Delaware Code Title 31 Sec. 3910 – Duty to report
(a) Any person having reasonable cause to believe that an adult person is impaired or incapacitated as defined in § 3902 of this title and is in need of protective services as defined in § 3904 of this title shall report such information to the Department in the manner and format published by the Department.
Terms Used In Delaware Code Title 31 Sec. 3910
- adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Exploitation: means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another. See Delaware Code Title 31 Sec. 3902
- Financial exploitation: includes , but is not limited to:
- Financial institution: means any of the following:
- 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.
- 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
- Vulnerable adult: means an adult who meets the criteria set forth in § 1105(c) of Title 11. See Delaware Code Title 31 Sec. 3902
(b) Upon receipt of a report, the Department shall make a prompt and thorough evaluation to determine whether the person named is in need of protective services and what services are needed, unless the Department determines that the report is frivolous or is without a factual basis. The evaluation may include a visit to the person and consultation with others having knowledge of the facts of the particular case. If outside professional assistance is required in order for a caseworker to complete an evaluation, the Department may contract with professionals in order to provide such services.
(c) If an employee of a financial institution who has direct contact with an elderly person has reasonable cause to believe that such elderly person who is an account holder may be subject to past, current or attempted financial exploitation, that employee shall follow any internal written policy, program, plan or procedure adopted by the financial institution for the purpose of establishing protocols for the reporting of past, current or attempted financial exploitation. Said policies, programs, plans or procedures shall require written reporting to the Department, in the format published by the Department, by the earlier of the date on which the financial institution completes its investigation or 5 business days after the bank identifies a suspicious transaction pursuant to the policies, programs, plans or procedures adopted by the financial institution. Such policies, programs, plans or procedures may, in addition, allow reporting to agencies such as the Delaware Department of Justice or the Federal Trade Commission. In addition, said institution shall be empowered to place a hold on a proposed transaction for a period of 10 business days following the filing of the report. The proposed transaction can be held another 30 business days at the request of an investigating federal or state agency or if the financial institution has not heard from either the Department or the Delaware Department of Justice, or the financial institution may seek injunctive relief from a court of competent jurisdiction.
(d) Any person or entity participating in good faith in reporting or holding or not holding a transaction pursuant to this chapter shall have immunity from any liability, civil, administrative, or criminal that might otherwise exist as a result of reporting or holding or not holding the transaction.
(e) Unless a hold is requested by the Department or the Delaware Department of Justice, a financial institution is not required to hold a transaction when provided with information alleging that financial exploitation may have occurred, may have been attempted, or is being attempted, but may use its discretion to determine whether or not to refuse to hold a transaction based on the information available to the financial institution.
(f) A financial institution may provide access to or copies of records that are relevant to suspected financial exploitation or attempted financial exploitation of an elderly person or vulnerable adult to the Department, law enforcement, or the prosecuting attorney’s office, either as part of a referral to the Department, law enforcement, or the prosecuting attorney’s office, or upon request of the Department, law enforcement, or the prosecuting attorney’s office pursuant to an investigation. The records may include historical records as well as records relating to the most recent transaction or transactions that may comprise financial exploitation, not to exceed 30 calendar days prior to the first transaction that was reported or 30 calendar days after the last transaction that was reported.
63 Del. Laws, c. 384, § ?1; 66 Del. Laws, c. 49, §§ ?5-7; 78 Del. Laws, c. 179, § ?371; 79 Del. Laws, c. 438, § ?1; 81 Del. Laws, c. 343, § 1;