Terms Used In Delaware Code > Title 5 > Chapter 9 > Subchapter I - General Provisions

• abused child: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adult: means an individual who is at least 18 years of age. See Delaware Code Title 16 Sec. 2710
• adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
• Advance health-care directive: means a directive under § 2503 of this title. See Delaware Code Title 16 Sec. 2710
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Agent: shall mean any person authorized by the State to purchase and affix tax stamps on packages of cigarettes. See Delaware Code Title 16 Sec. 7116
• Agent: means an individual authorized to make health-care decisions on another's behalf by a power of attorney or an individual expressly authorized to make an anatomical gift on another's behalf by any other record signed by the individual giving the authorization. See Delaware Code Title 16 Sec. 2710
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amusement ride: means any mechanical device or devices that carry or convey passengers along, around or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure or excitement, but such term does not include:

  a. See Delaware Code Title 16 Sec. 6402

• Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Delaware Code Title 16 Sec. 2710
• Animal shelter: means a public or private facility which includes a physical structure that provides temporary or permanent shelter to stray, abandoned, abused, or owner-surrendered animals and is operated, owned, or maintained by an incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. See Delaware Code Title 16 Sec. 3041F
• Animal welfare officer: means an individual employed by the Department or employed by an independent contractor of the Department or by a municipality for the purpose of enforcing dog control laws, rules, regulations, and ordinances. See Delaware Code Title 16 Sec. 3041F
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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. 1145

• Applicant: means any of the following:

  a. See Delaware Code Title 16 Sec. 1190

• 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
• Approved: means acceptable to the authority having jurisdiction over the sale and use of portable oil-fueled heaters as hereinafter set forth. See Delaware Code Title 16 Sec. 7306
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• assisted living facility: means a special combination of housing, supportive services, supervision, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living or instrumental activities of daily living. See Delaware Code Title 16 Sec. 1102
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• 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
• Autism: means any structural or biochemical abnormality, regardless of cause, diagnosed at any time before or after birth, that requires medical or surgical intervention or that interferes with normal growth or development. See Delaware Code Title 16 Sec. 222
• Baby: means a child not more than 14 days old, except that for a safe haven under § 907A(b) of this title and the safe haven's employees and volunteers, "baby" means a child reasonably believed to be not more than 14 days old. See Delaware Code Title 16 Sec. 902
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benign tumor: means any nonmalignant neoplasm, regardless of the tissue of origin, that appears on the American College of Surgeons most recently published annual list of reportable cancers and benign tumors. See Delaware Code Title 16 Sec. 3203
• Bequest: Property gifted by will.
• Buildings: means a building equipped with heating, ventilating, and air conditioning (HVAC) fire dampers, smoke dampers and/or smoke control system. See Delaware Code Title 16 Sec. 6601D
• Cancer: means any malignant neoplasm, regardless of the tissue of origin, that appears on the American College of Surgeons most recently published annual list of reportable cancers and benign tumors. See Delaware Code Title 16 Sec. 3203
• Central service technician: means an individual who decontaminates, inspects, assembles, packages, and sterilizes reusable medical instruments or devices for a health-care facility. See Delaware Code Title 16 Sec. 3010A
• Certified nursing assistant: means a duly-certified individual under the supervision of a licensed nurse, who provides care that does not require the judgment and skills of a licensed nurse. See Delaware Code Title 16 Sec. 3001A
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Child: means any person who has not reached that person's own eighteenth birthday. See Delaware Code Title 16 Sec. 902
• Child welfare proceeding: means any Family Court proceeding and subsequent appeal therefrom involving custody, visitation, guardianship, termination of parental rights, adoption or other related petitions that involve a dependent, neglected or abused child or a child at risk of same as determined by the Family Court. See Delaware Code Title 16 Sec. 902
• Cigarette: means :

  a. See Delaware Code Title 16 Sec. 7116

• CMS: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Congenital disability: means any structural or biochemical abnormality, regardless of cause, diagnosed at any time before or after birth, that requires medical or surgical intervention or that interferes with normal growth or development. See Delaware Code Title 16 Sec. 202
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• controlling person: includes the following:

  1. See Delaware Code Title 16 Sec. 1102

• convicted: means entry of a plea of guilty or nolo contendere, regardless of whether the plea was subsequently discharged or dismissed under the first offenders domestic violence diversion program pursuant to § 1024 of Title 10, or under the first offenders controlled substances diversion program pursuant to § 4767 of this title, or of a Robinson plea, or of a probation before judgment discharge without judgment of conviction notwithstanding the provisions of § 4218(g) of Title 11, or a finding of guilt after trial, or a finding of not guilty after trial as a result of the defense of mental disease or defect pursuant to Title 11, or adjudication of delinquency for conduct which if committed by an adult, would constitute a crime; or "conviction" or "convicted" under similar proceedings of another state, territory or jurisdiction. See Delaware Code Title 16 Sec. 902
• 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.
• County Public Health Administrator: means the Division of Public Health employee responsible for managing the operations of all public health programs within an assigned county. See Delaware Code Title 16 Sec. 101
• Court: means the Superior Court or the Family Court of the State, both of which courts shall have jurisdiction and responsibility for the implementation of this chapter. See Delaware Code Title 16 Sec. 5001
• Credentialed mental health screener: means an individual who is:

  a. See Delaware Code Title 16 Sec. 5001

• 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
• Criminal history: means a report from the Department of Health and Social Services 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. 1190
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous to others: means that by reason of mental condition there is a substantial likelihood that the person will inflict serious bodily harm upon another person within the immediate future. See Delaware Code Title 16 Sec. 5001
• Dangerous to self: means that by reason of mental condition there is a substantial likelihood that the person will imminently sustain serious bodily harm to oneself. See Delaware Code Title 16 Sec. 5001
• Death: means the loss of life of a child. See Delaware Code Title 16 Sec. 902
• Decedent: A deceased person.
• Decedent: means a deceased individual and includes a stillborn infant or fetus. See Delaware Code Title 16 Sec. 2710
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1102
• Department: means the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 3203
• Department: means the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 5001
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 202
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 222
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1145
• Department: means the Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 2710
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 3001A
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 3041F
• Department: means the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
• Dependent: A person dependent for support upon another.
• Designated psychiatric treatment facilities: means all facilities designated by the Secretary to provide psychiatric emergency care for individuals believed to have a mental condition and whose behavior is believed to be dangerous to self or dangerous to others; such facilities include psychiatric hospitals operated by the State of Delaware, privately operated psychiatric hospitals, any psychiatric emergency receiving facilities that provide mental health screenings, evaluations, treatment, and referral services, or other facilities as may be designated by the Department by regulation. See Delaware Code Title 16 Sec. 5001
• Designated requestor: means a hospital employee completing a course offered by the OPO on how to approach potential donor families and request organ and tissue donation. See Delaware Code Title 16 Sec. 2710
• Designated transport personnel: means such personnel as designated by the Director to transport persons with tuberculosis to and from treatment and/or detention facilities, and other sites as ordered by the Director. See Delaware Code Title 16 Sec. 520
• Devise: To gift property by will.
• 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
• Director: means the Director of the Division of Family Services or the Director of the Division of Management Support Services of the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distribute: shall mean to issue, give, transfer or otherwise dispose of. See Delaware Code Title 16 Sec. 7102
• Division: shall mean the Division of Health Care Quality;

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

• Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
• Division: means the Division of Family Services of the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
• Document of gift: means a donor card or other record used to make, amend, or revoke an anatomical gift. See Delaware Code Title 16 Sec. 2710
• Dog: means any dog or dog hybrid. See Delaware Code Title 16 Sec. 3041F
• Donate Life Delaware Registry: means that subset of persons in the Department of Transportation's driver's license and photo identification card database or any expanded or successor database who have elected to include the donor designation on their record. See Delaware Code Title 16 Sec. 2710
• Donee: The recipient of a gift.
• Donee: means a person authorized to receive an anatomical gift. See Delaware Code Title 16 Sec. 2710
• Donor: The person who makes a gift.
• Donor: means an individual who makes a gift of all or part of the individual's body. See Delaware Code Title 16 Sec. 2710
• Donor registry: means a database which contains records of anatomical gifts. See Delaware Code Title 16 Sec. 2710
• Drug: includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either humans or other animals. See Delaware Code Title 16 Sec. 3301
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• emergently detained: means the process whereby an adult who appears to have a mental condition, and whose mental condition causes the person to be dangerous to self or dangerous to others, and who is unwilling to be admitted to a facility voluntarily for assessment or care, is involuntarily detained for such evaluation and treatment for 24 hours in a designated psychiatric facility because other less restrictive, more community integrated services are not appropriate or available to meet the person's current mental health-care needs. See Delaware Code Title 16 Sec. 5001
• 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
• Employer: means a prescribed pediatric extended care center. See Delaware Code Title 16 Sec. 1190
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executor: A male person named in a will to carry out the decedent
• Explosive materials: means explosives, blasting agents and detonators as follows:

  a. See Delaware Code Title 16 Sec. 7102

• Explosive-actuated devices: shall mean any tool or special mechanized device which is actuated by explosives, other than smokeless propellants. See Delaware Code Title 16 Sec. 7102
• Explosives: means any chemical compound mixture or device the primary or common purpose of which is to function by explosion. See Delaware Code Title 16 Sec. 7102
• expunged: means to permanently destroy, delete or make nonidentifiable. See Delaware Code Title 16 Sec. 1210
• Eye bank: means a person that is licensed, accredited or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage or distribution of human eyes or portions of human eyes. See Delaware Code Title 16 Sec. 2710
• Family assessment and services: means a case management approach by the Division of Family Services that provides for a prompt assessment of a child and the child's family and the circumstances of the reported incident, including the known history of the child or the alleged perpetrator, when there has been a report to the Department that the child was a victim of abuse or neglect, or at risk of maltreatment by a person responsible for that child's care, custody or control. See Delaware Code Title 16 Sec. 902
• family care home: means a home, including a physical structure and the necessary equipment, that provides beds and personal care services for 2 or 3 residents who cannot live independently and who need or could benefit from a family living situation, and that provides shelter, housekeeping services, food, meals, and personal care for residents. See Delaware Code Title 16 Sec. 1102
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
• Fire damper: means a device installed in an air distribution system, designed to close automatically upon detection of heat, to interrupt migratory airflow and to restrict the passage of flame; and includes devices installed in air conditioning systems to close automatically upon detection of heat, to interrupt migratory airflow, and to restrict the passage of flames. See Delaware Code Title 16 Sec. 6601D
• Fire life safety damper testing: means testing and inspection activities, including all physical, visual, and operational tests necessary to ensure the complete opening and closing of dampers and the proper functioning of fire dampers and smoke dampers as required by the International Fire Code (IFC), NFPA 80, NFPA 105, and applicable engineering specifications. See Delaware Code Title 16 Sec. 6601D
• Fire life safety dampers: means all fire dampers, smoke dampers, and combination fire and smoke dampers. See Delaware Code Title 16 Sec. 6601D
• Firearm: means as defined under § 222 of Title 11. See Delaware Code Title 16 Sec. 6202
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Food: includes all articles used for food, drink, ice, confectionery or condiment by humans or other animal, whether simple, mixed or compound. See Delaware Code Title 16 Sec. 3301
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Fugitive from justice: shall mean any person who has fled from the jurisdiction of any court of record to avoid prosecution for any crime or to avoid giving testimony in any criminal proceeding. See Delaware Code Title 16 Sec. 7102
• Fund: means the Organ and Tissue Donor Awareness Trust Fund. See Delaware Code Title 16 Sec. 2710
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• group home for persons with AIDS: means a residence for 16 or less individuals with AIDS that only admits those individuals with an established diagnosis and disease progression such that the individual requires a routine and frequent combination of physician, professional nursing, and supportive services. See Delaware Code Title 16 Sec. 1102
• group home for persons with mental illness: means a residence that provides 24-hour supports, mental health treatment, rehabilitation, housing for between 3 and 10 adults with a primary diagnosis of psychiatric disabilities, and is fully integrated in the community, not on the grounds of an institution, has shared common living areas, and is where the individual chooses to live. See Delaware Code Title 16 Sec. 1102
• 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.
• Gun shop: means a business located in this State that sells firearms, deadly weapons, or related projects, such as ammunition. See Delaware Code Title 16 Sec. 6202
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Health-care facility: means a hospital or freestanding surgical center licensed pursuant to this title. See Delaware Code Title 16 Sec. 3010A
• Health-care practitioner: means as defined in § 701 of this title. See Delaware Code Title 16 Sec. 1220
• Health-care practitioner: means an individual licensed to practice in the healing arts, pursuant to Title 24, acting within the scope of his or her license. See Delaware Code Title 16 Sec. 3010A
• Health-care professional: means as defined in § 701 of this title. See Delaware Code Title 16 Sec. 1220
• Home-care agency: means all programs or agencies licensed under § 122(3)m. See Delaware Code Title 16 Sec. 1145
• Hospital: means the Delaware Psychiatric Center and any hospital in this State which is certified by the Secretary of the Department of Health and Social Services as being an appropriate facility for the diagnosis, care and treatment of persons with mental conditions 18 years of age or older. See Delaware Code Title 16 Sec. 5001
• Hospital: means a hospital licensed, accredited or approved under the laws of any state and includes a hospital operated by the United States government, a state or a subdivision thereof, although not required to be licensed under state laws. See Delaware Code Title 16 Sec. 2710
• Human trafficking: means as defined in § 787 of Title 11. See Delaware Code Title 16 Sec. 902
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Informed consent: means a written authorization for the disclosure of protected health information on a form substantially similar to one promulgated by the Department of Health and Social Services which is signed in writing or electronically by the individual who is the subject of the information. See Delaware Code Title 16 Sec. 1210
• Informed consent: means the signing of a consent form by the patient or a person authorized to make health care decision on behalf of the patient that satisfies all of the following conditions:

  a. See Delaware Code Title 16 Sec. 1220

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institution: means any institution operated, maintained or under the supervision of the Department of Health and Social Services. See Delaware Code Title 16 Sec. 6001
• Institutional Abuse Investigation Unit: means the unit within the Department that investigates allegations of institutional child abuse and neglect. See Delaware Code Title 16 Sec. 902
• Institutional child abuse or neglect: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
• intensive behavioral support and educational residence: means a residential facility that provides services to adult individuals with autism, developmental disabilities, or severe mental or emotional disturbances who have specialized behavioral needs. See Delaware Code Title 16 Sec. 1102
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Internal information system: means the Department's system of maintaining information related to all reports of abuse, neglect, investigations, family assessments, services and other relevant information. See Delaware Code Title 16 Sec. 902
• Investigation: means the collection of evidence in response to a report of abuse, neglect, or risk of maltreatment of a child by a person responsible for that child's care, custody or control in order to determine if a child has been abused, neglected, or is at risk of maltreatment. See Delaware Code Title 16 Sec. 902
• Investigation Coordinator: means an attorney licensed to practice law in this State employed by the Office of the Child Advocate, who is authorized to independently track each reported case of alleged child abuse or neglect within the Department's internal information system and who is responsible for monitoring each reported case involving the death of, serious physical injury to, or allegations of sexual abuse of a child from inception to final criminal and civil disposition. See Delaware Code Title 16 Sec. 902
• Involuntary patient: means a person admitted pursuant to emergency detention, provisional admission, a complaint for involuntary civil commitment, a probable cause hearing or an involuntary inpatient commitment hearing to the custody of a designated psychiatric treatment facility or hospital for observation, diagnosis, care and treatment. See Delaware Code Title 16 Sec. 5001
• Ionizing radiation: means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared or ultraviolet light. See Delaware Code Title 16 Sec. 7403
• Issuing authorities: shall mean the State Fire Marshal and such local fire marshals as and to the extent the State Fire Marshal shall so designate. See Delaware Code Title 16 Sec. 7102
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• 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.
• Juvenile mental health screener: means a person authorized by the Department of Services for Children, Youth and Their Families to assess individuals under the age of 18 for emergency detention. See Delaware Code Title 16 Sec. 5001
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legitimate public health purpose: means a population-based activity or individual effort primarily aimed at the prevention of injury, disease, or premature mortality or the promotion of health in the community, including all of the following:

  a. See Delaware Code Title 16 Sec. 1210

• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed counselor working in the field of mental health: means "licensed counselor working in the field of mental health" as defined by Chapter 30 of Title 24. See Delaware Code Title 16 Sec. 5401
• Licensed independent practitioner: means employees of designated psychiatric treatment facilities, in addition to psychiatrists, who hold credentials and privileges to admit persons into care and write orders to treat said persons in that facility. See Delaware Code Title 16 Sec. 5001
• Lien: A claim against real or personal property in satisfaction of a debt.
• liquefied petroleum gas: as used in this chapter means any material which is composed predominately of any of the following hydrocarbons or mixtures of the same: Propane, propylene, butanes (normal butane and isobutane) and butylenes. See Delaware Code Title 16 Sec. 7201
• Listed: means any portable oil-fueled heater which has been evaluated with respect to reasonably foreseeable hazards to life and property by any 1 of the following nationally recognized testing or inspection agencies: Underwriters Laboratories, Inc. See Delaware Code Title 16 Sec. 7306
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Long-term care facility: includes all of the following:

  1. See Delaware Code Title 16 Sec. 1102

• Manufacturer: shall mean :

  a. See Delaware Code Title 16 Sec. 7116

• Medicaid: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
• Medicaid share of the quality assessment: means for each nursing facility, the assessment cost applicable to Medicaid residents. See Delaware Code Title 16 Sec. 1180
• Medical examiner: means the Chief Medical Examiner, a Deputy Medical Examiner, an Assistant Medical Examiner, or their designee. See Delaware Code Title 16 Sec. 2710
• Mental condition: means a current, substantial disturbance of thought, mood, perception or orientation which significantly impairs judgment, capacity to control behavior, or capacity to recognize reality. See Delaware Code Title 16 Sec. 5001
• Mental health services provider: means any physician, registered professional nurse, licensed counselor working in the field of mental health, psychologists and licensed clinical social workers as defined in this chapter. See Delaware Code Title 16 Sec. 5401
• Minor: means an individual who is under 18 years of age. See Delaware Code Title 16 Sec. 2710
• misbranded: as used in this chapter , applies to all drugs or articles of food, or articles which enter into the composition of food, the package or label of which bears any statement, design or device regarding such article or the ingredients or substances contained therein which is false or misleading in any particular, and to any food or drug product which is falsely branded as to the state, territory or country in which it is manufactured or produced. See Delaware Code Title 16 Sec. 3307
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Multidisciplinary case: means a comprehensive investigation by the multidisciplinary team for any child abuse or neglect report involving death, serious physical injury, physical injury, human trafficking of a child, torture or sexual abuse, which if true, would constitute a criminal violation against a child, or an attempt to commit any such crime, even if no crime is ever charged. See Delaware Code Title 16 Sec. 902
• Multidisciplinary team: means a combination of the following entities as required by law to investigate or monitor multidisciplinary cases: the Division, the Department's Institutional Abuse Investigation Unit, the appropriate law-enforcement agency, the Department of Justice, and the Investigation Coordinator. See Delaware Code Title 16 Sec. 902
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Near death: means a child in serious or critical condition as a result of child abuse or neglect as certified by a physician. See Delaware Code Title 16 Sec. 902
• Neglect: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
• neighborhood home: means a residence for no more than 5 individuals that is fully integrated in the community, not on the grounds of an institution, has shared common living areas, is where the individual chooses to live, and offers 24-hour supports to individuals with intellectual or developmental disabilities. See Delaware Code Title 16 Sec. 1102
• NFPA: means National Fire Protection Association. See Delaware Code Title 16 Sec. 6601D
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nursing assistant: means an individual who has completed the requisite training to become a certified nursing assistant but is awaiting certification. See Delaware Code Title 16 Sec. 3001A
• Nursing facility: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
• Nursing facility services: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
• 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
• Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: means the Office of the State Fire Marshal. See Delaware Code Title 16 Sec. 6402
• Oil: means any liquid fuel with a flash point of greater than 100 degrees Fahrenheit, including but not limited to kerosene. See Delaware Code Title 16 Sec. 7306
• OPO: means the federally certified organ procurement organization for the State. See Delaware Code Title 16 Sec. 2710
• Oversight: Committee review of the activities of a Federal agency or program.
• owner: as used in this chapter means any person who holds a written bill of sale under which title or ownership to a container was transferred to such person or any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale. See Delaware Code Title 16 Sec. 7201
• Owner: means any person who owns, keeps, harbors, or is the custodian of a dog. See Delaware Code Title 16 Sec. 3041F
• Part: includes organs, tissues, eyes, bones, arteries, blood, other fluids and other portions of a human body, and "part" includes "parts. See Delaware Code Title 16 Sec. 2710
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient: means any person with whom the mental health services provider has established a patient-care provider relationship. See Delaware Code Title 16 Sec. 5401
• Patient: means any person admitted, committed to or placed in any such institution for the purpose of treatment. See Delaware Code Title 16 Sec. 6001
• Peace officer: means any public officer authorized by law to make arrests in a criminal case. See Delaware Code Title 16 Sec. 5001
• Peace Officer: means any public officer authorized by law to make arrests in a criminal case. See Delaware Code Title 16 Sec. 101
• 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
• Person: means any individual, corporation, company, association, firm, partnership, society or joint stock company. See Delaware Code Title 16 Sec. 7102
• person: as used in this chapter means any person, firm or corporation. See Delaware Code Title 16 Sec. 7201
• Person: means an individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association or any other legal entity. See Delaware Code Title 16 Sec. 2710
• Person with a mental condition: includes every person with an emotional or psychiatric disorder or disability. See Delaware Code Title 1 Sec. 302
• Personal property: All property that is not real property.
• Physical injury: means as defined in § 1100 of Title 11. See Delaware Code Title 16 Sec. 902
• Physician: means "physician" as defined by Chapter 17 of Title 24. See Delaware Code Title 16 Sec. 5401
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Portable oil-fueled heater: means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance equipped with an integral reservoir, designed to be carried from 1 location to another. See Delaware Code Title 16 Sec. 7306
• 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}
• Prescribed pediatric extended care center: means a facility licensed under § 122(3)q. See Delaware Code Title 16 Sec. 1190
• Primary enclosure: means any structure used or designed for use to restrict a dog to a limited amount of space, including a room, pen, cage, compartment, or hutch. See Delaware Code Title 16 Sec. 3041F
• 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
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Propellant-actuated power devices or tools: shall mean any tool or special mechanized device or gas generator system which is actuated by smokeless propellant or which releases and directs work through a smokeless propellant charge. See Delaware Code Title 16 Sec. 7102
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prospective donor: means a person who is dead or whose death is imminent and has been determined by the OPO to have a part that could be medically suitable for transplantation, therapy, research, or education. See Delaware Code Title 16 Sec. 2710
• Protected health information: means any information, whether oral, written, electronic, visual, pictorial, physical or any other form, that relates to an individual's past, present or future physical or mental health status, condition, treatment, service, products purchased, or provision of care and that reveals the identity of the individual whose healthcare is the subject of the information, or about which there is a reasonable basis to believe such information could be utilized (either alone or with other information that is or should reasonably be known to be available to predictable recipients of such information) to reveal the identity of that individual. See Delaware Code Title 16 Sec. 1210
• Protection and advocacy agency: means the Community Legal Aid Society, Inc. See Delaware Code Title 16 Sec. 1102
• Psychiatrist: means an individual who possesses a valid State of Delaware license to practice medicine and has completed an accredited residency training program in psychiatry. See Delaware Code Title 16 Sec. 5001
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quality control and quality assurance program: shall mean the laboratory procedures implemented to ensure that operator bias systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of the testing. See Delaware Code Title 16 Sec. 7116
• Quorum: The number of legislators that must be present to do business.
• Radioactive material: means any material (solid, liquid or gas) which emits ionizing radiation spontaneously. See Delaware Code Title 16 Sec. 7403
• Reasonably available: means able to be contacted by the OPO, eye bank or tissue bank through the exercise of reasonable due diligence and willing and able to act in a timely manner consistent with existing medical criteria necessary to make an anatomical gift. See Delaware Code Title 16 Sec. 2710
• Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Delaware Code Title 16 Sec. 2710
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Delaware Code Title 16 Sec. 2710
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Recovery specialist: means a medical professional licensed by this or another state or technician trained in accordance with federal standards pursuant to 42 U. See Delaware Code Title 16 Sec. 2710
• Registered professional nurse: means "registered professional nurse" as defined by Chapter 19 of Title 24. See Delaware Code Title 16 Sec. 5401
• Registry: means a central data bank containing collected, classified, coded and stored data relating to congenital disabilities in children under age 5. See Delaware Code Title 16 Sec. 202
• Registry: means a central data bank containing collected, classified, coded and stored data relating to autism in children. See Delaware Code Title 16 Sec. 222
• Registry: means a collection of information as described in Subchapter II of this chapter about persons who have been substantiated for abuse or neglect as provided in Subchapter II of this chapter or who were substantiated between August 1, 1994, and February 1, 2003. See Delaware Code Title 16 Sec. 902
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
• Repeatability: shall mean the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time. See Delaware Code Title 16 Sec. 7116
• Report: means the communication of an allegation of child abuse or neglect to the Department pursuant to § 903 or § 905 of this title. See Delaware Code Title 16 Sec. 902
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Research: means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. See Delaware Code Title 16 Sec. 1210
• 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
• rest residential facility: means a facility that provides resident beds and personal care services in a homelike environment for adult individuals who are normally able to manage their own activities of daily living. See Delaware Code Title 16 Sec. 1102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retail dealer: shall mean any person other than a manufacturer or wholesale dealer engaged in selling cigarettes or tobacco products. See Delaware Code Title 16 Sec. 7116
• Retail dog outlet: means any premises where dogs are sold, or offered or maintained for sale, on a retail basis. See Delaware Code Title 16 Sec. 3041F
• Sale: means in addition to its usual meaning, any sale, transfer, exchange, theft, barter, gift or offer for sale and distribution, in any manner or by any means whatsoever. See Delaware Code Title 16 Sec. 7116
• SBI: means the State Bureau of Identification. See Delaware Code Title 16 Sec. 1145
• SBI: means the State Bureau of Identification. See Delaware Code Title 16 Sec. 1190
• Secretary: means the Secretary of the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 5001
• 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
• Sell: shall mean to sell or to offer or agree to do the same. See Delaware Code Title 16 Sec. 7116
• Serious bodily harm: means physical injury which creates a substantial risk of death, significant and prolonged disfigurement, significant impairment of health, or significant impairment of the function of any bodily organ. See Delaware Code Title 16 Sec. 5001
• Serious physical injury: means as defined in § 1100 of Title 11. See Delaware Code Title 16 Sec. 902
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sexual abuse: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
• Smoke control system: means an engineered system that includes all methods that can be used singly or in combination to modify smoke movement, including engineered systems that use mechanical fans to produce pressure differences across smoke barriers to inhibit smoke movement. See Delaware Code Title 16 Sec. 6601D
• Smoke damper: means a device within an air distribution system to control the movement of smoke, and includes devices installed in air conditioning systems to control the movement of smoke. See Delaware Code Title 16 Sec. 6601D
• 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
• State: includes a state, district, commonwealth, territory, insular possession and any other area subject to the legislative authority of the United States of America. See Delaware Code Title 16 Sec. 2710
• State Civil Penalty Trust Fund: means a fund maintained by the Department to which civil money penalties imposed for violations of state statute or regulation are to be remitted. See Delaware Code Title 16 Sec. 1102
• State Fire Marshal: shall mean the Delaware State Fire Marshal or the State Fire Marshal's deputies. See Delaware Code Title 16 Sec. 7116
• Statute: A law passed by a legislature.
• sterilization: means any surgical or medical procedure intended to render a person permanently unable to procreate. See Delaware Code Title 16 Sec. 5701
• Structure: means any building or completed construction of any kind, including but not limited to, private dwellings or to any structure used for business, commercial or industrial purposes, but not including buildings under construction or buildings used solely for agricultural purposes. See Delaware Code Title 16 Sec. 7306
• Subpoena: A command to a witness to appear and give testimony.
• Substantiation: means a finding by a preponderance of the evidence that abuse or neglect has occurred. See Delaware Code Title 16 Sec. 902
• Summons: Another word for subpoena used by the criminal justice system.
• surgeon: means a physician or surgeon licensed or authorized to practice under the laws of any state. See Delaware Code Title 16 Sec. 2710
• Surveillance: means the process of identifying and investigating congenital disabilities in children under age 5. See Delaware Code Title 16 Sec. 202
• Surveillance: means the process of identifying and investigating autism in children. See Delaware Code Title 16 Sec. 222
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Delaware Code Title 16 Sec. 2710
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Under age: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Venue: The geographical location in which a case is tried.
• Voluntary patient: means a person who voluntarily seeks treatment at, and is admitted to, a designated psychiatric treatment facility or hospital for inpatient treatment of a mental condition. See Delaware Code Title 16 Sec. 5001
• Voluntary treatment: means a person voluntarily taking medications as prescribed and following the recommendations of the attending physician or the Division for the management of tuberculosis. See Delaware Code Title 16 Sec. 520
• Wholesale dealer: shall mean any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and any person who owns, operates or maintains 1 or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person. See Delaware Code Title 16 Sec. 7116
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302