Delaware Code Title 31 Sec. 3904 – Nature of protective services; costs
(a) Protective services are services furnished to an adult who is impaired or incapacitated in an emergency situation as defined in § 3902 of this title.
Terms Used In Delaware Code Title 31 Sec. 3904
- Adult who is impaired: shall mean any person 18 years of age or over who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the person's own care and custody. See Delaware Code Title 31 Sec. 3902
- Alleged victim: shall mean any adult who is impaired, incapacitated, elderly or vulnerable that may have been abused, neglected or exploited based on a report to Adult Protective Services. See Delaware Code Title 31 Sec. 3902
- Court: means the Court of Chancery of the State. See Delaware Code Title 31 Sec. 3902
- Department: means the Department of Health and Social Services of the State. See Delaware Code Title 31 Sec. 3902
- Emergency: means that a person is living in conditions which present a substantial risk of serious harm and includes, but is not limited to, problems which cannot be managed by a person who is impaired, such as insufficient food supply, inadequate shelter, threatened or actual abuse or utility shut-off. See Delaware Code Title 31 Sec. 3902
- 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.
- 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
- 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) Protective services include, but are not limited to:
(1) Preliminary investigation and evaluation of reports of adults needing protective services, including a comprehensive social evaluation.
(2) Medical and psychiatric evaluation, if necessary.
(3) Social casework for the purpose of planning and providing services needed by the adult alleged victim.
(4) Maintenance of the person in the person’s own home through provision of personal care, attendant and adult day services.
(5) Assistance in obtaining out-of-home services such as respite care, emergency housing and placement in a long-term care facility.
(6) Referral for legal assistance, information on establishing power of attorney or representative payee arrangements and on guardianship of person or property; referral to the Office of Public Guardian; referral for medical assistance.
(7) Transportation to and from service providers, if necessary.
(8) Other services consistent with this chapter.
(c) In order to provide the services listed in subsection (b) of this section, the following services will be performed by the adult protective services unit:
(1) Informing and educating the citizens of the State on the needs of protective service alleged victims and the services available to them.
(2) Accepting and processing all referrals on, or applications from, adults in need of protective services.
(3) Home visits to all alleged victims, if necessary.
(4) Counseling with alleged victims to assist them to accept needed services voluntarily.
(5) Referring alleged victims to other service-providing agencies, arranging for visits and following up to determine that needed services were delivered by those agencies.
(6) Maintaining case records and statistics.
(7) Contracting with existing public and private agencies and professionals for the provision of services not directly provided by the Department.
(8) Provision for shelter of those persons in temporary need of such protection, pursuant to § 3903(f) of this title.
(9) Provisions for emergency food, clothing, fuel allotments and funds for persons determined to be in need of such services.
(10) Arranging for the development of a system, in cooperation with public and private community agencies, to insure that emergencies requiring adult protection services will be handled on a coordinated basis.
(d) (1) The cost of services provided by the State which are voluntarily accepted by the protective services alleged victim shall be borne by the alleged victim himself or herself, insofar as the alleged victim is able to pay for them from the alleged victim’s own resources, insurance programs, Medicare, Medicaid or similar programs. The Department shall determine the alleged victim’s ability to pay for services from a fee schedule and income criteria which shall be established by the Secretary under the rulemaking authority provided by this chapter. For an alleged victim aggrieved by a decision regarding fees, a caseworker’s determination may be appealed to the program administrator.
(2) In the event that services are voluntarily accepted and no payment is made by an alleged victim whose resources are adequate for such payment, the State may take action in the Court to obtain reimbursement; provided, that efforts have been made to collect the account through other means.
(3) Where protective services are provided under court order, the Court may authorize reasonable payment to the Department from the resources of the person if the Department can prove to the satisfaction of the Court that payment may be made without endangering the welfare or interests of the person served.
(4) To the extent that funds are available, the cost of protective services not paid from the resources of the alleged victim shall be debited to the adult protective services budget.
63 Del. Laws, c. 384, § ?1; 66 Del. Laws, c. 49, § ?2; 70 Del. Laws, c. 186, § ?1; 78 Del. Laws, c. 179, § ?376; 81 Del. Laws, c. 343, § 1;