accounts. - The office of Auditor of Accounts shall cause an annual...

§ 4016. Bonds. - (a) DSHA may, with the approval of the issuing officer...

§ 4017. Forms and terms of bonds; disposition of proceeds. - (a) All bonds issued under the authority of this chapter...

§ 4018. Bonds as legal investments for institutions and fiduciaries and as legal deposit. - The bonds issued under the authority of this chapter are...

§ 4019. Credit of State not pledged. - (a) Bonds issued under this chapter shall be payable exclusively...

§ 4020. Capital Reserve Fund. - (a) DSHA shall create and establish a special fund to...

§ 4021. Provisions of bonds and mortgages. - In connection with the issuance of bonds or the incurring...

§ 4022. Trust indenture. - (a) At the discretion of the issuing officer each and...

§ 4023. Remedies of bondholders and trustees. - (a) Any holder of bonds issued under this chapter or...

§ 4024. Moneys as trust funds. - All moneys received pursuant to the authority of this chapter,...

§ 4025. Subordination of mortgage to agreement with government. - DSHA may agree in any mortgage made by it that...

§ 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...

§ 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...

§ 4028. Notification of application for Low Income Housing Tax Credit Program. - (a) Whenever a Low Income Housing Tax Credit Program application...

§ 4029. Korey Thompson Student Emergency Housing Assistance Fund. - (a) There is established the Korey Thompson Student Emergency Housing...

Subchapter III. Housing Development Fund and Financing of Housing Developments

§ 4030. Housing Development Fund. - (a) The “Housing Development Fund” shall be administered by the...

§ 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...

§ 4032. Power to supervise housing sponsors. - DSHA shall have the power to supervise housing sponsors, including...

§ 4033. Loan terms and conditions. - Loans made by DSHA shall be subject to the following...

§ 4034. Procedure prior to financing of housing developments undertaken by housing sponsors. - Notwithstanding any other provisions of this chapter, DSHA is not...

Subchapter IV. Council on Housing

§ 4040. Council on Housing. - (a) The Council on Housing is continued and shall serve...

§ 4041. Investigative powers; power to compel assistance of witnesses and production of books. - (a) The Council may investigate the affairs of housing authorities...

Subchapter V. Delaware Housing Insurance Fund

§ 4050. Delaware Housing Insurance Fund. - The Delaware Home Improvement Insurance Fund is renamed the Delaware...

Chapter 41. DELAWARE STATE HOUSING CODE

Subchapter I. Applicability and Adoption

§ 4101. Title and scope. - This chapter shall be known as the Delaware State Housing...

§ 4102. Purpose. - This chapter is intended to protect the public safety, health...

§ 4103. Applicability. - The State Housing Code shall apply to existing residential structures...

§ 4104. Liberal interpretation. - The entire chapter shall be liberally interpreted so as to...

§ 4105. Exemptions. - (a) This chapter does not replace or modify requirements otherwise...

§ 4106. Construction of terms; definitions. - (a) Words used in the present tense include the future;...

§ 4107. Adoption by reference. - Any community in Delaware may adopt the State Housing Code...

§ 4108. Enforcement authority. - It shall be the duty and responsibility of each community...

§ 4109. Enforcement by State or community. - In the event that after 3 years subsequent to the...

§ 4110. Coordination of enforcement. - Inspection of premises and the issuing of orders in connection...

Subchapter II. Minimum Conditions of Premises and Buildings

§ 4111. General provisions. - This subchapter shall describe the minimum conditions of residential premises...

§ 4112. Premises conditions. - (a) Responsibility of owner. — The owner of buildings and...

§ 4113. Exterior structure. - (a) In general. — The exterior of a structure shall...

§ 4114. Interior structure. - (a) In general. — The interior of a structure and...

§ 4115. Light, ventilation and space requirements. - (a) In general. — All spaces or rooms shall be...

§ 4116. Plumbing facilities and fixtures requirements. - (a) In general. — Every dwelling unit shall include its...

§ 4117. Heating, cooking and refrigeration facilities. - (a) Heating. — Every dwelling unit and guest room shall...

§ 4118. Electrical facilities. - (a) Outlets required. — Where there is electric service available...

§ 4119. Fire safety requirements. - (a) In general. — A safe, continuous and unobstructed means...

§ 4120. Responsibilities of owners and occupants. - (a) Cleanliness. — Every occupant of a structure or part...

§ 4121. Extermination. - (a) Owner's responsibility. — The owner of any structure shall...

Subchapter III. Administration and Enforcement

§ 4122. General provisions. - This subchapter shall govern the administration and enforcement procedures of...

§ 4123. Administrative liability. - Except as may otherwise be provided by state statute, no...

§ 4124. Conflict of interest. - No officer or employee who has an official duty in...

§ 4125. Records. - The code official shall keep or cause to be kept...

§ 4126. Duties and powers of code official. - (a) In general. — The code official shall enforce all...

§ 4127. Condemnation. - (a) In general. — When a structure is found by...

§ 4128. Notices and orders. - (a) Notice to owner or to person or persons responsible....

§ 4129. Placarding. - (a) Placarding of structure. — After the condemnation notice required...

§ 4130. Emergency orders. - (a) In general. — Whenever a code official finds that...

§ 4131. Violations. - (a) Unlawful acts. — It shall be unlawful for any...

§ 4132. Demolition. - (a) In general. — The code official may order the...

§ 4133. Creation of tax lien. - There is hereby created a tax lien on real property...

§ 4134. Violation of existing ordinance, code or regulation. - This chapter shall not affect violations of any other ordinance,...

Chapter 42. UNIVERSAL DESIGN STANDARDS FOR AFFORDABLE HOUSING

§ 4201. Standards. - All applications for public financial assistance to be used in...

§ 4202. Definitions. - As used in this chapter, the following terms shall mean:...

§ 4203. Dwelling unit no-step entry. - (a) The dwelling unit may provide at least 1 primary...

§ 4204. Interior accessible route; interior doors, doorways, and hallways. - The dwelling unit may provide for an accessible route running...

§ 4205. Bathroom. - (a) The bathroom shall be on an accessible level and...

§ 4206. Bedrooms. - The dwelling unit may provide at least 1 primary bedroom...

§ 4207. Kitchen. - (a) The kitchen shall be on an accessible level and...

§ 4208. Hardware. - (a) With the exception of panel boxes and HVAC filter...

§ 4209. Implementation of this chapter. - The administering entity shall comply with this chapter by incorporating...

§ 4210. Other applicable law or regulation. - This chapter does not limit or supplant requirements, rights, or...

Chapter 43. HOUSING AUTHORITY

§ 4301. Definitions. - As used in this chapter, unless a different meaning appears...

§ 4302. Legislative purpose. - It is as a matter of legislative determination that, in...

§ 4303. Creation of authority; appointment and removal of commissioners; area of operation. - Whenever DSHA shall have determined that there is need for...

§ 4304. Wilmington Housing Authority. - The Wilmington Housing Authority shall consist of 9 commissioners, 7...

§ 4304A. Newark Housing Authority. - The Newark Housing Authority shall consist of 7 commissioners, 4...

§ 4305. Interest of authority member or employee in projects. - No member or employee of an authority shall acquire any...

§ 4306. Organization by commissioners; quorum; employment of assistants. - As soon as possible after the creation of an authority,...

§ 4307. Compensation and expenses of commissioners. - No commissioner shall receive any compensation, whether in form of...

§ 4308. Powers of authority. - (a) An authority shall constitute a body both corporate and...

§ 4309. Agreements with federal government. - An authority may, in connection with the borrowing of funds,...

§ 4310. Transfer of property to authority by municipalities. - Any city, village or incorporated town included in the area...

§ 4311. Condemnation procedure. - Whenever the housing authority cannot agree with the owner of...

§ 4312. Property as public property. - All property, both real and personal, acquired, owned, leased, rented...

§ 4313. Projects subject to zoning regulations. - All projects of an authority shall be subject to the...

§ 4314. Issuance of evidences of indebtedness; rights of creditors. - Subject to the restrictions set forth in this chapter, an...

§ 4315. Supervision of projects by the DSHA. - Whenever any project of any agency, including public or private...

§ 4316. Material and labor contracts; bids. - All materials furnished to and all labor for an authority...

§ 4317. Dissolution. - Whenever an authority desires to discontinue its operations, it shall...

§ 4318. Tax exemption; payments in lieu of taxes. - The property of an authority is declared to be public...

§ 4319. Exemption from execution sale. - All real property of an authority shall be exempt from...

§ 4320. Form and sale of bonds. - Bonds, notes and certificates of indebtedness of an authority may...

§ 4321. Authority to invest in bonds or other obligations of housing authorities. - The State and all public officers, municipal corporations, political subdivisions,...

§ 4323. Inspection of housing projects located within the City of Wilmington. - (a) Every dwelling, apartment or other living accommodation owned or...

Chapter 44. CUSTODIANSHIP

§ 4400. Petition for custodianship. - For any Delaware State Housing Authority financed housing development, as...

§ 4401. Parties. - (a) In a proceeding brought pursuant to § 4400 of...

§ 4402. Defenses. - It shall be a sufficient defense to this proceeding if...

§ 4403. Stay of judgment by defendant. - (a) Upon filing with the Court of Chancery, the matter...

§ 4404. Custodianship procedures. - (a) The Court shall appoint a custodian qualified to carry...

§ 4405. Powers and duties of custodian. - The custodian shall have all the powers and duties accorded...

§ 4406. Discharge of custodian; costs. - (a) In addition to those situations described in § 4404...

Chapter 45. SLUM CLEARANCE AND REDEVELOPMENT AUTHORITY LAW

§ 4501. Definitions. - As used in this chapter, unless a different meaning is...

§ 4502. Declaration of necessity. - It is found and declared that there exist in localities...

§ 4503. Creation of slum clearance and redevelopment authority. - There is created in each community (as defined in §...

§ 4504. Resolutions. - The governing body of a community shall not adopt a...

§ 4505. Regional slum clearance and redevelopment authority. - If the governing body of each of 2 or more...

§ 4506. Area of operation of regional authority. - The area of operation of a regional authority shall be...

§ 4507. Board of commissioners; number; tenure of office; vacancies. - When the governing body of a municipality adopts a resolution...

§ 4508. Appointment of commissioners for each additional community; tenure. - If a regional authority is created as provided in this...

§ 4509. Odd and even number of communities; tenure; certificate of appointment as evidence. - If the area of operation of a regional authority consists...

§ 4510. Compensation; traveling expenses; certificate of appointment filed with municipal or county clerk; evidence. - A commissioner of an authority shall receive no compensation for...

§ 4511. Power of authority; quorum; meetings; qualifications for appointment as commissioner. - The powers under this chapter vested in each slum clearance...

§ 4512. Officers; employees; duties and compensation; legal services. - The commissioners of an authority shall elect a chairperson and...

§ 4513. Removal; hearing; filing of proceedings in office of municipal or county clerk's office. - For inefficiency or neglect of duty or misconduct in office,...

§ 4514. Actions or proceedings; proof of adoption of resolutions as evidence. - In any suit, action or proceeding involving the validity or...

§ 4515. Interest in contracts; disclosure of interest; violations. - No commissioner or employee of an authority shall voluntarily acquire...

§ 4516. Powers of an authority. - An authority shall constitute a public body corporate and politic,...

§ 4517. Approval of redevelopment plans. - An authority shall not acquire real property for a redevelopment...

§ 4518. Finding of necessity by local governing body. - An authority shall not exercise the authority conferred upon municipalities...

§ 4519. General plan prior to recommendation of redevelopment plan. - An authority shall not recommend a redevelopment plan to the...

§ 4520. Preparation of redevelopment plan; contents. - (a) The authority may itself prepare or cause to be...

§ 4521. Submission of plan for review and recommendations. - Prior to recommending a redevelopment plan to the governing body...

§ 4522. Considerations prior to recommendation of plan. - Prior to recommending a redevelopment plan to the governing body...

§ 4523. Statement of proposed costs; revenue, finances and relocation of displaced families. - The recommendation of a redevelopment plan by an authority to...

§ 4524. Public hearing; notice; publication. - The governing body of the community shall hold a public...

§ 4525. Approval of plan; required findings. - (a) Following the hearing required by § 4524 of this...

§ 4526. Modification of plan; notice; objections. - An urban renewal plan which has not been approved by...

§ 4527. Disposal of property in redevelopment project. - (a) An authority may sell, lease, exchange or otherwise transfer...

§ 4528. Eminent domain. - An authority may acquire by the exercise of the power...

§ 4529. Acquisition and development of undeveloped vacant land. - Upon a determination by resolution of the governing body of...

§ 4530. Issuance of bonds. - (a) An authority may issue bonds from time to time...

§ 4531. Powers in connection with issuance of bonds. - (a) In connection with the issuance of bonds or the...

§ 4532. Rights of obligees. - An obligee of an authority may, in addition to all...

§ 4533. Bonds as legal investments. - All public officers, municipal corporations, political subdivisions and public bodies,...

§ 4534. Conveyance to federal government on default. - In any contract for financial assistance with the federal government...

§ 4535. Property of authority exempt from taxes, from levy and sale by virtue of an execution. - (a) All property including funds of an authority shall be...

§ 4536. Cooperation by public bodies. - (a) For the purpose of aiding and cooperating in the...

§ 4537. Grant of funds by community. - Any community located in whole or in part within the...

§ 4538. Cooperation between authorities. - Any 2 or more authorities may join or cooperate with...

§ 4539. Annual report. - An authority shall at least once a year file with...

§ 4540. Title of purchaser. - Any instrument executed by an authority and purporting to convey...

§ 4541. Preparation of general plan by local governing body. - The governing body of any community which is not otherwise...

§ 4542. Powers conferred as additional. - The powers conferred by this chapter shall be in addition...

§ 4543. Inconsistent provisions. - Insofar as this chapter is inconsistent with any other law,...

Chapter 47. THE DELAWARE NEIGHBORHOOD CONSERVATION AND LAND BANKING ACT

§ 4701. Short title. - This chapter shall be known and may be cited as...

§ 4702. Legislative findings and purpose. - The General Assembly finds and declares as follows: (1) Delaware's...

§ 4703. Definitions. - The following words and phrases when used in this chapter...

§ 4704. Applicability of Delaware law. - (a) This chapter shall apply only to any land bank...

§ 4705. Creation and existence. - (a) A foreclosing governmental unit may create a land bank...

§ 4706. Board of directors. - (a) The initial size of the board of directors shall...

§ 4707. Staff. - A land bank may employ a secretary, an executive director,...

§ 4708. Powers. - A land bank shall possess all powers necessary or appropriate...

§ 4709. Acquisition of property. - (a) The land bank may acquire real property or interests...

§ 4710. Disposition of property. - (a) The land bank shall determine and set forth in...

§ 4711. Maintenance of property. - (a) The land bank shall maintain all of its real...

§ 4712. Delinquent property enforcement. - (a) All powers of foreclosing governmental units preserved. — A...

§ 4713. Expedited quiet title proceedings. - (a) As provided under § 6502 of Title 10, the...

§ 4714. Taxing and financing of land bank operations. - (a) A land bank shall have no shareholders and may...

§ 4715. Public records and public meetings. - (a) The board shall cause minutes and a record to...

§ 4716. Dissolution of land bank. - (a) A land bank may be dissolved within 60 calendar...

§ 4717. Conflicts of interest. - (a) No member of the board or employee of a...

§ 4718. Construction, intent, and scope of chapter. - This chapter shall be construed liberally to effectuate the legislative...

§ 4719. Duration and termination. - Any land bank created pursuant to this chapter shall have...

Chapter 51. Services for Justice-Involved Youth

§ 5101. Definitions. - As used in this chapter: (1) “Commitment” refers to the...

§ 5102. Functions of the Department of Services for Children, Youth and Their Families. - There shall be 1 state agency known as the Department...

§ 5103. Payment of accounts. - All of the accounts on the Department shall be paid...

§ 5104. Annual report to the Governor and to the General Assembly. - The Department shall make an annual report to the Governor...

§ 5105. Misnomer of Department in donation. - Any misnomer of the Department shall not defeat or annul...

§ 5106. Powers and duties of the Department. - (a) The Department shall: (1) Have sole and complete control...

§ 5107. Commitments to the Department. - The Family Court of the State may commit to the...

§ 5108. Power to discharge or release. - (a) Except as to a delinquent child committed for a...

§ 5109. Treatment of juvenile inmates with mental conditions or mental disabilities; transfer. - (a) The Secretary of the Department of Services for Children,...

§ 5110. Separate operation. - (a) The Department shall operate a separate department for the...

§ 5111. Aiding or harboring escapee from a facility of the Department; penalty. - Whoever knowingly: (1) Advises, promotes or aids in the escape...

§ 5112. Ferris School for Boys. - The Ferris School for Boys, in New Castle County, a...

§ 5113. Re-entry programs. - (a) There is hereby established a fund for the provision...

Chapter 52. INTERSTATE COMPACT ON JUVENILES

Subchapter I. Findings; Execution

§ 5201. Legislative findings and policy. - (a) The General Assembly finds and declares: (1) That juveniles...

§ 5202. Execution of compact. - The Governor is hereby authorized and directed to execute a...

Subchapter II. The Interstate Compact for Juveniles

§ 5203. The Interstate Compact for Juveniles. - The Interstate Compact for Juveniles is enacted into law and...

Subchapter III. Effectuation

§ 5221. Juvenile compact administrator. - Pursuant to the Interstate Compact on Juveniles, the Governor is...

§ 5222. Supplementary agreements. - The Compact administrator is authorized and empowered to enter into...

§ 5223. Financial arrangements. - The Compact administrator, subject to the approval of the State...

§ 5224. Responsibilities of state departments, agencies and officers. - The courts, departments, agencies and officers of this State and...

§ 5225. Additional procedures not precluded. - In addition to any procedure provided in Articles IV and...

§ 5226. Receipt of federal funds. - The designated Juvenile Compact administrator is authorized to cooperate with...

§ 5227. Definition. - The term “delinquent juvenile” as used in the Compact shall...

§ 5228. Effective date. - The Compact shall become effective immediately upon approval of the...

§ 5229. State Council for Interstate Juvenile Supervision. - (a) The State Council for Interstate Juvenile Supervision is hereby...

Chapter 53. WOODS HAVEN SCHOOL FOR GIRLS

§ 5301. Definitions. - As used in this chapter: (1) “Board” means the Board...

§ 5302. Incorporation; powers and duties. - (a) The Woods Haven School for Girls is continued as...

§ 5303. Exercise of powers and duties. - The authority and duties conferred or imposed by this chapter...

§ 5304. Board of Managers; composition and appointment. - (a) The School shall be managed by a Board of...

§ 5305. Audit of accounts. - The accounts of the School shall be audited by such...

§ 5306. Preparation and submission of a budget. - Before any appropriation is made to the School from the...

§ 5307. Instruction of inmates. - The School shall cause the girls under its charge to...

§ 5308. Payments by Levy Court and County Councils. - The Levy Court and the County Councils of the 3...

§ 5309. Exemption from taxation. - The estate, real and personal, of the School, and for...

§ 5310. Commitments to School. - The Board, in assenting thereto, may receive into its charge,...

§ 5311. Aiding or harboring escapees; penalty. - Whoever knowingly: (1) Advises, promotes or aids in the escape...

§ 5312. Confinement of delinquents. - (a) If any girl in the charge, custody or guardianship...

Chapter 54. INTERSTATE ADOPTION ASSISTANCE COMPACTS

§ 5401. Legislative findings; purposes of chapter. - (a) The General Assembly finds that: (1) Finding adoptive families...

§ 5402. Compacts — Authorized; definitions. - (a) The Department of Services for Children, Youth and Their...

§ 5403. Compacts — Required contents. - A compact entered into pursuant to the authority conferred by...

§ 5404. Compacts — Optional contents. - A compact entered into pursuant to the authority conferred by...

§ 5405. Medical assistance. - (a) A child with special needs resident in this State...

§ 5406. Federal participation. - Consistent with federal law, the Department of Health and Social...

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Delaware Code Title 31 - Welfare

Delaware Code
Title 31 - Welfare