Sections
§ 3901 Legislative intent 31
§ 3902 Definitions 31
§ 3903 Establishment of protective services system 31
§ 3904 Nature of protective services; costs 31
§ 3905 Voluntary protective services 31
§ 3906 Involuntary protective services 31
§ 3907 Probable cause of death or immediate and irreparable physical injury 31
§ 3908 Emergency order for protective services 31
§ 3909 Hearing on petition 31
§ 3910 Duty to report 31
§ 3911 Adult under treatment by spiritual means not abused, mistreated, neglected, infirm or incapacitated 31
§ 3912 Confidentiality of records 31
§ 3913 Violations 31

Terms Used In Delaware Code > Title 31 > Chapter 39

  • Abuse: means :

    a. See Delaware Code Title 29 Sec. 6912

  • adult person: means a person of the age of 18 years or older. See Delaware Code Title 6 Sec. 4307
  • 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 29 Sec. 6912
  • 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 every board, department, bureau, commission, person or group of persons or other authority which directly receives moneys under any budget appropriation act or supplemental appropriation act and which was created and now exists or hereafter is created to:

    a. See Delaware Code Title 29 Sec. 6902

  • Agency head: means the top official in an agency whether elected, appointed or otherwise. See Delaware Code Title 29 Sec. 6902
  • 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 29 Sec. 6912
  • Contractor: means any person, partnership, firm, corporation, nonprofit agency or other business association who has a contract with an agency. See Delaware Code Title 29 Sec. 6902
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the Court of Chancery of the State. See Delaware Code Title 29 Sec. 6912
  • Covered agency: means any agency except school districts, Delaware Technical & Community College, the Delaware State University and the Legislative Branch of State government. See Delaware Code Title 29 Sec. 6902
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Department of Health and Social Services of the State. See Delaware Code Title 29 Sec. 6912
  • Department: shall mean the Department of Labor. See Delaware Code Title 29 Sec. 6902
  • Director: means , for the purposes of this chapter, the Director of the Office of Management and Budget, except as provided by § 6960 of this title, in which case it shall mean the Secretary of the Department of Labor. See Delaware Code Title 29 Sec. 6902
  • Electronic bid: means the bidder, in response to an advertised invitation to bid, submits all documentation, except for information and documents specified in the invitation to bid, only through an electronic process to an identified secure electronic mail account that will not be opened by the Office or an agency until the close of the bidding period. See Delaware Code Title 29 Sec. 6902
  • 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 29 Sec. 6912
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • 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 29 Sec. 6912
  • Fiduciary: A trustee, executor, or administrator.
  • Financial exploitation: includes , but is not limited to:

    a. See Delaware Code Title 29 Sec. 6912

  • Financial institution: means any of the following:

    a. See Delaware Code Title 29 Sec. 6912

  • Firm: means a person, organization, partnership, limited partnership, corporation, association, nonprofit agency or other business association. See Delaware Code Title 29 Sec. 6902
  • 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.
  • Interested person: means any adult relative or friend of a person who is impaired; an official or representative of the protective services agency or of any public or nonpublic private agency; or any corporation, board, organization or person designated by the Court to act in the interest of the person who is impaired. See Delaware Code Title 29 Sec. 6912
  • Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork called the world wide web. See Delaware Code Title 29 Sec. 6902
  • Lifecycle costing analysis: means the contracting agency's evaluation of costs associated with the cost of acquisition, the cost of energy consumption required for operation, the cost of maintenance and the cost of consumables that affect the State's overall cost of ownership of equipment or public works projects. See Delaware Code Title 29 Sec. 6902
  • Materiel: means materials, equipment, tools, supplies, or any other personal property, but does not include real property or electric, gas, water, telephone or similar utilities. See Delaware Code Title 29 Sec. 6902
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mistreatment: means the failure to provide appropriate physical or emotional care to an adult who is impaired, including the inappropriate use of medications, isolation or physical or chemical restraints on or of an adult who is impaired. See Delaware Code Title 29 Sec. 6912
  • Neglect: means :

    a. See Delaware Code Title 29 Sec. 6912

  • Office: means the Office of Management and Budget; as provided in § 6960 of this title, "Department" shall mean the Department of Labor. See Delaware Code Title 29 Sec. 6902
  • On-line bidding method: means a procurement process in which the Office or an agency receives vendors' bids electronically over the Internet as either a substitute for a hard copy bid submission or in a real-time, competitive bidding event. See Delaware Code Title 29 Sec. 6902
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person who is incapacitated: means a person for whom a guardian of person or property, or both, shall be appointed, under § 3901 of Title 12. See Delaware Code Title 29 Sec. 6912
  • Physical or mental disability: shall include any physical or mental disability and shall include, but not be limited to, intellectual and developmental disabilities, brain damage, physical degeneration, deterioration, senility, disease, habitual drunkenness or addiction to drugs, and mental or physical impairment. See Delaware Code Title 29 Sec. 6912
  • 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
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Professional services: means services which generally require specialized education, training or knowledge and involve intellectual skills. See Delaware Code Title 29 Sec. 6902
  • Public Guardian: means the Office of the Public Guardian. See Delaware Code Title 29 Sec. 6912
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • User group: means 2 or more agency or nonagency representatives, one of whom shall be an agency representative who provides technical advice to the Government Support Services concerning the requirements of certain materiel and nonprofessional services contracts. See Delaware Code Title 29 Sec. 6902
  • Vulnerable adult: means an adult who meets the criteria set forth in § 1105(c) of Title 11. See Delaware Code Title 29 Sec. 6912