Bill Text: DE HB158 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 31 Of The Delaware Code Relating To The Reporting Of Abuse And Neglect Of An Adult Person Who Is Impaired Or Incapacitated.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2016-01-19 - Stricken [HB158 Detail]
Download: Delaware-2015-HB158-Draft.html
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SPONSOR: |
Rep. Bolden & Sen. Henry |
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Reps. Keeley, Lynn; Sens. Ennis, Townsend |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 158 |
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AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE REPORTING OF ABUSE AND NEGLECT OF AN ADULT PERSON WHO IS IMPAIRED OR INCAPACITATED. |
Section 1.Amend §3910, Title 31 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(a) Any person or entity having reasonable cause to believe that an adult person is impaired or incapacitated as defined in §3902 of this title and is in need of protective services as defined in §3904 of this title shall report such information to the Department of Health and Social Services in the manner and format published by the Department.
(e) Unless a hold is requested by the
Department or the Delaware Department of Justice, a A financial
institution is not required to hold a transaction when provided with
information alleging that financial exploitation may have occurred, may have
been attempted, or is being attempted, but may use its discretion to determine
whether or not to refuse to hold a transaction based on the information
available to the financial institution.
(g) Any person or entity that knows or in good faith suspects that an adult person is impaired or incapacitated as defined in §3902 of this title and is in need of protective services as defined in §3904 of this title and does not report such information to the Department of Health and Social Services in the manner and format published by the Department shall be liable for a civil penalty not to exceed $10,000 for the first violation, and not to exceed $50,000 for any subsequent violation.In any action brought under paragraph (a) of this section, if the court finds a violation, the court may award costs and attorney's fees.
SYNOPSIS
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This Bill creates penalties for the failure to report a reasonable cause to believe that an adult person who is impaired or incapacitated is in need of protective services.The penalties are intended to match those that are currently in place for the failure to report the suspected abuse of a child, as outlined in Section 903 of Title 16 of the Delaware Code. |
