Delaware General Assembly

Passed 6/27/24

Ready for Governor for action

5/14/24

Dorsey Walker

Sen. Hoffner

Sen. Gay, Huxtable, Pettyjohn, Richardson
Reps. Collins, K. Johnson, Parker Selby, Spiegelman

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO ADULT PROTECTIVE SERVICES.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of Adult Protective Services ("APS"). JLOSC approved recommendations to modify several areas of the APS statute, Chapter 39 of Title 31. Based on the recommendations, this Act does all of the following: - Establishes timelines for when the Department of Health and Social Services ("Department") must begin an investigation after receiving a report concerning an allegation of abuse, neglect, or exploitation of an adult who is impaired or incapacitated. - Establishes the Department's responsibility to conduct ongoing training programs for relevant staff. - Removes the Adult Protective Services Advisory Council from section 3903, Title 31. This council is absorbed into the existing Council on Services for Aging and Adults with Physical Disabilities, through separate legislation. - Modifies the reporting requirement of § 3910(a), Title 31, to specifically establish that health-care professionals have a duty to file a report with the Department when the professional has reasonable cause to believe that an adult who is impaired or incapacitated is in need of protective services; clarifies that privilege does not relieve an individual from the duty to report. - Removes language in § 3904(d)(1) regarding a fee schedule and income criteria process that the Department has not used and does not plan to institute. - Makes many technical changes to modernize and conform existing law to the standards of the Delaware Legislative Drafting Manual.

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Takes effect upon being signed into law

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