Delaware § 908 Immunity from liability, and special reimbursement to safe havens for expenses related to certain babies

Delaware Statutes

§ 908 — Immunity from liability, and special reimbursement to safe havens for expenses related to certain babies

Delaware § 908

JurisdictionDelaware

Title16

PartRegulatory Provisions Concerning Public Health

Ch. 9ABUSE OF CHILDREN

Subch.Reports and Investigations of Abuse and Neglect

This text of Delaware § 908 (Immunity from liability, and special reimbursement to safe havens for expenses related to certain babies) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 16, § 908 (2026).

Text

(a)Any person, including an agency, organization, or entity, participating in good faith in the making of a report or notifying police officers pursuant to this chapter; assisting in a multidisciplinary case as required by § 906(b)(4) of this title; performing a medical examination without the consent of those responsible for the care, custody, and control of a child under § 906(e) of this title; or exercising emergency protective custody in compliance with § 907 of this title is immune from any liability, civil or criminal, that might otherwise exist, and such immunity extends to participation in any judicial proceeding resulting from the above actions taken in good faith. This section does not limit the liability of any health-care provider for personal injury claims due to medical negl

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(a) Any person, including an agency, organization, or entity, participating in good faith in the making of a report or notifying police officers pursuant to this chapter; assisting in a multidisciplinary case as required by § 906(b)(4) of this title; performing a medical examination without the consent of those responsible for the care, custody, and control of a child under § 906(e) of this title; or exercising emergency protective custody in compliance with § 907 of this title is immune from any liability, civil or criminal, that might otherwise exist, and such immunity extends to participation in any judicial proceeding resulting from the above actions taken in good faith. This section does not limit the liability of any health-care provider for personal injury claims due to medical negligence that occurs as a result of any examination performed pursuant to this chapter.

(b) (1) Except for negligence or intentional acts, a safe haven under § 907A(b) of this title that, or an employee or volunteer of the safe haven who, accepts temporary emergency protective custody of a baby under § 907A of this title is absolutely immune from civil and administrative liability for any act of commission or omission in connection with the acceptance of that temporary emergency protective custody or the provision of care for the baby while the baby is in the safe haven’s temporary emergency protective custody.

(2) If a safe haven under § 907A(b) of this title accepts temporary emergency protective custody of a baby under § 907A of this title, the State shall reimburse the safe haven for eligible, medically necessary costs under the Medicaid Fee for Service Program.

Legislative History

16 Del. C. 1953, § 1005; 58 Del. Laws, c. 154 ; 60 Del. Laws, c. 494, § 1 ; 71 Del. Laws, c. 199, § 5 ; 72 Del. Laws, c. 179, § 5 ; 73 Del. Laws, c. 187, §§ 4, 5, 8 ; 75 Del. Laws, c. 376, § 1 ; 78 Del. Laws, c. 403, § 4 ; 81 Del. Laws, c. 144, § 8 ; 83 Del. Laws, c. 242, § 3 ; 83 Del. Laws, c. 448, § 1