Delaware HB 393: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ADULT PROTECTIVE SERVICES.

Bill Text

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SPONSOR: Rep. Dorsey Walker & Sen. Hoffner
Reps. Collins, K. Johnson, Parker Selby, Spiegelman;
Sens. Gay, Huxtable, Pettyjohn, Richardson
HOUSE OF REPRESENTATIVES
152nd GENERAL ASSEMBLY
HOUSE BILL NO. 393
AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ADULT PROTECTIVE SERVICES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
1 Section 1. Amend § 3901, Title 31 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 3901. Legislative intent.
4 The General Assembly recognizes that many adult citizens of this State are subject to psychological or physical
5 injury or exploitation because of physical or mental disability, impairment, illness or condition condition, or other causes
6 which render them incapable of providing for their basic daily living needs. The General Assembly, therefore, intends
7 through this chapter to establish a system of services for impaired or incapacitated adults designed to protect their health,
8 safety safety, and welfare. The intent is to authorize only the least possible restrictions on the exercise of personal and civil
9 rights and such rights, and that restrictions may be are permitted only when consistent with proven need for services.
10 Section 2. Amend § 3902, Title 31 of the Delaware Code by making deletions as shown by strike through and
11 insertions as shown by underline as follows and by redesignating accordingly:
12 § 3902. Definitions.
13 As used in this chapter:
14 (1) “Abuse” means: means any of the following:
15 a. Physical abuse by unnecessarily inflicting pain or injury on an adult who is impaired; or impaired or an
16 adult who is incapacitated.
17 b. A pattern of emotional abuse, which includes, but is not limited to, abuse of an adult who is impaired
18 or an adult who is incapacitated, including ridiculing or demeaning an adult who is impaired the adult, making
19 derogatory remarks to an adult who is impaired adult, or cursing or threatening to inflict physical or emotional
20 harm on an adult who is impaired. the adult.
21 c. Sexual abuse of an adult who is impaired or an adult who is incapacitated.
22 (2) “Adult Protective Services” means the adult protective services unit under the Division of Services for
23 Aging and Adults with Physical Disabilities.

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24 (2) “Adult who is impaired” shall mean any person 18 years of age or over means an individual 18 years or
25 older who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the
26 person’s individual’s own care and custody.
27 (3) “Alleged victim” shall mean any means an adult who is impaired, an adult who is incapacitated, elderly
28 an elderly person, or vulnerable that a vulnerable adult, and may have been abused, neglected or exploited subject to
29 abuse, neglect, self-neglect, or exploitation, based on a report to Adult Protective Services.
30 (4) “Caregiver” means any an adult who has assumed the permanent or temporary care, custody custody, or
31 responsibility for the supervision of an adult who is impaired. impaired or an adult who is incapacitated.
32 (5) “Court” means the Court of Chancery of the State. Chancery.
33 (6) “Department” means the Department of Health and Social Services of the State. Services.
34 (7) “Elderly person” has the same meaning means as defined in § 222 of Title 11.
35 (8) “Emergency” means that a person an individual is living in conditions which present a substantial risk of
36 serious harm and includes, but is not limited to, includes problems which cannot be managed by a person an adult who
37 is impaired, impaired or an adult who is incapacitated, such as insufficient food supply, inadequate shelter, threatened
38 or actual abuse abuse, or utility shut-off. Emergency does not mean psychiatric emergency as provided for in under
39 Chapter 50 of Title 16.
40 (9) “Emergency services” are means protective services furnished to a person an individual in an emergency.
41 (10) “Essential services” shall refer to those means the physical, medical, social, psychiatric psychiatric, or
42 legal services necessary to safeguard the person, rights and physical body, rights, or resources of the person an adult
43 who is impaired or an adult who is incapacitated and to maintain the person’s adult’s physical and or mental well-
44 being. These services shall include, but not be limited to, “Essential services” includes adequate food and clothing,
45 heated and sanitary shelter, medical care for physical and mental health needs, assistance in personal hygiene,
46 protection from health and safety hazards, or protection from physical or mental injury or exploitation.
47 (11) “Exploitation” means at least 1 of the following:
48 an a. An act of forcing, compelling, or exerting undue influence over a