Delaware Code Title 16 Sec. 1115 – Injunctive relief
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In addition to any other remedy provided by law, the Department may bring an action in Chancery Court to enjoin a long-term care facility from engaging in activities that pose a threat to the health or safety of a resident of the long-term care facility. A temporary restraining order may be granted by the court if continued activity by the long-term care facility would create an imminent risk to a resident at the facility.
Terms Used In Delaware Code Title 16 Sec. 1115
- Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1102
- Long-term care facility: includes all of the following:
- Resident: means an individual, whether identified as a patient, guest, or other designation, residing and receiving services in a long-term care facility. See Delaware Code Title 16 Sec. 1102
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.