Delaware Code Title 16 Sec. 9405 – Attendant screening
(a) The Department shall safeguard participants through establishment of an attendant screening system which includes, but is not limited to, the following features:
(1) Standardized application comprehensively addressing each prospective attendant’s background.
(2) Criminal background check at state expense.
(3) Check of sex offender registry and abuse, neglect, mistreatment and financial exploitation registries, including those authorized by Chapters 9 and 11 of this title and Chapters 41 and 85 of Title 11.
Terms Used In Delaware Code Title 16 Sec. 9405
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Attendant services: means those services which compensate for an eligible participant's limitations in performing activities of daily living, self-care or mobility within home or community environments. See Delaware Code Title 16 Sec. 9403
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 9403
- Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
- Program: means the Community-Based Attendant Services Program. See Delaware Code Title 16 Sec. 9403
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Services: means any of the following support services, whether meeting a basic or ancillary need:
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) To effectively implement the attendant screening system, the Department is vested with the following powers, duties and authority:
(1) The Department shall require any person seeking to provide attendant services under this chapter to share any and all information, including fingerprints, necessary to obtain a report of the person’s Delaware criminal history record from the State Bureau of Identification and a report of the person’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 [28 U.S.C. § 534]. The State Bureau of Identification shall be the intermediary for acquisition of the federal criminal history record.
(2) Notwithstanding any requirements of Chapter 85 of Title 11 to the contrary, the State Bureau of Identification shall furnish information pertaining to the entire Delaware and federal criminal history record of any person seeking to provide attendant services under this chapter. Such information shall be provided to the Department of Health and Social Services pursuant to the procedures established by the Superintendent of the State Police.
(3) Notwithstanding any contrary provision of Chapter 9 of this title, the Department is authorized to obtain child abuse and neglect registry information from the Department of Services for Children, Youth and Their Families pertaining to any person seeking to provide attendant services under this chapter.
(4) Notwithstanding any contrary provision of Chapter 11 of this title or Chapter 85 of Title 11, the Department is authorized to obtain adult abuse registry information from the Division of Health Care Quality pertaining to any person seeking to provide attendant services under this chapter.
(5) Notwithstanding any contrary provision of Chapter 11 of this title, the Department is authorized to obtain nurse aide registry information from the Division of Health Care Quality pertaining to any person seeking to provide attendant services under this chapter.
(6) Notwithstanding any contrary provision of Chapter 41 of Title 11, the Department is authorized to obtain sex offender registry information from the Superintendent of the Delaware State Police or DELJIS pertaining to any person seeking to provide attendant services under this chapter.
(7) Notwithstanding any other provision of law, the Department shall adopt the sole criteria through its regulations which shall disqualify a person from providing attendant services under this chapter. To the extent not otherwise prohibited by law, the Department shall provide a program participant with a summary report of a prospective attendant’s screening results prior to employment.
(8) The Department may adopt criteria through regulations authorizing exemption from this section for persons for whom a qualifying screening was conducted within the previous 5 years.
(c) Any person who either fails to make a full and complete disclosure on an application or a full and complete disclosure of any information required to obtain a registry or criminal background check as required in this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.
73 Del. Laws, c. 193, § ?1; 80 Del. Laws, c. 63, § ?1; 81 Del. Laws, c. 209, § 8;