Delaware § 3904 Provision of protective services; costs

Delaware Statutes

§ 3904 — Provision of protective services; costs

Delaware § 3904

Title31

PartWelfare Agencies

Ch. 39ADULT PROTECTIVE SERVICES

This text of Delaware § 3904 (Provision of protective services; costs) 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. 31, § 3904 (2026).

Text

(a), (b) [Repealed.]

(c)Adult Protective Services shall do all of the following:

(1)Inform and educate the citizens of the State on the needs of alleged victims and the services available to them.

(2)Accept and process each referral on, or application from, an alleged victim.

(3)Conduct a home visit to each alleged victim, if necessary.

(4)Counsel an alleged victim to assist the alleged victim to accept needed services voluntarily.

(5)Refer an alleged victim to other agencies providing protective services, arrange for visits, and follow up to determine that the agencies delivered the needed protective services.

(6)Maintain case records and statistics.

(7)Contract with existing public or private agencies and professionals for the provision of protective services that the Dep

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(a), (b) [Repealed.]

(c) Adult Protective Services shall do all of the following:

(1) Inform and educate the citizens of the State on the needs of alleged victims and the services available to them.

(2) Accept and process each referral on, or application from, an alleged victim.

(3) Conduct a home visit to each alleged victim, if necessary.

(4) Counsel an alleged victim to assist the alleged victim to accept needed services voluntarily.

(5) Refer an alleged victim to other agencies providing protective services, arrange for visits, and follow up to determine that the agencies delivered the needed protective services.

(6) Maintain case records and statistics.

(7) Contract with existing public or private agencies and professionals for the provision of protective services that the Department does not directly provide.

(8) Provide an alleged victim with temporary shelter, if needed, under § 3903(f) of this title.

(9) Provide emergency food, clothing, fuel allotments, and funds for an alleged victim, if needed.

(10) Arrange the development of a system, in cooperation with public or private agencies, to ensure that protective services required for an emergency are coordinated.

(d) (1) An alleged victim who voluntarily accepts protective services that Adult Protective Services or another agency of this State provides shall pay the costs of the services to the extent that the alleged victim is able from the alleged victim’s own resources, insurance programs, Medicare, Medicaid, or similar programs.

(2) If an alleged victim voluntarily accepts protective services and does not pay for the services despite having adequate resources to pay for them, the State may take action in the Court to obtain reimbursement, after making efforts to collect payment through other means.

(3) If protective services are provided under court order, the Court may authorize reasonable payment to the Department from the resources of the alleged victim, if the Department can prove to the satisfaction of the Court that payment may be made without endangering the welfare or interests of the alleged victim.

(4) To the extent that funds are available, the cost of protective services not paid from the resources of an alleged victim must be debited to Division of Services for Aging and Adults with Physical Disabilities’ budget.

Legislative History

63 Del. Laws, c. 384, § 1 ; 66 Del. Laws, c. 49, § 2 ; 70 Del. Laws, c. 186, § 1 ; 78 Del. Laws, c. 179, § 376 ; 81 Del. Laws, c. 343, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 529, § 5