Sections
§ 5701 Definitions 16
§ 5702 Scope of chapter 16
§ 5703 Informed consent not presumed 16
§ 5704 Jurisdiction and venue 16
§ 5705 Filing petition 16
§ 5706 Petition for declaratory judgment 16
§ 5707 Petition for involuntary sterilization 16
§ 5708 Service of petition and notice 16
§ 5709 Interim action by court 16
§ 5710 Procedural rights of person to be sterilized 16
§ 5711 Hearing on petition for declaratory judgment 16
§ 5712 Hearing on petition for involuntary sterilization 16
§ 5713 Physician’s certification 16
§ 5714 Records 16
§ 5715 Limitation of liability 16
§ 5716 Costs 16

Terms Used In Delaware Code > Title 16 > Chapter 57 - Voluntary and Involuntary Sterilization

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means any private or public agency operating in the State, one of whose purposes is the funding, provision or regulation of health care services. See Delaware Code Title 16 Sec. 1151
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means any of the following:

    a. See Delaware Code Title 16 Sec. 1141

  • Applicant: means any of the following:

    a. See Delaware Code Title 16 Sec. 1145

  • Arrest: Taking physical custody of a person by lawful authority.
  • Authorized representative: means an individual who has the highest priority to act for the patient under law, and who has the authority to make decisions with respect to the patient's health-care preferences. See Delaware Code Title 16 Sec. 1145
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Criminal history: means a report from the Department regarding its review of the applicant's entire federal criminal history from the Federal Bureau of Investigation, under Public Law 92-544 as amended (28 U. See Delaware Code Title 16 Sec. 1141
  • Criminal history: means a report from the Department regarding its review of the applicant's entire federal criminal history from the Federal Bureau of Investigation, under Public Law 92-544 as amended (28 U. See Delaware Code Title 16 Sec. 1145
  • Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1102
  • Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1145
  • Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
  • Division: shall mean the Division of Health Care Quality;

    (4) a. See Delaware Code Title 16 Sec. 1102

  • Employer: means a home-care agency; a management company that contracts to provide services on behalf of a home-care agency; or other business entity, including a temporary employment agency, that contracts to provide services on behalf of a home-care agency. See Delaware Code Title 16 Sec. 1145
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facility: means any facility licensed under subchapter I of this chapter. See Delaware Code Title 16 Sec. 1141
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Home-care agency: means all programs or agencies licensed under § 122(3)m. See Delaware Code Title 16 Sec. 1145
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Long-term care facility: includes all of the following:

    1. See Delaware Code Title 16 Sec. 1102

  • Long-term care facility: means any facility as defined in § 1102 of this title. See Delaware Code Title 16 Sec. 1151
  • nursing home: means a residential facility that provides services to residents including resident beds, continuous nursing services, and health and treatment services for individuals who do not currently require continuous hospital care and that provides care in accordance with a physician's order and requires the supervision of a registered nurse (RN). See Delaware Code Title 16 Sec. 1102
  • Ombudsperson: means the person designated under the Older Americans Act, as amended (42 U. See Delaware Code Title 16 Sec. 1151
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, or any other legal entity, and includes a legal successor of those entities. See Delaware Code Title 16 Sec. 1102
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Private residence: means the domicile of the individual in need of care, either personally owned by that individual or considered the place of residence of that individual. See Delaware Code Title 16 Sec. 1145
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Record: means any medical, social, or financial information pertaining to a resident of a long-term care facility which is maintained by any agency regulated under this chapter or Chapter 10 of this title; provided, however, that "record" does not include criminal investigative files. See Delaware Code Title 16 Sec. 1151
  • 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
  • SBI: means the State Bureau of Identification. See Delaware Code Title 16 Sec. 1141
  • SBI: means the State Bureau of Identification. See Delaware Code Title 16 Sec. 1145
  • Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
  • sterilization: means any surgical or medical procedure intended to render a person permanently unable to procreate. See Delaware Code Title 16 Sec. 5701