(a) The administrator and head of the Department shall be the Secretary of the Department of Health and Social Services, who
shall be a person qualified by training and experience to perform the duties of the office. The Secretary shall be appointed
by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Secretary
shall be paid an annual salary not in excess of $34,000. The Secretary of the Department of Health and Social Services shall
become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause
shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall
continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency
shall be an automatic resignation from said office.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position
of Deputy Secretary if vacant. A Deputy Secretary so appointed shall serve at the pleasure of the Governor and upon the position
of Secretary being filled such Deputy Secretary may be removed from office by the Secretary with the written approval of the
Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a
successor, the Governor may appoint the Deputy Secretary or the director of any division of the Department to serve as Acting
Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or the director of any division
of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the
powers and perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is
duly qualified and appointed.
29 Del. C. 1953, § 7902; 57 Del. Laws, c. 301, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 140, § 1; 73 Del. Laws, c. 68, §§ 1-3.;
§ 7903. Powers, duties and functions of the Secretary.
The Secretary may:
(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices,
functions and employees;
(2) Appoint and fix the salary, with the written approval of the Governor, of the Deputy Secretary and the following division
directors and office heads, who may be removed from office by the Secretary with the written approval of the Governor, and
who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned
by the Secretary:
a. A Director of the Division of Public Health, who shall be known as the Director of Public Health, and who shall be a licensed
physician who shall have had at least 1 year of postgraduate training in public health, or in lieu thereof at least 5 years
of experience as a full-time health official;
b. A Director of the Division of Substance Abuse and Mental Health, who shall be known as the Director of Mental Health, and
who shall be qualified by appropriate formal education in a field such as psychiatric medicine, psychiatric nursing, clinical
psychology or psychiatric social work directly related to the care and treatment of the mentally ill or emotionally disturbed,
by direct experience in the care and treatment of mentally ill or emotionally disturbed persons and by demonstrated administrative
competence;
c. A Director of the Division of Social Services, who shall be known as the Director of Social Services, and who shall be
qualified by education, ability and experience in the administration of social work or services;
d. An administrator and head of the Division of Business Administration and General Services who shall be known as the Chief
of Business Administration and General Services and who shall be a person qualified by training and experience to perform
the duties of the division;
e. An administrator and head of the Division of Planning, Research and Evaluation who shall be known as the Chief of Planning,
Research and Evaluation and who shall be a person qualified by training and experience to perform the duties of the division;
f. A Director of the Division of Child Support Enforcement, who shall be someone qualified by training, education, experience
or ability to perform the duties of Director;
g. A Director of the Division of Services for Aging and Adults with Physical Disabilities, who shall be someone qualified
by training, education, experience or ability to perform the duties of Director;
h. A Director of the Division of State Service Centers, who shall be someone qualified by training, education, experience
or ability to perform the duties of Director;
i. A Director of the Division of Long-Term Care Residents Protection, who shall be someone qualified by training, education,
experience or ability to perform the duties of Director;
(3) Appoint, with the written approval of the Governor, an administrator and head of the Office of Medical Examiner who shall
be known as the Medical Examiner of the State for a term of 10 years, subject to reappointment, but always subject to removal
for cause. The Medical Examiner shall be a physician licensed to practice in this State and shall be a board certified pathologist,
with preference given to applicants with training and experience in the field of forensic pathology;
(4) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such
limitations as may be imposed by law;
(5) Establish a Division of Business Administration and General Services in order to administer and coordinate the record
keeping, transportation, fiscal affairs, data processing, statistics, accounting, personnel and such other general services
for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department
and to coordinate such general services and business administration with other departments, agencies and offices of the government
of this State;
(6) Establish a Division of Planning, Research and Evaluation in order to provide for and carry out the future comprehensive
planning of the programs, policies and operations of the Department and the evaluation, necessary research, data collection
and analysis of the programs, policies and operations of the Department;
(7) Establish, consolidate, abolish, transfer or combine the powers, duties and functions of the divisions, subdivisions and
offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, providing that
all powers, duties and functions required by law shall be provided for and maintained;
(8) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services
of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical
and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable, in the performance
of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall
be provided pursuant to Chapter 25 of this title;
(9) Delegate any of the Secretary's powers, duties or functions to a director of a division, except the Secretary's power
to remove employees of the Department or to fix their compensation;
(10) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may
be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;
a. The Secretary shall, in cooperation with the appropriate division directors and office heads, adopt regulations which require
dementia specific training each year for persons who are certified, licensed, or registered by the State, and/or who are partially
or fully funded by the State, to provide direct healthcare services to persons diagnosed as having Alzheimer's disease or
other forms of dementia. The mandatory training must include the following topics:
1. Communicating with persons diagnosed as having Alzheimer's disease or other forms of dementia;
2. The psychological, social, and physical needs of those persons; and
3. Safety measures which need to be taken with those persons.
The mandatory training required under this paragraph applies only to those healthcare providers who must participate in continuing
education programs;
b. The provisions of paragraph (10)a. of this section do not apply to persons certified to practice medicine under the Medical
Practice Act, Chapter 17 of Title 24 or first responders including police officers, firefighters and emergency medical technicians.
(11) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;
(12) Adopt an official seal or seals for the Department;
(13) The Secretary in cooperation with the division directors shall prepare a proposed budget for the operation of the Department
to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the
limitations of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used
in accordance with approved programs, grants and appropriations;
(14) The Secretary shall be the successor to the State Board of Health exercising the powers and duties granted the Board
by Title 16 or § 7904 of this title, which are not inconsistent with the laws of this State;
(15) The Secretary is empowered to administer a state revolving loan program in accordance with requirements set forth in
the Federal Safe Drinking Water Act.
a. Delaware Safe Drinking Water Revolving Fund. -- There is hereby established a "Delaware Safe Drinking Water Revolving Fund"
as contemplated by and to be administered pursuant to the Federal Safe Drinking Water Act. All federal capitalization grants
received pursuant to the Federal Safe Drinking Water Act, all required matching state funds, and all loan repayments received
by the State pursuant to any loan agreement made under the Delaware Safe Drinking Water Revolving Fund shall be credited to
the Delaware Safe Drinking Water Revolving Fund. In addition, all proceeds of obligations issued by the State and supported
by a pledge or other interest in the funds in the Delaware Safe Drinking Water Revolving Fund shall be held in or for such
fund. The Delaware Safe Drinking Water Revolving Fund shall be deemed to be a special fund and shall be approved by the Governor
for the following purposes:
1. To accept and retain the funds and revenues specified herein;
2. To make loans to eligible persons for qualifying purposes under the Federal Safe Drinking Water Act;
3. To buy or refinance debt obligations of eligible persons for qualifying purposes under the Federal Safe Drinking Water
Act;
4. To guarantee or purchase insurance for obligations of eligible persons for qualifying purposes under the Safe Drinking
Water Act;
5. To be a source of revenue or security for the payment of principal and interest on revenue bonds of the State if the proceeds
of the sale of such bonds will be deposited in the Delaware Safe Drinking Water Revolving Fund;
6. To earn interest on amounts on deposit in such fund;
7. To establish all necessary interest bearing accounts for deposit of loan repayments;
8. To finance the reasonable costs incurred by the State in the administration of the Delaware Safe Drinking Water Revolving
Fund as permitted under the Federal Safe Drinking Water Act; and
9. To accomplish any other allowable purpose under the Federal Safe Drinking Water Act.
The Department is designated as the administering agency of the Delaware Safe Drinking Water Revolving Fund and shall have
such power necessary to administer such fund including, but not limited to, the power to enter into capitalization grant agreements
with the Environmental Protection Agency, the power to accept capitalization grant awards made under the Federal Safe Drinking
Water Act and the power to recommend the approval of loans from the fund to the Cabinet Committee on State Planning Issues
in accordance with the requirements of the Federal Safe Drinking Water Act, and Chapter 61 of this title, or any successor
statute. The Department shall coordinate implementation of the Delaware Safe Drinking Water Revolving Fund with the Delaware
Department of Natural Resources and Environmental Control which shall be responsible for financial administration of the loan
portion of the Drinking Water State Revolving Fund. The Department shall take all actions necessary to secure for the State
the benefits of the Federal Safe Drinking Water Act.
b. Standards and procedures. -- Before making any loan from the Delaware Safe Drinking Water Revolving Fund, the Department
shall specify:
1. Standards for the eligibility of borrowers and the type of projects to be financed with loans;
2. Procedures for the preparation, review and approval of the "project priority" list, which must contain those projects for
which financial assistance is sought;
3. Procedures for submitting applications for financial assistance and procedures for Department approval of such applications;
4. Procedures for completing an environmental review of projects otherwise qualifying under this subsection which shall be
sufficiently consistent with the provisions for environmental review established under applicable state and federal requirements;
5. Conditions for financial assistance; and
6. Other relevant criteria, standards and procedures.
Standards and procedures specified under this paragraph shall provide for a final approval by the Cabinet Committee on State
Planning Issues of any loan from the Delaware Safe Drinking Water Revolving Fund and the "project priority" list as required
by Chapter 61 of this title, or any successor statute.
29 Del. C. 1953, § 7903; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 58; 59 Del. Laws, c. 136, § 1; 59 Del. Laws, c. 273, § 1; 60 Del. Laws, c. 251, § 1; 61 Del. Laws, c. 274, § 1; 62 Del. Laws, c. 68, § 116; 62 Del. Laws, c. 86, § 11; 64 Del. Laws, c. 467, § 1; 65 Del. Laws, c. 89, § 2; 69 Del. Laws, c. 345, § 1; 70 Del. Laws, c. 149, § 220; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 212, § 1; 71 Del. Laws, c. 290, § 3; 71 Del. Laws, c. 486, § 3; 71 Del. Laws, c. 489, § 1; 73 Del. Laws, c. 41, § 1; 73 Del. Laws, c. 68, § 4; 77 Del. Laws, c. 246, § 1.;
§ 7904. Division of Public Health; Department of Health and Social Services.
(a) There is hereby established the Division of Public Health under the direction and control of the Secretary of the Department
of Health and Social Services for the purpose of protecting and promoting the health of the people.
(b) "Core public health and preventive services" as used in this section are those activities that lay the groundwork for
health communities. They are activities that protect people from diseases and injury. They include activities that: (i) prevent
and control communicable disease epidemics; (ii) promote healthy behaviors to control chronic disease; (iii) monitor the health
of the population through data analysis and epidemiological studies; (iv) result in policies to promote the health of the
public; (v) assure quality health services and systems for the population; (vi) result in the setting of standards for the
protection of the public's health; (vii) provide assistance during disasters; (viii) assess environmental health risks; and
(ix) offer health protection strategies to environmental control agencies.
(c) The mission of the Division is to protect and promote the health of the people. The Division's responsibilities include
the following:
(1) Monitor and assess the health status of the population of the State.
(2) Use scientific knowledge as the basis to promote public policy to protect the health of the people.
(3) Perform duties and functions as may be necessary to assure the protection of the public's health.
(d) The Division shall provide core public health and preventive services that include the following:
(1) Advocate for and facilitate a strong public health delivery system that assures all Delaware citizens have access to core
public health and preventive services.
(2) Serve as the focal point in bringing together public and private entities to create public health objectives and strategies
for Delaware.
(3) Facilitate and support community efforts, including the creation of public/private partnerships, for the prevention of
disease and injury and the promotion of health.
(4) Monitor the health of the population through the collection and analysis of data on health status, including epidemiological
and other studies of health problems.
(5) Develop and provide information on the prevention and control of health problems affecting the population, including environmentally-related
illness, communicable disease, chronic disease, injury and such other problems as may affect the public's health.
(e) The Secretary of the Department of Health and Social Services shall receive and disburse all funds available to the State
from any source including, but not limited to, the United States Government, to be used for the benefit of the public health,
unless the receipt and disbursal of such funds is otherwise provided by law.
(f) The Director of the Division shall be the State Health Officer and State Registrar of Vital Statistics and shall have
the power to perform and shall be responsible for the performance of all of the powers, duties and functions as delegated
to the Director by the Secretary of the Department of Health and Social Services.
(g) The Division is authorized to operate the following programs for which a fee for service is charged to cover the cost
of the program: Child Health, Vanity Birth Certificate, Public Water, Medicaid Enhancements, Infant Mortality, Medicaid Aids
Waiver, Children with Special Needs, Family Planning, Newborn, Indirect Costs, Vaccines, Food Inspection, Medicaid Contractors/Lab
Testing and Analysis, Tuberculosis (TB), Sexually Transmitted Diseases (STD), Child Development Watch, Preschool Diagnostic
and Development Nursery (PDDN), Home Visits, Food Permit, Water Operator Certification, Long-Term Care Prospective Payment,
Long-Term Care IV Therapy, and Health Statistics. Notwithstanding the provisions of § 6102 of this title, the Division shall
be allowed to collect and expend fees from the aforementioned accounts except that the Children with Special Needs and Child
Health programs shall continue to deposit 30 percent of program collections to the General Fund.
29 Del. C. 1953, § 7904; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 58A; 60 Del. Laws, c. 207, § 1; 60 Del. Laws, c. 511, § 65; 60 Del. Laws, c. 716, § 1; 60 Del. Laws, c. 722, § 3; 62 Del. Laws, c. 68, § 117; 62 Del. Laws, c. 86, § 12; 70 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 149, § 224; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 310, § 15.;
§ 7905. Office of Women's Health.
(a) The Office of Women's Health is hereby established within the Division of Public Health, Delaware Health and Social Services.
(b) Definitions:
(1) "Office", as used in this section, refers to the Office of Women's Health.
(2) "Division Director", as used in this section, means the Director of the Division of Public Health.
(3) "Director", as used in this section, means the Director of the Office of Women's Health.
(4) "Secretary", as used in this section, means the Secretary of Health and Social Services.
(c) The Office is established to address women's health issues across the lifespan for the following purposes:
(1) To facilitate appropriate forums, programs or initiatives designed to educate the public regarding women's health and
health lifestyles.
(2) To assist the Division Director in identifying, coordinating and establishing priorities for programs, services and resources
the State should provide for women's health issues across the lifespan, including concerns relating to reproductive, menopausal
and postmenopausal phases of a woman's life.
(3) To serve as a resource for information regarding women's health data, strategies, services and programs that address women's
health issues across the lifespan.
(4) To provide relevant research information and data conducted or compiled by Delaware Health and Social Services and/or
other entities in collaboration with the Department.
(5) To seek funding from private or governmental entities to carry out the purposes of this chapter.
(6) To prepare materials for publication and dissemination to the public on women's health.
(7) To conduct public educational forums in Delaware to raise public awareness and to educate citizens about women's health
programs, issues and services.
(8) To coordinate the activities and programs of the Office with other entities that focus on women's health or women's issues,
including but not limited to other state agencies.
(d) The structure of the Office of Women's Health will be determined by Delaware Health and Social Services, including:
(1) The Director of the Office; and
(2) Other employees that are deemed necessary.
73 Del. Laws, c. 119, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 106, § 8.;
§ 7905A. Office of Women's Health.
Transferred to § 7905 of this title.
§ 7906. Community services.
There are established within the Department of Health and Social Services the programs and functions of community services
involving all of the powers, duties and functions heretofore performed within the former Department of Community Affairs pursuant
to § 4 of Executive Order Number 123 dated December 29, 1982.
68 Del. Laws, c. 149, § 1.;
§ 7907. Delaware Nursing Home Residents Quality Assurance Commission.
(a) There is established a Delaware Nursing Home Resident's Quality Assurance Commission. The Commission shall be composed
as follows:
(1) One member appointed by the Speaker of the House;
(2) One member appointed by the President Pro-Tem of the Senate;
(3) Eight members appointed by the Governor. One of the members appointed by the Governor shall be a representative of the
"protection and advocacy agency" as defined in § 1102 of Title 16. The remaining members shall include representatives of
the following: consumers of nursing home services, nursing home providers, health care professionals, law enforcement personnel
and advocates for the elderly. One of the Governor's initial appointees shall have been a member of the Council on Long Term
Care Facilities;
(4) One member of the Long Term Care Association appointed by the Speaker of the House;
(5) One member of the Hospital Association appointed by the President Pro Tempore of the Senate.
(b) At least 6 but no more than 7 members of the Commission shall be affiliated with 1 of the major political parties and
at least 5, but no more than 6, of the members shall be affiliated with the other major political party; provided, however,
there shall be no more than a bare majority representation of one major political party over the other major political party.
Membership on the Commission shall be geographically distributed so that there shall be members of the Commission from each
of the 3 counties and the City of Wilmington.
(c) The members appointed by the Speaker and the President Pro-Tem shall serve at the pleasure of their appointing authorities.
Initial appointments of the members appointed by the Governor shall be as follows: 2 members for a 1-year term; 3 members
for a 2-year term; and 3 members for a 3-year term. Each succeeding term shall be for 3 years. The Chairperson of the Commission
shall be designated by the Governor.
(d) The Division of Long-Term Care Resident Protection shall furnish staff for the Commission and the Attorney General's office
shall provide legal advice.
(e) The purpose of this Commission is to monitor Delaware's quality assurance system for nursing home residents in both privately
operated and state operated facilities so that complaints of abuse, neglect, mistreatment, financial exploitation and other
complaints are responded to in a timely manner so as to ensure the health and safety of nursing home residents.
(f) The Commission shall meet at a minimum, on a quarterly basis.
(g) The duties of the Commission shall include:
(1) Examination of policies and procedures and evaluation of the effectiveness of the quality assurance system for nursing
home residents, including the respective roles of the Department, the Attorney General's Office and law enforcement agencies
as well as health care professionals and nursing home providers.
(2) The monitoring of data and analysis of trends in the quality of care and quality of life of individuals receiving long
term care in Delaware;
(3) The review and making of recommendations to the Governor, Secretary and the General Assembly concerning the quality assurance
system as well as improvements to the overall quality of life and quality of care of nursing home residents.
(4) The protection of the privacy of nursing home residents including following the guidelines for confidentiality of records
to be established by the Division of Long-Term Care Resident Protection.
(h) The Commission shall prepare and publish an annual report to the Governor, the Secretary and the General Assembly. This
annual report shall include aggregate data with comprehensive analysis and monitoring of trends in the quality of care and
quality of life of nursing home residents.
(i) Members of the Commission shall serve without compensation; however, they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
29 Del. C. 1953, § 7907; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 62; 60 Del. Laws, c. 207, § 1; 66 Del. Laws, c. 315, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 199, § 1; 74 Del. Laws, c. 132, §§ 1, 2; 75 Del. Laws, c. 89, § 195; 77 Del. Laws, c. 201, § 17.;
§ 7908. Division of Substance Abuse and Mental Health.
The Division of Substance Abuse and Mental Health is established having the power to perform and shall be responsible for
the performance of all of the powers, duties and functions heretofore vested in the Board of Trustees of the Department of
Mental Health and the Department of Mental Health pursuant to Chapters 51, 53, 55, 57, 59 and 61 of Title 16.
29 Del. C. 1953, § 7908; 57 Del. Laws, c. 301, § 1; 60 Del. Laws, c. 677, § 1; 64 Del. Laws, c. 467, § 1; 73 Del. Laws, c. 41, § 1.;
§ 7909. Advisory Council to the Division of Substance Abuse and Mental Health.
(a) There is established an Advisory Council to the Division of Substance Abuse and Mental Health to serve in an advisory
capacity to the Director of the Division of Substance Abuse and Mental Health. It shall consider matters related to alcoholism,
drug abuse, mental health and any other matters that may be referred to it by the Governor or the Department of Health and
Social Services. The Council may study, research, plan and advise the Director, Secretary, General Assembly and the Governor
on matters it deems appropriate to enable the Division and the Department to function in the best possible manner.
(b) The Council shall be composed of 17 members who shall be appointed for 3 year terms by the Governor. The members of the
Council shall be eligible to serve more than 1 term. Consideration for appointment should be given to those who have a particular
interest or expertise in the areas of substance abuse and mental health.
(c) At least 6, but not more than 8, members of the Council shall be affiliated with 1 of the major political parties and
at least 5, but not more than 7, of the newly appointed members shall be affiliated with the other major political party.
Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a member
of the Council.
(d) Members of the Council shall serve without compensation; however, they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(e) A chairperson and vice chairperson of the Council shall be chosen by the Council membership for a term of 1 year. Persons
chosen for these positions shall be eligible for reelection at the end of their term.
(f) The Council may adopt its own bylaws subject to the approval of the Director of the Division of Substance Abuse and Mental
Health and the Secretary of the Department of Health and Social Services.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
29 Del. C. 1953, § 7909; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 63; 60 Del. Laws, c. 677, § 1; 64 Del. Laws, c. 467, § 10; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 41, § 1.;
§ 7909A. Division of Developmental Disabilities Services.
(a) There is hereby established the Division of Developmental Disabilities Services, previously referred to as the Division
of Mental Retardation, under the direction and control of the Secretary of the Department of Health and Social Services.
(b) The mission of the Division of Developmental Disabilities Services is to provide services and supports to individuals
with developmental disabilities and their families which enable them to make informed choices that lead to an improved quality
of life and meaningful participation in their communities.
(c) The Division of Developmental Disabilities Services shall have the following powers and duties:
(1) Provide community-based services including family supports, advocacy, foster care placements, respite, neighborhood homes,
supported living, vocational and supported employment opportunities and day habilitation services;
(2) Provide case management, nursing, behavioral services, therapy and other professional supports needed to assist individuals
in achieving their goal(s);
(3) Provide early intervention services to families so as to prevent or minimize developmental delays in children at risk
who are ages 0-3; and
(4) Provide intermediate care facility residential services.
(d) The Division of Developmental Disabilities Services shall ensure the investigation of complaints of abuse, neglect, mistreatment
and financial exploitation. Such investigations may be in coordination with the Attorney General's Office, law enforcement
or other appropriate agencies.
(e) The Division of Developmental Disabilities Services shall be authorized to promulgate rules and regulations to implement
this statute.
60 Del. Laws, c. 677, § 2; 73 Del. Laws, c. 97, § 6[5].;
§ 7910. Advisory Council to the Division of Developmental Disabilities Services.
(a) There is established the Advisory Council to the Division of Developmental Disabilities Services.
(b) The Advisory Council to the Division of Developmental Disabilities Services shall serve in an advisory capacity to the
Director of the Division of Developmental Disabilities Services and shall consider matters relating to persons diagnosed with
mental retardation or specific developmental disabilities in the State and such matters as may be referred to it by the Governor,
Secretary of the Department or Director of the Division of Developmental Disabilities Services. The Council may study, research,
plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function
in the best possible manner.
(c) The Advisory Council to the Division of Developmental Disabilities Services shall be composed of 7 members who shall be
appointed for 3-year terms by the Governor.
(d) At least 3, but no more than 4, of the members of the Council shall be affiliated with 1 of the major political parties
and at least 2, but no more than 3, of the members shall be affiliated with the other major political party; provided, however,
that there shall be no more than a bare majority representation of 1 major political party over the other major political
party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a
member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that
capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled only for
the remainder of the term.
29 Del. C. 1953, § 7910; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 64; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 97, § 7[6].;
§ 7911. Division of Social Services.
The Division of Social Services is established having the power to perform and shall be responsible for the performance of
all the powers, duties and functions heretofore vested in the Department of Public Welfare and the Board of Welfare, pursuant
to Chapter 1, Subchapters I, III, IV, and VI of Chapter 3, and Chapters 5, 9, and 11 of Title 31.
29 Del. C. 1953, § 7911; 57 Del. Laws, c. 301, § 1; 61 Del. Laws, c. 329, § 1; 64 Del. Laws, c. 108, § 2; 69 Del. Laws, c. 345, § 7.;
§ 7912. Council on Family Services.
(a) There is established the Council on Family Services.
(b) [Repealed.]
(c) The Council on Family Services shall be composed of 7 members who shall be appointed for 3-year terms by the Governor.
(d) At least 3, but no more than 4, members of the Council shall be affiliated with 1 of the major political parties and at
least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided,
however, that there shall be no more than a bare majority representation of 1 major political party over the other major political
party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a
member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that
capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
29 Del. C. 1953, § 7912; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 65; 64 Del. Laws, c. 108, § 2; 70 Del. Laws, c. 186, § 1.;
§ 7913. Council on the Blind.
(a) There is established the Council on the Blind.
(b) The Council on the Blind shall serve in an advisory capacity to the Administrator of the Division for the Visually Impaired
and shall consider matters relating to the general supervision and control of the education, training and welfare of blind
persons residing in the State. The Council shall also consider such other matters as may be referred to it by the Governor,
the Secretary of the Department or the Administrator of the Division for the Visually Impaired. The Council may study, research,
plan and advise the Administrator, Secretary and Governor on matters it deems appropriate to enable the Division to function
in the best possible manner.
(c) The Council on the Blind shall be composed of 7 members who shall be appointed for 3-year terms by the Governor.
(d) At least 3, but no more than 4, members of the Council shall be affiliated with 1 of the major political parties and at
least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided,
however, there shall be no more than a bare majority representation of 1 major political party over the other major political
party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a
member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that
capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
29 Del. C. 1953, § 7913; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 66; 61 Del. Laws, c. 329, § 2; 70 Del. Laws, c. 186, § 1.;
§ 7914. Volunteer services.
There are established within the Department of Health and Social Services the programs and functions of volunteer services
involving all of the powers, duties and functions heretofore performed within the Division of Volunteer Services of the Department
of Community Affairs pursuant to former § 8629 [repealed] of Title 29, as follows, which shall be performed by the Director,
or the Director's duly authorized designee, with the approval of the Secretary:
(1) Encourage and enable persons from all walks of life and from all age groups to perform constructive volunteer services;
(2) Establish methods for supporting and promoting private sector leadership and responsibility for meeting public needs;
(3) Promote communication and collaboration between public and private volunteer programs in the State and between the State
and the private sector's initiatives in meeting human needs;
(4) Develop, implement and maintain a volunteer clearing house to disseminate information on volunteer opportunities in the
State;
(5) Develop strategies for more effective contributions of time, talent and resources for community projects by businesses,
foundations, religious and civic groups and others;
(6) Collect, maintain and share information on private initiatives, community, partnerships and creative solutions undertaken
by businesses, foundations, voluntary organizations, religious institutions and other private sector groups in the State,
in order to promote their broader use;
(7) Provide, or arrange for training and technical assistance to public and private organizations engaged in volunteer recruitment
and programming;
(8) Develop, implement and maintain a State plan for public recognition and support of individual volunteer efforts and successful
or promising private sector initiatives and public/private partnerships which address community needs;
(9) Identify obstacles to private sector initiatives and citizen participation and develop resources and systems which not
only eliminate such obstacles but which also provide new incentives to encourage citizens and the private sector to volunteer
and/or undertake new community service initiatives;
(10) Directly administer those statewide volunteer programs which are currently administered within the Department of Health
and Social Services and any other such volunteer program which may subsequently be assigned to this Department by the Governor
or the General Assembly;
(11) Serve as the State's liaison to the Federal ACTION Agency and to other appropriate national and state organizations which
relate to this section; and
(12) Assume such other powers, duties and functions as the Secretary may assign which are in keeping with this section and
not otherwise inconsistent with the law.
68 Del. Laws, c. 149, § 3; 69 Del. Laws, c. 114, § 1; 70 Del. Laws, c. 186, § 1.;
§ 7914A. The Governor's Commission on Community and Volunteer Services.
(a) The Governor's Commission on Community and Volunteer Services is established and shall serve in an advisory capacity to
the Administrator of the State Office of Volunteerism and shall consider matters relating to volunteer services in this State
and such other matters as may be referred to it by the Governor, the Secretary of the Department of Health and Social Services,
the Director of the Division of State Service Centers or the Administrator of the State Office of Volunteerism. The Governor's
Commission on Community and Volunteer Services merges the functions and representation of the Governor's Council on Volunteer
Services with the Delaware Community Service Commission. The Commission may study, research, plan and advise the Administrator,
the Director, the Secretary and the Governor on matters it deems appropriate to enable the State Office of Volunteerism to
function in the best possible manner.
(b) The Governor's Commission on Community and Volunteer Services shall be composed of 15-25 voting members, to include:
(1) One representative from each of the committees which serve in an advisory capacity to the volunteer programs that are
directly administered by the State Office of Volunteerism; and
(2) Up to 22 representatives reflecting the broad diversity of the State, including members from the public sector, the private
nonprofit sector and the business community.
(c) Members of the Commission shall be appointed by the Governor in accordance with 42 U.S.C. § 12501. The initial terms of
the members shall be staggered. Seven members shall be appointed for an initial term of 3 years, 7 members shall be appointed
for an initial term of 2 years, and 3 members shall be appointed for an initial term of 1 year. Thereafter, all terms shall
be for 3 years. Members shall be eligible for reappointment to no more than 2 additional consecutive terms.
(d) Members of the Commission shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Commission, to the extent that funds are available therefor and in accordance
with state law.
(e) A chairperson of the Commission shall be chosen by the members of the Commission from among its members and shall serve
in that capacity for a term of 1 year and shall be eligible for reelection to not more than 2 additional consecutive terms.
(f) Any vacancy among the members of the Commission shall be filled by the Governor for the balance of the unexpired term.
Unexcused absence by a Commission member from either 3 consecutive meetings or any 4 out of 12 consecutive meetings shall
constitute an executed resignation from the Commission by a member.
64 Del. Laws, c. 313, § 3; 68 Del. Laws, c. 149, §§ 4, 5; 71 Del. Laws, c. 305, §§ 1-6; 74 Del. Laws, c. 313, §§ 1-9.;
§ 7915. Council on Services for Aging and Adults with Physical Disabilities.
(a) There is established the Council on Services for Aging and Adults with Physical Disabilities.
(b) The Council on Services for Aging and Adults with Physical Disabilities shall serve in an advisory capacity to the Director
of the Division of Services for the Aging and Adults with Physical Disabilities and shall consider matters relating to the
formation of local community councils for the aging and for adults with physical disabilities, programs and projects in this
State to benefit the aging and adults with physical disabilities and such other matters as may be referred to it by the Governor,
the Secretary of the Department or the Director of the Division of Services for the Aging and Adults with Physical Disabilities.
The Council may study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate
to enable the Division to function in the best possible manner.
(c) The Council on Services for Aging and Adults with Physical Disabilities shall be composed of 22 members who shall be appointed
for 3-year terms by the Governor. The terms of the Council members shall be staggered in such a manner as will insure, as
nearly as possible, an equal and uniform number of vacancies arising each year. Eleven members of the Council shall be comprised
of aging consumers apportioned as follows: 1 aging consumer each from New Castle County, excluding Wilmington, Kent County,
Sussex County and Wilmington and 3 at-large members who may reside anywhere in the State. There shall also be 4 representatives
of public and/or nonprofit agencies that serve aging consumers who may reside anywhere in the State. Eleven members shall
represent adults with physical disabilities to be apportioned as follows: 1 consumer with physical disabilities from New Castle
County, excluding Wilmington, Kent County, Sussex County and Wilmington, and 3 at-large consumers with physical disabilities
who may reside anywhere in the State. There shall also be 4 representatives of public and/or nonprofit agencies that serve
adults with physical disabilities who may reside anywhere in the State.
(d) At least 10, but no more than 12, members of the Council shall be affiliated with 1 of the major political parties, and
at least 8, but no more than 10, members of the Council shall be affiliated with the other major political party; provided,
however, that there shall be no more than a bare majority representation of 1 major political party over the other major political
party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the
Council. The Council membership shall be composed of representatives in the following areas: aging consumers, representatives
of public and/or nonprofit agencies that serve aging consumers, consumers with a physical disability, low income older persons,
low income persons with a physical disability, minority older persons and minority persons with a physical disability and
representatives of public and/or nonprofit agencies that serve adults with physical disabilities. Each Council member can
be representative of more than 1 area, but no Council member shall be representative of more than 3 areas.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members, except that the office
shall rotate between consumer representatives of the aging community and consumer representatives of adults with physical
disabilities. In its 1st year of operation, the Council shall be chaired by a representative of the aging community. In its
2nd year of operation, the Council shall be chaired by a consumer representative of adults with physical disabilities. Thereafter,
the chairperson shall alternate and shall serve a 2-year term. A chairperson shall be eligible to serve 2 nonconsecutive
terms.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
(h) Members who are absent from more than 3 consecutive meetings, unless excused by the Council, shall be discharged from
the Council by the Council Chairperson.
(i) There shall be 2 permanent subcommittees of the Council, in addition to any other committees that are established. Representatives
of adults with physical disabilities shall form 1 Subcommittee on Physical Disabilities. Representatives of the aging community
shall form a Subcommittee on Aging. The subcommittees shall meet as often as deemed necessary, in addition to the monthly
meetings of the full Council. All decisions made by the Council relative to policy and budget shall be made by the full Council.
Staff assistance shall be given to the subcommittees as well as to the full Council.
29 Del. C. 1953, § 7915; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 68; 60 Del. Laws, c. 525, §§ 1-3; 62 Del. Laws, c. 318, §§ 1-4; 66 Del. Laws, c. 47, §§ 1-5; 69 Del. Laws, c. 345, § 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 228, §§ 1-3.;
§ 7915A. Appointments to advisory commissions, boards and committees involved with the elderly.
The Governor, when making appointments to any advisory commission, board or committee, created by this chapter, which does
or may have jurisdiction over or advisory status with state assisted activities for the elderly, shall appoint at least 1
senior citizen. For the purpose of this section a senior citizen shall be a person who was 62 years of age or more on his/her
last birthday.
63 Del. Laws, c. 102, § 1.;
§ 7916. Office of Medical Examiner.
The Office of Medical Examiner is established having the power to perform and shall be responsible for the performance of
all powers, duties and functions heretofore vested in the Board of Postmortem Examiners for the State of Delaware pursuant
to Chapter 47 of this title.
29 Del. C. 1953, § 7919; 57 Del. Laws, c. 301, § 1; 60 Del. Laws, c. 251, §§ 2, 3.;
§ 7917. Delaware Emergency Medical Service Advisory Council.
Transferred.
§ 7918. Drug Control Coordinator; duties; powers.
(a) The purpose of this section and of § 7919 [repealed] of this title is: (1) To develop programs for the prevention and
control of drug abuse and for the treatment and rehabilitation of drug abusers; and (2) to coordinate programs, both public
and private, to deal with the drug abuse problem.
(b) The Secretary of Health and Social Services shall appoint, with the written approval of the Governor, a Drug Control Coordinator
who shall serve at the pleasure of the Governor. The Drug Control Coordinator shall have experience in administration and
in the field of drug abuse and at least a master's degree or equivalent experience. The Secretary shall fix the salary of
the Coordinator at not less than $16,000 nor more than $22,000 per year.
(c) The Drug Control Coordinator shall:
(1) Coordinate the drug control efforts of state agencies;
(2) Coordinate the efforts of this State with those of local and municipal governments within this State and with those of
other states and the federal government;
(3) Assist private agencies and community organizations by providing needed coordination and information;
(4) Plan and supervise public information programs and assist with drug control programs in the public schools;
(5) Assist with the formulation and coordination of programs relating to the early diagnosis, treatment and rehabilitation
of drug abusers;
(6) Assist with the coordination of enforcement efforts by state, county and local enforcement officers;
(7) Assist with the formulation and coordination of training and information programs for state employees and others;
(8) Report on the Drug Control Coordinator's activities on a regular basis to the Secretary of Health and Social Services;
(9) Coordinate the efforts of this State to obtain federal funds available for drug control problems;
(10) Coordinate the overall state efforts with respect to the treatment, prevention and control of the use of dangerous drugs
and narcotics.
(d) The Drug Control Coordinator may:
(1) Employ personnel and purchase equipment and supplies as shall be necessary to carry out the purpose of this section;
(2) Require the cooperation of all other agencies in the executive branch of the state government concerned with drug control
problems.
29 Del. C. 1953, § 7921; 57 Del. Laws, c. 551, § 2; 60 Del. Laws, c. 251, §§ 2, 3; 70 Del. Laws, c. 186, § 1.;
§ 7919. Division of State Service Centers.
(a) There is hereby established the Division of State Service Centers under the direction and control of the Secretary of
the Department of Health and Social Services.
(b) The Division of State Service Centers shall be responsible for the operation of Service Centers throughout the State as
the General Assembly from time to time may provide for.
(c) The Division of State Service Centers shall coordinate the delivery of services and programs of various divisions within
the Department of Health and Social Services, other State agencies, and nonprofit providers who are co-located in State Service
Centers.
(d) The Division of State Service Centers shall report from time to time to the Secretary of the Department of Health and
Social Services concerning the effectiveness of delivery of services by State Service Centers.
(e) The mission of the Division of State Service Centers is to alleviate crises, to foster self-sufficiency for vulnerable
families, to provide volunteer and community service opportunities for all Delawareans and to address the causes and conditions
of poverty.
(f) The Division of State Service Centers shall operate the State Office of Volunteerism, the Office of Community Services
and the Office of Family Support.
(g) The Division of State Service Centers shall serve as a safety net for Delawareans by facilitating individual and community
partnerships for the delivery of human services, and by advocating for vulnerable families.
(h) The Division of State Service Centers shall have the power to promulgate rules and regulations to implement this section.
(i) The Division of State Service Centers is authorized to solicit and accept contributions, grants, gifts and bequests from
organizations including, but not limited to, private foundations or alliances, non-public agencies, institutions, organizations
or businesses. All funds generated shall be retained by the Division of State Service Centers in order to defray costs associated
with the volunteer and community service activities and events of the Division of State Service Centers. Funds received will
not be used for employee salaries or benefits. All funds received are subject to audit by the Department of Health and Social
Services and the Office of Management and Budget, and employees of the Division of State Service Centers are bound by § 5806
of this title when engaging in fundraising activities.
(j) All employees of Family Visitation Centers operated by the Division, either directly or through contractual agreement,
shall be certified as to whether:
(1) The individual is named in the Central Register as the perpetrator of a reported case of child abuse. Costs associated
with obtaining the Child Abuse Registry information shall be borne by the State.
(2) The individual has cleared state and federal criminal history background checks. Costs associated with obtaining the criminal
history information shall be borne by the State for state employees.
The Division shall develop policies concerning the conditions of employment related to both Child Abuse Registry checks and
criminal history background checks.
71 Del. Laws, c. 290, § 1; 74 Del. Laws, c. 77, § 1; 75 Del. Laws, c. 88, § 21(13); 75 Del. Laws, c. 95, § 1; 75 Del. Laws, c. 273, § 1.;
§ 7919A. Advisory Council on State Service Centers.
Repealed by 77 Del. Laws, c. 106, § 9, effective July 6, 2009.
§ 7920. Division of Services for Aging and Adults with Physical Disabilities.
(a) There is hereby established the Division of Services for Aging and Adults with Physical Disabilities within the Department
of Health and Social Services.
(b) Definitions. --
(1) As used in this section, aging or elderly persons shall have the same meaning as older and eligible individuals as defined
in the Older Americans Act, 42 U.S.C. § 3001 et seq.
(2) As used in this section, adults with physical disabilities shall include persons who are age 18 or older; whose physical
condition is anticipated to last 12 months or more; whose physical condition affects their ability to live independently;
and who need ongoing assistance with daily living. Persons receiving primary case management services from other state agencies,
if eligible, may receive services from the Division of Services for Aging and Adults with Physical Disabilities. Persons who
have an assigned case manager from another state agency shall retain that case manager as a primary.
(c) The objective of the Division of Services for Aging and Adults with Physical Disabilities is to improve or maintain the
quality of life for residents of Delaware at least 18 years of age with physical disabilities, or who are elderly. The Division
is committed to the development and delivery of consumer-driven services. As such, these services will maximize independence
through individual choice in the least restrictive environment possible, enable adults with physical disabilities and those
who are elderly to continue living active and productive lives, and protect those who may be vulnerable and at risk.
(d) The Division shall have the following duties and functions:
(1) Serve as the focal point for the assessment, planning and development of service delivery systems designed to meet the
needs of adults with physical disabilities and those who are elderly;
(2) Serve as an advocate for the needs of the elderly and adults with physical disabilities by supporting the individual,
family and others who serve as the individual's support system through the provision and coordination of services designed
to maximize independent living in the least restrictive manner possible;
(3) Provide information and training to those in the private and public sectors to increase awareness and encourage development
of systems and services critical to improving the quality of life for the aging and adults with physical disabilities;
(4) Facilitate a strong service delivery system through promoting the creation of public/private partnerships which shall
serve to develop, combine and maximize appropriate resources;
(5) Receive and disburse all funds available to the State from any source, including but not limited to the United States
Government, to be used for the benefit of the aging and adults with physical disabilities, unless the receipt and disbursal
of such funds is otherwise provided by law;
(6) Carry out a formal evaluation of the program to include, but not be limited to, organization, services, coordination,
customer satisfaction, training and the role of the Advisory Council and its subcommittees after 2 years of operation, and
report to the Secretary, the General Assembly and the Governor. In addition, the Division shall annually prepare a report
on service requests, requests fulfilled, requests that could not be met and why and observed gaps in service delivery for
the Secretary and the General Assembly; and
(a) The administrator and head of the Department shall be the Secretary of the Department of Health and Social Services, who
shall be a person qualified by training and experience to perform the duties of the office. The Secretary shall be appointed
by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Secretary
shall be paid an annual salary not in excess of $34,000. The Secretary of the Department of Health and Social Services shall
become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause
shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall
continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency
shall be an automatic resignation from said office.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position
of Deputy Secretary if vacant. A Deputy Secretary so appointed shall serve at the pleasure of the Governor and upon the position
of Secretary being filled such Deputy Secretary may be removed from office by the Secretary with the written approval of the
Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a
successor, the Governor may appoint the Deputy Secretary or the director of any division of the Department to serve as Acting
Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or the director of any division
of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the
powers and perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is
duly qualified and appointed.
29 Del. C. 1953, § 7902; 57 Del. Laws, c. 301, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 140, § 1; 73 Del. Laws, c. 68, §§ 1-3.;
§ 7903. Powers, duties and functions of the Secretary.
The Secretary may:
(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices,
functions and employees;
(2) Appoint and fix the salary, with the written approval of the Governor, of the Deputy Secretary and the following division
directors and office heads, who may be removed from office by the Secretary with the written approval of the Governor, and
who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned
by the Secretary:
a. A Director of the Division of Public Health, who shall be known as the Director of Public Health, and who shall be a licensed
physician who shall have had at least 1 year of postgraduate training in public health, or in lieu thereof at least 5 years
of experience as a full-time health official;
b. A Director of the Division of Substance Abuse and Mental Health, who shall be known as the Director of Mental Health, and
who shall be qualified by appropriate formal education in a field such as psychiatric medicine, psychiatric nursing, clinical
psychology or psychiatric social work directly related to the care and treatment of the mentally ill or emotionally disturbed,
by direct experience in the care and treatment of mentally ill or emotionally disturbed persons and by demonstrated administrative
competence;
c. A Director of the Division of Social Services, who shall be known as the Director of Social Services, and who shall be
qualified by education, ability and experience in the administration of social work or services;
d. An administrator and head of the Division of Business Administration and General Services who shall be known as the Chief
of Business Administration and General Services and who shall be a person qualified by training and experience to perform
the duties of the division;
e. An administrator and head of the Division of Planning, Research and Evaluation who shall be known as the Chief of Planning,
Research and Evaluation and who shall be a person qualified by training and experience to perform the duties of the division;
f. A Director of the Division of Child Support Enforcement, who shall be someone qualified by training, education, experience
or ability to perform the duties of Director;
g. A Director of the Division of Services for Aging and Adults with Physical Disabilities, who shall be someone qualified
by training, education, experience or ability to perform the duties of Director;
h. A Director of the Division of State Service Centers, who shall be someone qualified by training, education, experience
or ability to perform the duties of Director;
i. A Director of the Division of Long-Term Care Residents Protection, who shall be someone qualified by training, education,
experience or ability to perform the duties of Director;
(3) Appoint, with the written approval of the Governor, an administrator and head of the Office of Medical Examiner who shall
be known as the Medical Examiner of the State for a term of 10 years, subject to reappointment, but always subject to removal
for cause. The Medical Examiner shall be a physician licensed to practice in this State and shall be a board certified pathologist,
with preference given to applicants with training and experience in the field of forensic pathology;
(4) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such
limitations as may be imposed by law;
(5) Establish a Division of Business Administration and General Services in order to administer and coordinate the record
keeping, transportation, fiscal affairs, data processing, statistics, accounting, personnel and such other general services
for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department
and to coordinate such general services and business administration with other departments, agencies and offices of the government
of this State;
(6) Establish a Division of Planning, Research and Evaluation in order to provide for and carry out the future comprehensive
planning of the programs, policies and operations of the Department and the evaluation, necessary research, data collection
and analysis of the programs, policies and operations of the Department;
(7) Establish, consolidate, abolish, transfer or combine the powers, duties and functions of the divisions, subdivisions and
offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, providing that
all powers, duties and functions required by law shall be provided for and maintained;
(8) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services
of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical
and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable, in the performance
of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall
be provided pursuant to Chapter 25 of this title;
(9) Delegate any of the Secretary's powers, duties or functions to a director of a division, except the Secretary's power
to remove employees of the Department or to fix their compensation;
(10) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may
be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;
a. The Secretary shall, in cooperation with the appropriate division directors and office heads, adopt regulations which require
dementia specific training each year for persons who are certified, licensed, or registered by the State, and/or who are partially
or fully funded by the State, to provide direct healthcare services to persons diagnosed as having Alzheimer's disease or
other forms of dementia. The mandatory training must include the following topics:
1. Communicating with persons diagnosed as having Alzheimer's disease or other forms of dementia;
2. The psychological, social, and physical needs of those persons; and
3. Safety measures which need to be taken with those persons.
The mandatory training required under this paragraph applies only to those healthcare providers who must participate in continuing
education programs;
b. The provisions of paragraph (10)a. of this section do not apply to persons certified to practice medicine under the Medical
Practice Act, Chapter 17 of Title 24 or first responders including police officers, firefighters and emergency medical technicians.
(11) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;
(12) Adopt an official seal or seals for the Department;
(13) The Secretary in cooperation with the division directors shall prepare a proposed budget for the operation of the Department
to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the
limitations of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used
in accordance with approved programs, grants and appropriations;
(14) The Secretary shall be the successor to the State Board of Health exercising the powers and duties granted the Board
by Title 16 or § 7904 of this title, which are not inconsistent with the laws of this State;
(15) The Secretary is empowered to administer a state revolving loan program in accordance with requirements set forth in
the Federal Safe Drinking Water Act.
a. Delaware Safe Drinking Water Revolving Fund. -- There is hereby established a "Delaware Safe Drinking Water Revolving Fund"
as contemplated by and to be administered pursuant to the Federal Safe Drinking Water Act. All federal capitalization grants
received pursuant to the Federal Safe Drinking Water Act, all required matching state funds, and all loan repayments received
by the State pursuant to any loan agreement made under the Delaware Safe Drinking Water Revolving Fund shall be credited to
the Delaware Safe Drinking Water Revolving Fund. In addition, all proceeds of obligations issued by the State and supported
by a pledge or other interest in the funds in the Delaware Safe Drinking Water Revolving Fund shall be held in or for such
fund. The Delaware Safe Drinking Water Revolving Fund shall be deemed to be a special fund and shall be approved by the Governor
for the following purposes:
1. To accept and retain the funds and revenues specified herein;
2. To make loans to eligible persons for qualifying purposes under the Federal Safe Drinking Water Act;
3. To buy or refinance debt obligations of eligible persons for qualifying purposes under the Federal Safe Drinking Water
Act;
4. To guarantee or purchase insurance for obligations of eligible persons for qualifying purposes under the Safe Drinking
Water Act;
5. To be a source of revenue or security for the payment of principal and interest on revenue bonds of the State if the proceeds
of the sale of such bonds will be deposited in the Delaware Safe Drinking Water Revolving Fund;
6. To earn interest on amounts on deposit in such fund;
7. To establish all necessary interest bearing accounts for deposit of loan repayments;
8. To finance the reasonable costs incurred by the State in the administration of the Delaware Safe Drinking Water Revolving
Fund as permitted under the Federal Safe Drinking Water Act; and
9. To accomplish any other allowable purpose under the Federal Safe Drinking Water Act.
The Department is designated as the administering agency of the Delaware Safe Drinking Water Revolving Fund and shall have
such power necessary to administer such fund including, but not limited to, the power to enter into capitalization grant agreements
with the Environmental Protection Agency, the power to accept capitalization grant awards made under the Federal Safe Drinking
Water Act and the power to recommend the approval of loans from the fund to the Cabinet Committee on State Planning Issues
in accordance with the requirements of the Federal Safe Drinking Water Act, and Chapter 61 of this title, or any successor
statute. The Department shall coordinate implementation of the Delaware Safe Drinking Water Revolving Fund with the Delaware
Department of Natural Resources and Environmental Control which shall be responsible for financial administration of the loan
portion of the Drinking Water State Revolving Fund. The Department shall take all actions necessary to secure for the State
the benefits of the Federal Safe Drinking Water Act.
b. Standards and procedures. -- Before making any loan from the Delaware Safe Drinking Water Revolving Fund, the Department
shall specify:
1. Standards for the eligibility of borrowers and the type of projects to be financed with loans;
2. Procedures for the preparation, review and approval of the "project priority" list, which must contain those projects for
which financial assistance is sought;
3. Procedures for submitting applications for financial assistance and procedures for Department approval of such applications;
4. Procedures for completing an environmental review of projects otherwise qualifying under this subsection which shall be
sufficiently consistent with the provisions for environmental review established under applicable state and federal requirements;
5. Conditions for financial assistance; and
6. Other relevant criteria, standards and procedures.
Standards and procedures specified under this paragraph shall provide for a final approval by the Cabinet Committee on State
Planning Issues of any loan from the Delaware Safe Drinking Water Revolving Fund and the "project priority" list as required
by Chapter 61 of this title, or any successor statute.
29 Del. C. 1953, § 7903; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 58; 59 Del. Laws, c. 136, § 1; 59 Del. Laws, c. 273, § 1; 60 Del. Laws, c. 251, § 1; 61 Del. Laws, c. 274, § 1; 62 Del. Laws, c. 68, § 116; 62 Del. Laws, c. 86, § 11; 64 Del. Laws, c. 467, § 1; 65 Del. Laws, c. 89, § 2; 69 Del. Laws, c. 345, § 1; 70 Del. Laws, c. 149, § 220; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 212, § 1; 71 Del. Laws, c. 290, § 3; 71 Del. Laws, c. 486, § 3; 71 Del. Laws, c. 489, § 1; 73 Del. Laws, c. 41, § 1; 73 Del. Laws, c. 68, § 4; 77 Del. Laws, c. 246, § 1.;
§ 7904. Division of Public Health; Department of Health and Social Services.
(a) There is hereby established the Division of Public Health under the direction and control of the Secretary of the Department
of Health and Social Services for the purpose of protecting and promoting the health of the people.
(b) "Core public health and preventive services" as used in this section are those activities that lay the groundwork for
health communities. They are activities that protect people from diseases and injury. They include activities that: (i) prevent
and control communicable disease epidemics; (ii) promote healthy behaviors to control chronic disease; (iii) monitor the health
of the population through data analysis and epidemiological studies; (iv) result in policies to promote the health of the
public; (v) assure quality health services and systems for the population; (vi) result in the setting of standards for the
protection of the public's health; (vii) provide assistance during disasters; (viii) assess environmental health risks; and
(ix) offer health protection strategies to environmental control agencies.
(c) The mission of the Division is to protect and promote the health of the people. The Division's responsibilities include
the following:
(1) Monitor and assess the health status of the population of the State.
(2) Use scientific knowledge as the basis to promote public policy to protect the health of the people.
(3) Perform duties and functions as may be necessary to assure the protection of the public's health.
(d) The Division shall provide core public health and preventive services that include the following:
(1) Advocate for and facilitate a strong public health delivery system that assures all Delaware citizens have access to core
public health and preventive services.
(2) Serve as the focal point in bringing together public and private entities to create public health objectives and strategies
for Delaware.
(3) Facilitate and support community efforts, including the creation of public/private partnerships, for the prevention of
disease and injury and the promotion of health.
(4) Monitor the health of the population through the collection and analysis of data on health status, including epidemiological
and other studies of health problems.
(5) Develop and provide information on the prevention and control of health problems affecting the population, including environmentally-related
illness, communicable disease, chronic disease, injury and such other problems as may affect the public's health.
(e) The Secretary of the Department of Health and Social Services shall receive and disburse all funds available to the State
from any source including, but not limited to, the United States Government, to be used for the benefit of the public health,
unless the receipt and disbursal of such funds is otherwise provided by law.
(f) The Director of the Division shall be the State Health Officer and State Registrar of Vital Statistics and shall have
the power to perform and shall be responsible for the performance of all of the powers, duties and functions as delegated
to the Director by the Secretary of the Department of Health and Social Services.
(g) The Division is authorized to operate the following programs for which a fee for service is charged to cover the cost
of the program: Child Health, Vanity Birth Certificate, Public Water, Medicaid Enhancements, Infant Mortality, Medicaid Aids
Waiver, Children with Special Needs, Family Planning, Newborn, Indirect Costs, Vaccines, Food Inspection, Medicaid Contractors/Lab
Testing and Analysis, Tuberculosis (TB), Sexually Transmitted Diseases (STD), Child Development Watch, Preschool Diagnostic
and Development Nursery (PDDN), Home Visits, Food Permit, Water Operator Certification, Long-Term Care Prospective Payment,
Long-Term Care IV Therapy, and Health Statistics. Notwithstanding the provisions of § 6102 of this title, the Division shall
be allowed to collect and expend fees from the aforementioned accounts except that the Children with Special Needs and Child
Health programs shall continue to deposit 30 percent of program collections to the General Fund.
29 Del. C. 1953, § 7904; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 58A; 60 Del. Laws, c. 207, § 1; 60 Del. Laws, c. 511, § 65; 60 Del. Laws, c. 716, § 1; 60 Del. Laws, c. 722, § 3; 62 Del. Laws, c. 68, § 117; 62 Del. Laws, c. 86, § 12; 70 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 149, § 224; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 310, § 15.;
§ 7905. Office of Women's Health.
(a) The Office of Women's Health is hereby established within the Division of Public Health, Delaware Health and Social Services.
(b) Definitions:
(1) "Office", as used in this section, refers to the Office of Women's Health.
(2) "Division Director", as used in this section, means the Director of the Division of Public Health.
(3) "Director", as used in this section, means the Director of the Office of Women's Health.
(4) "Secretary", as used in this section, means the Secretary of Health and Social Services.
(c) The Office is established to address women's health issues across the lifespan for the following purposes:
(1) To facilitate appropriate forums, programs or initiatives designed to educate the public regarding women's health and
health lifestyles.
(2) To assist the Division Director in identifying, coordinating and establishing priorities for programs, services and resources
the State should provide for women's health issues across the lifespan, including concerns relating to reproductive, menopausal
and postmenopausal phases of a woman's life.
(3) To serve as a resource for information regarding women's health data, strategies, services and programs that address women's
health issues across the lifespan.
(4) To provide relevant research information and data conducted or compiled by Delaware Health and Social Services and/or
other entities in collaboration with the Department.
(5) To seek funding from private or governmental entities to carry out the purposes of this chapter.
(6) To prepare materials for publication and dissemination to the public on women's health.
(7) To conduct public educational forums in Delaware to raise public awareness and to educate citizens about women's health
programs, issues and services.
(8) To coordinate the activities and programs of the Office with other entities that focus on women's health or women's issues,
including but not limited to other state agencies.
(d) The structure of the Office of Women's Health will be determined by Delaware Health and Social Services, including:
(1) The Director of the Office; and
(2) Other employees that are deemed necessary.
73 Del. Laws, c. 119, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 106, § 8.;
§ 7905A. Office of Women's Health.
Transferred to § 7905 of this title.
§ 7906. Community services.
There are established within the Department of Health and Social Services the programs and functions of community services
involving all of the powers, duties and functions heretofore performed within the former Department of Community Affairs pursuant
to § 4 of Executive Order Number 123 dated December 29, 1982.
68 Del. Laws, c. 149, § 1.;
§ 7907. Delaware Nursing Home Residents Quality Assurance Commission.
(a) There is established a Delaware Nursing Home Resident's Quality Assurance Commission. The Commission shall be composed
as follows:
(1) One member appointed by the Speaker of the House;
(2) One member appointed by the President Pro-Tem of the Senate;
(3) Eight members appointed by the Governor. One of the members appointed by the Governor shall be a representative of the
"protection and advocacy agency" as defined in § 1102 of Title 16. The remaining members shall include representatives of
the following: consumers of nursing home services, nursing home providers, health care professionals, law enforcement personnel
and advocates for the elderly. One of the Governor's initial appointees shall have been a member of the Council on Long Term
Care Facilities;
(4) One member of the Long Term Care Association appointed by the Speaker of the House;
(5) One member of the Hospital Association appointed by the President Pro Tempore of the Senate.
(b) At least 6 but no more than 7 members of the Commission shall be affiliated with 1 of the major political parties and
at least 5, but no more than 6, of the members shall be affiliated with the other major political party; provided, however,
there shall be no more than a bare majority representation of one major political party over the other major political party.
Membership on the Commission shall be geographically distributed so that there shall be members of the Commission from each
of the 3 counties and the City of Wilmington.
(c) The members appointed by the Speaker and the President Pro-Tem shall serve at the pleasure of their appointing authorities.
Initial appointments of the members appointed by the Governor shall be as follows: 2 members for a 1-year term; 3 members
for a 2-year term; and 3 members for a 3-year term. Each succeeding term shall be for 3 years. The Chairperson of the Commission
shall be designated by the Governor.
(d) The Division of Long-Term Care Resident Protection shall furnish staff for the Commission and the Attorney General's office
shall provide legal advice.
(e) The purpose of this Commission is to monitor Delaware's quality assurance system for nursing home residents in both privately
operated and state operated facilities so that complaints of abuse, neglect, mistreatment, financial exploitation and other
complaints are responded to in a timely manner so as to ensure the health and safety of nursing home residents.
(f) The Commission shall meet at a minimum, on a quarterly basis.
(g) The duties of the Commission shall include:
(1) Examination of policies and procedures and evaluation of the effectiveness of the quality assurance system for nursing
home residents, including the respective roles of the Department, the Attorney General's Office and law enforcement agencies
as well as health care professionals and nursing home providers.
(2) The monitoring of data and analysis of trends in the quality of care and quality of life of individuals receiving long
term care in Delaware;
(3) The review and making of recommendations to the Governor, Secretary and the General Assembly concerning the quality assurance
system as well as improvements to the overall quality of life and quality of care of nursing home residents.
(4) The protection of the privacy of nursing home residents including following the guidelines for confidentiality of records
to be established by the Division of Long-Term Care Resident Protection.
(h) The Commission shall prepare and publish an annual report to the Governor, the Secretary and the General Assembly. This
annual report shall include aggregate data with comprehensive analysis and monitoring of trends in the quality of care and
quality of life of nursing home residents.
(i) Members of the Commission shall serve without compensation; however, they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
29 Del. C. 1953, § 7907; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 62; 60 Del. Laws, c. 207, § 1; 66 Del. Laws, c. 315, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 199, § 1; 74 Del. Laws, c. 132, §§ 1, 2; 75 Del. Laws, c. 89, § 195; 77 Del. Laws, c. 201, § 17.;
§ 7908. Division of Substance Abuse and Mental Health.
The Division of Substance Abuse and Mental Health is established having the power to perform and shall be responsible for
the performance of all of the powers, duties and functions heretofore vested in the Board of Trustees of the Department of
Mental Health and the Department of Mental Health pursuant to Chapters 51, 53, 55, 57, 59 and 61 of Title 16.
29 Del. C. 1953, § 7908; 57 Del. Laws, c. 301, § 1; 60 Del. Laws, c. 677, § 1; 64 Del. Laws, c. 467, § 1; 73 Del. Laws, c. 41, § 1.;
§ 7909. Advisory Council to the Division of Substance Abuse and Mental Health.
(a) There is established an Advisory Council to the Division of Substance Abuse and Mental Health to serve in an advisory
capacity to the Director of the Division of Substance Abuse and Mental Health. It shall consider matters related to alcoholism,
drug abuse, mental health and any other matters that may be referred to it by the Governor or the Department of Health and
Social Services. The Council may study, research, plan and advise the Director, Secretary, General Assembly and the Governor
on matters it deems appropriate to enable the Division and the Department to function in the best possible manner.
(b) The Council shall be composed of 17 members who shall be appointed for 3 year terms by the Governor. The members of the
Council shall be eligible to serve more than 1 term. Consideration for appointment should be given to those who have a particular
interest or expertise in the areas of substance abuse and mental health.
(c) At least 6, but not more than 8, members of the Council shall be affiliated with 1 of the major political parties and
at least 5, but not more than 7, of the newly appointed members shall be affiliated with the other major political party.
Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a member
of the Council.
(d) Members of the Council shall serve without compensation; however, they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(e) A chairperson and vice chairperson of the Council shall be chosen by the Council membership for a term of 1 year. Persons
chosen for these positions shall be eligible for reelection at the end of their term.
(f) The Council may adopt its own bylaws subject to the approval of the Director of the Division of Substance Abuse and Mental
Health and the Secretary of the Department of Health and Social Services.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
29 Del. C. 1953, § 7909; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 63; 60 Del. Laws, c. 677, § 1; 64 Del. Laws, c. 467, § 10; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 41, § 1.;
§ 7909A. Division of Developmental Disabilities Services.
(a) There is hereby established the Division of Developmental Disabilities Services, previously referred to as the Division
of Mental Retardation, under the direction and control of the Secretary of the Department of Health and Social Services.
(b) The mission of the Division of Developmental Disabilities Services is to provide services and supports to individuals
with developmental disabilities and their families which enable them to make informed choices that lead to an improved quality
of life and meaningful participation in their communities.
(c) The Division of Developmental Disabilities Services shall have the following powers and duties:
(1) Provide community-based services including family supports, advocacy, foster care placements, respite, neighborhood homes,
supported living, vocational and supported employment opportunities and day habilitation services;
(2) Provide case management, nursing, behavioral services, therapy and other professional supports needed to assist individuals
in achieving their goal(s);
(3) Provide early intervention services to families so as to prevent or minimize developmental delays in children at risk
who are ages 0-3; and
(4) Provide intermediate care facility residential services.
(d) The Division of Developmental Disabilities Services shall ensure the investigation of complaints of abuse, neglect, mistreatment
and financial exploitation. Such investigations may be in coordination with the Attorney General's Office, law enforcement
or other appropriate agencies.
(e) The Division of Developmental Disabilities Services shall be authorized to promulgate rules and regulations to implement
this statute.
60 Del. Laws, c. 677, § 2; 73 Del. Laws, c. 97, § 6[5].;
§ 7910. Advisory Council to the Division of Developmental Disabilities Services.
(a) There is established the Advisory Council to the Division of Developmental Disabilities Services.
(b) The Advisory Council to the Division of Developmental Disabilities Services shall serve in an advisory capacity to the
Director of the Division of Developmental Disabilities Services and shall consider matters relating to persons diagnosed with
mental retardation or specific developmental disabilities in the State and such matters as may be referred to it by the Governor,
Secretary of the Department or Director of the Division of Developmental Disabilities Services. The Council may study, research,
plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function
in the best possible manner.
(c) The Advisory Council to the Division of Developmental Disabilities Services shall be composed of 7 members who shall be
appointed for 3-year terms by the Governor.
(d) At least 3, but no more than 4, of the members of the Council shall be affiliated with 1 of the major political parties
and at least 2, but no more than 3, of the members shall be affiliated with the other major political party; provided, however,
that there shall be no more than a bare majority representation of 1 major political party over the other major political
party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a
member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that
capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled only for
the remainder of the term.
29 Del. C. 1953, § 7910; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 64; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 97, § 7[6].;
§ 7911. Division of Social Services.
The Division of Social Services is established having the power to perform and shall be responsible for the performance of
all the powers, duties and functions heretofore vested in the Department of Public Welfare and the Board of Welfare, pursuant
to Chapter 1, Subchapters I, III, IV, and VI of Chapter 3, and Chapters 5, 9, and 11 of Title 31.
29 Del. C. 1953, § 7911; 57 Del. Laws, c. 301, § 1; 61 Del. Laws, c. 329, § 1; 64 Del. Laws, c. 108, § 2; 69 Del. Laws, c. 345, § 7.;
§ 7912. Council on Family Services.
(a) There is established the Council on Family Services.
(b) [Repealed.]
(c) The Council on Family Services shall be composed of 7 members who shall be appointed for 3-year terms by the Governor.
(d) At least 3, but no more than 4, members of the Council shall be affiliated with 1 of the major political parties and at
least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided,
however, that there shall be no more than a bare majority representation of 1 major political party over the other major political
party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a
member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that
capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
29 Del. C. 1953, § 7912; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 65; 64 Del. Laws, c. 108, § 2; 70 Del. Laws, c. 186, § 1.;
§ 7913. Council on the Blind.
(a) There is established the Council on the Blind.
(b) The Council on the Blind shall serve in an advisory capacity to the Administrator of the Division for the Visually Impaired
and shall consider matters relating to the general supervision and control of the education, training and welfare of blind
persons residing in the State. The Council shall also consider such other matters as may be referred to it by the Governor,
the Secretary of the Department or the Administrator of the Division for the Visually Impaired. The Council may study, research,
plan and advise the Administrator, Secretary and Governor on matters it deems appropriate to enable the Division to function
in the best possible manner.
(c) The Council on the Blind shall be composed of 7 members who shall be appointed for 3-year terms by the Governor.
(d) At least 3, but no more than 4, members of the Council shall be affiliated with 1 of the major political parties and at
least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided,
however, there shall be no more than a bare majority representation of 1 major political party over the other major political
party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a
member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that
capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
29 Del. C. 1953, § 7913; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 66; 61 Del. Laws, c. 329, § 2; 70 Del. Laws, c. 186, § 1.;
§ 7914. Volunteer services.
There are established within the Department of Health and Social Services the programs and functions of volunteer services
involving all of the powers, duties and functions heretofore performed within the Division of Volunteer Services of the Department
of Community Affairs pursuant to former § 8629 [repealed] of Title 29, as follows, which shall be performed by the Director,
or the Director's duly authorized designee, with the approval of the Secretary:
(1) Encourage and enable persons from all walks of life and from all age groups to perform constructive volunteer services;
(2) Establish methods for supporting and promoting private sector leadership and responsibility for meeting public needs;
(3) Promote communication and collaboration between public and private volunteer programs in the State and between the State
and the private sector's initiatives in meeting human needs;
(4) Develop, implement and maintain a volunteer clearing house to disseminate information on volunteer opportunities in the
State;
(5) Develop strategies for more effective contributions of time, talent and resources for community projects by businesses,
foundations, religious and civic groups and others;
(6) Collect, maintain and share information on private initiatives, community, partnerships and creative solutions undertaken
by businesses, foundations, voluntary organizations, religious institutions and other private sector groups in the State,
in order to promote their broader use;
(7) Provide, or arrange for training and technical assistance to public and private organizations engaged in volunteer recruitment
and programming;
(8) Develop, implement and maintain a State plan for public recognition and support of individual volunteer efforts and successful
or promising private sector initiatives and public/private partnerships which address community needs;
(9) Identify obstacles to private sector initiatives and citizen participation and develop resources and systems which not
only eliminate such obstacles but which also provide new incentives to encourage citizens and the private sector to volunteer
and/or undertake new community service initiatives;
(10) Directly administer those statewide volunteer programs which are currently administered within the Department of Health
and Social Services and any other such volunteer program which may subsequently be assigned to this Department by the Governor
or the General Assembly;
(11) Serve as the State's liaison to the Federal ACTION Agency and to other appropriate national and state organizations which
relate to this section; and
(12) Assume such other powers, duties and functions as the Secretary may assign which are in keeping with this section and
not otherwise inconsistent with the law.
68 Del. Laws, c. 149, § 3; 69 Del. Laws, c. 114, § 1; 70 Del. Laws, c. 186, § 1.;
§ 7914A. The Governor's Commission on Community and Volunteer Services.
(a) The Governor's Commission on Community and Volunteer Services is established and shall serve in an advisory capacity to
the Administrator of the State Office of Volunteerism and shall consider matters relating to volunteer services in this State
and such other matters as may be referred to it by the Governor, the Secretary of the Department of Health and Social Services,
the Director of the Division of State Service Centers or the Administrator of the State Office of Volunteerism. The Governor's
Commission on Community and Volunteer Services merges the functions and representation of the Governor's Council on Volunteer
Services with the Delaware Community Service Commission. The Commission may study, research, plan and advise the Administrator,
the Director, the Secretary and the Governor on matters it deems appropriate to enable the State Office of Volunteerism to
function in the best possible manner.
(b) The Governor's Commission on Community and Volunteer Services shall be composed of 15-25 voting members, to include:
(1) One representative from each of the committees which serve in an advisory capacity to the volunteer programs that are
directly administered by the State Office of Volunteerism; and
(2) Up to 22 representatives reflecting the broad diversity of the State, including members from the public sector, the private
nonprofit sector and the business community.
(c) Members of the Commission shall be appointed by the Governor in accordance with 42 U.S.C. § 12501. The initial terms of
the members shall be staggered. Seven members shall be appointed for an initial term of 3 years, 7 members shall be appointed
for an initial term of 2 years, and 3 members shall be appointed for an initial term of 1 year. Thereafter, all terms shall
be for 3 years. Members shall be eligible for reappointment to no more than 2 additional consecutive terms.
(d) Members of the Commission shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Commission, to the extent that funds are available therefor and in accordance
with state law.
(e) A chairperson of the Commission shall be chosen by the members of the Commission from among its members and shall serve
in that capacity for a term of 1 year and shall be eligible for reelection to not more than 2 additional consecutive terms.
(f) Any vacancy among the members of the Commission shall be filled by the Governor for the balance of the unexpired term.
Unexcused absence by a Commission member from either 3 consecutive meetings or any 4 out of 12 consecutive meetings shall
constitute an executed resignation from the Commission by a member.
64 Del. Laws, c. 313, § 3; 68 Del. Laws, c. 149, §§ 4, 5; 71 Del. Laws, c. 305, §§ 1-6; 74 Del. Laws, c. 313, §§ 1-9.;
§ 7915. Council on Services for Aging and Adults with Physical Disabilities.
(a) There is established the Council on Services for Aging and Adults with Physical Disabilities.
(b) The Council on Services for Aging and Adults with Physical Disabilities shall serve in an advisory capacity to the Director
of the Division of Services for the Aging and Adults with Physical Disabilities and shall consider matters relating to the
formation of local community councils for the aging and for adults with physical disabilities, programs and projects in this
State to benefit the aging and adults with physical disabilities and such other matters as may be referred to it by the Governor,
the Secretary of the Department or the Director of the Division of Services for the Aging and Adults with Physical Disabilities.
The Council may study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate
to enable the Division to function in the best possible manner.
(c) The Council on Services for Aging and Adults with Physical Disabilities shall be composed of 22 members who shall be appointed
for 3-year terms by the Governor. The terms of the Council members shall be staggered in such a manner as will insure, as
nearly as possible, an equal and uniform number of vacancies arising each year. Eleven members of the Council shall be comprised
of aging consumers apportioned as follows: 1 aging consumer each from New Castle County, excluding Wilmington, Kent County,
Sussex County and Wilmington and 3 at-large members who may reside anywhere in the State. There shall also be 4 representatives
of public and/or nonprofit agencies that serve aging consumers who may reside anywhere in the State. Eleven members shall
represent adults with physical disabilities to be apportioned as follows: 1 consumer with physical disabilities from New Castle
County, excluding Wilmington, Kent County, Sussex County and Wilmington, and 3 at-large consumers with physical disabilities
who may reside anywhere in the State. There shall also be 4 representatives of public and/or nonprofit agencies that serve
adults with physical disabilities who may reside anywhere in the State.
(d) At least 10, but no more than 12, members of the Council shall be affiliated with 1 of the major political parties, and
at least 8, but no more than 10, members of the Council shall be affiliated with the other major political party; provided,
however, that there shall be no more than a bare majority representation of 1 major political party over the other major political
party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the
Council. The Council membership shall be composed of representatives in the following areas: aging consumers, representatives
of public and/or nonprofit agencies that serve aging consumers, consumers with a physical disability, low income older persons,
low income persons with a physical disability, minority older persons and minority persons with a physical disability and
representatives of public and/or nonprofit agencies that serve adults with physical disabilities. Each Council member can
be representative of more than 1 area, but no Council member shall be representative of more than 3 areas.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members, except that the office
shall rotate between consumer representatives of the aging community and consumer representatives of adults with physical
disabilities. In its 1st year of operation, the Council shall be chaired by a representative of the aging community. In its
2nd year of operation, the Council shall be chaired by a consumer representative of adults with physical disabilities. Thereafter,
the chairperson shall alternate and shall serve a 2-year term. A chairperson shall be eligible to serve 2 nonconsecutive
terms.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
(h) Members who are absent from more than 3 consecutive meetings, unless excused by the Council, shall be discharged from
the Council by the Council Chairperson.
(i) There shall be 2 permanent subcommittees of the Council, in addition to any other committees that are established. Representatives
of adults with physical disabilities shall form 1 Subcommittee on Physical Disabilities. Representatives of the aging community
shall form a Subcommittee on Aging. The subcommittees shall meet as often as deemed necessary, in addition to the monthly
meetings of the full Council. All decisions made by the Council relative to policy and budget shall be made by the full Council.
Staff assistance shall be given to the subcommittees as well as to the full Council.
29 Del. C. 1953, § 7915; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 68; 60 Del. Laws, c. 525, §§ 1-3; 62 Del. Laws, c. 318, §§ 1-4; 66 Del. Laws, c. 47, §§ 1-5; 69 Del. Laws, c. 345, § 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 228, §§ 1-3.;
§ 7915A. Appointments to advisory commissions, boards and committees involved with the elderly.
The Governor, when making appointments to any advisory commission, board or committee, created by this chapter, which does
or may have jurisdiction over or advisory status with state assisted activities for the elderly, shall appoint at least 1
senior citizen. For the purpose of this section a senior citizen shall be a person who was 62 years of age or more on his/her
last birthday.
63 Del. Laws, c. 102, § 1.;
§ 7916. Office of Medical Examiner.
The Office of Medical Examiner is established having the power to perform and shall be responsible for the performance of
all powers, duties and functions heretofore vested in the Board of Postmortem Examiners for the State of Delaware pursuant
to Chapter 47 of this title.
29 Del. C. 1953, § 7919; 57 Del. Laws, c. 301, § 1; 60 Del. Laws, c. 251, §§ 2, 3.;
§ 7917. Delaware Emergency Medical Service Advisory Council.
Transferred.
§ 7918. Drug Control Coordinator; duties; powers.
(a) The purpose of this section and of § 7919 [repealed] of this title is: (1) To develop programs for the prevention and
control of drug abuse and for the treatment and rehabilitation of drug abusers; and (2) to coordinate programs, both public
and private, to deal with the drug abuse problem.
(b) The Secretary of Health and Social Services shall appoint, with the written approval of the Governor, a Drug Control Coordinator
who shall serve at the pleasure of the Governor. The Drug Control Coordinator shall have experience in administration and
in the field of drug abuse and at least a master's degree or equivalent experience. The Secretary shall fix the salary of
the Coordinator at not less than $16,000 nor more than $22,000 per year.
(c) The Drug Control Coordinator shall:
(1) Coordinate the drug control efforts of state agencies;
(2) Coordinate the efforts of this State with those of local and municipal governments within this State and with those of
other states and the federal government;
(3) Assist private agencies and community organizations by providing needed coordination and information;
(4) Plan and supervise public information programs and assist with drug control programs in the public schools;
(5) Assist with the formulation and coordination of programs relating to the early diagnosis, treatment and rehabilitation
of drug abusers;
(6) Assist with the coordination of enforcement efforts by state, county and local enforcement officers;
(7) Assist with the formulation and coordination of training and information programs for state employees and others;
(8) Report on the Drug Control Coordinator's activities on a regular basis to the Secretary of Health and Social Services;
(9) Coordinate the efforts of this State to obtain federal funds available for drug control problems;
(10) Coordinate the overall state efforts with respect to the treatment, prevention and control of the use of dangerous drugs
and narcotics.
(d) The Drug Control Coordinator may:
(1) Employ personnel and purchase equipment and supplies as shall be necessary to carry out the purpose of this section;
(2) Require the cooperation of all other agencies in the executive branch of the state government concerned with drug control
problems.
29 Del. C. 1953, § 7921; 57 Del. Laws, c. 551, § 2; 60 Del. Laws, c. 251, §§ 2, 3; 70 Del. Laws, c. 186, § 1.;
§ 7919. Division of State Service Centers.
(a) There is hereby established the Division of State Service Centers under the direction and control of the Secretary of
the Department of Health and Social Services.
(b) The Division of State Service Centers shall be responsible for the operation of Service Centers throughout the State as
the General Assembly from time to time may provide for.
(c) The Division of State Service Centers shall coordinate the delivery of services and programs of various divisions within
the Department of Health and Social Services, other State agencies, and nonprofit providers who are co-located in State Service
Centers.
(d) The Division of State Service Centers shall report from time to time to the Secretary of the Department of Health and
Social Services concerning the effectiveness of delivery of services by State Service Centers.
(e) The mission of the Division of State Service Centers is to alleviate crises, to foster self-sufficiency for vulnerable
families, to provide volunteer and community service opportunities for all Delawareans and to address the causes and conditions
of poverty.
(f) The Division of State Service Centers shall operate the State Office of Volunteerism, the Office of Community Services
and the Office of Family Support.
(g) The Division of State Service Centers shall serve as a safety net for Delawareans by facilitating individual and community
partnerships for the delivery of human services, and by advocating for vulnerable families.
(h) The Division of State Service Centers shall have the power to promulgate rules and regulations to implement this section.
(i) The Division of State Service Centers is authorized to solicit and accept contributions, grants, gifts and bequests from
organizations including, but not limited to, private foundations or alliances, non-public agencies, institutions, organizations
or businesses. All funds generated shall be retained by the Division of State Service Centers in order to defray costs associated
with the volunteer and community service activities and events of the Division of State Service Centers. Funds received will
not be used for employee salaries or benefits. All funds received are subject to audit by the Department of Health and Social
Services and the Office of Management and Budget, and employees of the Division of State Service Centers are bound by § 5806
of this title when engaging in fundraising activities.
(j) All employees of Family Visitation Centers operated by the Division, either directly or through contractual agreement,
shall be certified as to whether:
(1) The individual is named in the Central Register as the perpetrator of a reported case of child abuse. Costs associated
with obtaining the Child Abuse Registry information shall be borne by the State.
(2) The individual has cleared state and federal criminal history background checks. Costs associated with obtaining the criminal
history information shall be borne by the State for state employees.
The Division shall develop policies concerning the conditions of employment related to both Child Abuse Registry checks and
criminal history background checks.
71 Del. Laws, c. 290, § 1; 74 Del. Laws, c. 77, § 1; 75 Del. Laws, c. 88, § 21(13); 75 Del. Laws, c. 95, § 1; 75 Del. Laws, c. 273, § 1.;
§ 7919A. Advisory Council on State Service Centers.
Repealed by 77 Del. Laws, c. 106, § 9, effective July 6, 2009.
§ 7920. Division of Services for Aging and Adults with Physical Disabilities.
(a) There is hereby established the Division of Services for Aging and Adults with Physical Disabilities within the Department
of Health and Social Services.
(b) Definitions. --
(1) As used in this section, aging or elderly persons shall have the same meaning as older and eligible individuals as defined
in the Older Americans Act, 42 U.S.C. § 3001 et seq.
(2) As used in this section, adults with physical disabilities shall include persons who are age 18 or older; whose physical
condition is anticipated to last 12 months or more; whose physical condition affects their ability to live independently;
and who need ongoing assistance with daily living. Persons receiving primary case management services from other state agencies,
if eligible, may receive services from the Division of Services for Aging and Adults with Physical Disabilities. Persons who
have an assigned case manager from another state agency shall retain that case manager as a primary.
(c) The objective of the Division of Services for Aging and Adults with Physical Disabilities is to improve or maintain the
quality of life for residents of Delaware at least 18 years of age with physical disabilities, or who are elderly. The Division
is committed to the development and delivery of consumer-driven services. As such, these services will maximize independence
through individual choice in the least restrictive environment possible, enable adults with physical disabilities and those
who are elderly to continue living active and productive lives, and protect those who may be vulnerable and at risk.
(d) The Division shall have the following duties and functions:
(1) Serve as the focal point for the assessment, planning and development of service delivery systems designed to meet the
needs of adults with physical disabilities and those who are elderly;
(2) Serve as an advocate for the needs of the elderly and adults with physical disabilities by supporting the individual,
family and others who serve as the individual's support system through the provision and coordination of services designed
to maximize independent living in the least restrictive manner possible;
(3) Provide information and training to those in the private and public sectors to increase awareness and encourage development
of systems and services critical to improving the quality of life for the aging and adults with physical disabilities;
(4) Facilitate a strong service delivery system through promoting the creation of public/private partnerships which shall
serve to develop, combine and maximize appropriate resources;
(5) Receive and disburse all funds available to the State from any source, including but not limited to the United States
Government, to be used for the benefit of the aging and adults with physical disabilities, unless the receipt and disbursal
of such funds is otherwise provided by law;
(6) Carry out a formal evaluation of the program to include, but not be limited to, organization, services, coordination,
customer satisfaction, training and the role of the Advisory Council and its subcommittees after 2 years of operation, and
report to the Secretary, the General Assembly and the Governor. In addition, the Division shall annually prepare a report
on service requests, requests fulfilled, requests that could not be met and why and observed gaps in service delivery for
the Secretary and the General Assembly; and
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(a) The administrator and head of the Department shall be the Secretary of the Department of Health and Social Services, who
shall be a person qualified by training and experience to perform the duties of the office. The Secretary shall be appointed
by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Secretary
shall be paid an annual salary not in excess of $34,000. The Secretary of the Department of Health and Social Services shall
become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause
shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall
continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency
shall be an automatic resignation from said office.
(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position
of Deputy Secretary if vacant. A Deputy Secretary so appointed shall serve at the pleasure of the Governor and upon the position
of Secretary being filled such Deputy Secretary may be removed from office by the Secretary with the written approval of the
Governor.
(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a
successor, the Governor may appoint the Deputy Secretary or the director of any division of the Department to serve as Acting
Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or the director of any division
of the Department to serve as Acting Secretary during such absence. In either case the Acting Secretary shall have all the
powers and perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is
duly qualified and appointed.
29 Del. C. 1953, § 7902; 57 Del. Laws, c. 301, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 140, § 1; 73 Del. Laws, c. 68, §§ 1-3.;
§ 7903. Powers, duties and functions of the Secretary.
The Secretary may:
(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices,
functions and employees;
(2) Appoint and fix the salary, with the written approval of the Governor, of the Deputy Secretary and the following division
directors and office heads, who may be removed from office by the Secretary with the written approval of the Governor, and
who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned
by the Secretary:
a. A Director of the Division of Public Health, who shall be known as the Director of Public Health, and who shall be a licensed
physician who shall have had at least 1 year of postgraduate training in public health, or in lieu thereof at least 5 years
of experience as a full-time health official;
b. A Director of the Division of Substance Abuse and Mental Health, who shall be known as the Director of Mental Health, and
who shall be qualified by appropriate formal education in a field such as psychiatric medicine, psychiatric nursing, clinical
psychology or psychiatric social work directly related to the care and treatment of the mentally ill or emotionally disturbed,
by direct experience in the care and treatment of mentally ill or emotionally disturbed persons and by demonstrated administrative
competence;
c. A Director of the Division of Social Services, who shall be known as the Director of Social Services, and who shall be
qualified by education, ability and experience in the administration of social work or services;
d. An administrator and head of the Division of Business Administration and General Services who shall be known as the Chief
of Business Administration and General Services and who shall be a person qualified by training and experience to perform
the duties of the division;
e. An administrator and head of the Division of Planning, Research and Evaluation who shall be known as the Chief of Planning,
Research and Evaluation and who shall be a person qualified by training and experience to perform the duties of the division;
f. A Director of the Division of Child Support Enforcement, who shall be someone qualified by training, education, experience
or ability to perform the duties of Director;
g. A Director of the Division of Services for Aging and Adults with Physical Disabilities, who shall be someone qualified
by training, education, experience or ability to perform the duties of Director;
h. A Director of the Division of State Service Centers, who shall be someone qualified by training, education, experience
or ability to perform the duties of Director;
i. A Director of the Division of Long-Term Care Residents Protection, who shall be someone qualified by training, education,
experience or ability to perform the duties of Director;
(3) Appoint, with the written approval of the Governor, an administrator and head of the Office of Medical Examiner who shall
be known as the Medical Examiner of the State for a term of 10 years, subject to reappointment, but always subject to removal
for cause. The Medical Examiner shall be a physician licensed to practice in this State and shall be a board certified pathologist,
with preference given to applicants with training and experience in the field of forensic pathology;
(4) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such
limitations as may be imposed by law;
(5) Establish a Division of Business Administration and General Services in order to administer and coordinate the record
keeping, transportation, fiscal affairs, data processing, statistics, accounting, personnel and such other general services
for the Department as the Secretary may deem necessary for the proper, efficient and economical operation of the Department
and to coordinate such general services and business administration with other departments, agencies and offices of the government
of this State;
(6) Establish a Division of Planning, Research and Evaluation in order to provide for and carry out the future comprehensive
planning of the programs, policies and operations of the Department and the evaluation, necessary research, data collection
and analysis of the programs, policies and operations of the Department;
(7) Establish, consolidate, abolish, transfer or combine the powers, duties and functions of the divisions, subdivisions and
offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, providing that
all powers, duties and functions required by law shall be provided for and maintained;
(8) Make and enter into any and all contracts, agreements or stipulations, and retain, employ and contract for the services
of private and public consultants, research and technical personnel and to procure by contract consulting, research, technical
and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable, in the performance
of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall
be provided pursuant to Chapter 25 of this title;
(9) Delegate any of the Secretary's powers, duties or functions to a director of a division, except the Secretary's power
to remove employees of the Department or to fix their compensation;
(10) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may
be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;
a. The Secretary shall, in cooperation with the appropriate division directors and office heads, adopt regulations which require
dementia specific training each year for persons who are certified, licensed, or registered by the State, and/or who are partially
or fully funded by the State, to provide direct healthcare services to persons diagnosed as having Alzheimer's disease or
other forms of dementia. The mandatory training must include the following topics:
1. Communicating with persons diagnosed as having Alzheimer's disease or other forms of dementia;
2. The psychological, social, and physical needs of those persons; and
3. Safety measures which need to be taken with those persons.
The mandatory training required under this paragraph applies only to those healthcare providers who must participate in continuing
education programs;
b. The provisions of paragraph (10)a. of this section do not apply to persons certified to practice medicine under the Medical
Practice Act, Chapter 17 of Title 24 or first responders including police officers, firefighters and emergency medical technicians.
(11) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;
(12) Adopt an official seal or seals for the Department;
(13) The Secretary in cooperation with the division directors shall prepare a proposed budget for the operation of the Department
to be submitted for the consideration of the Governor and the General Assembly. The Department shall be operated within the
limitations of the annual appropriation and any other funds appropriated by the General Assembly. Special funds may be used
in accordance with approved programs, grants and appropriations;
(14) The Secretary shall be the successor to the State Board of Health exercising the powers and duties granted the Board
by Title 16 or § 7904 of this title, which are not inconsistent with the laws of this State;
(15) The Secretary is empowered to administer a state revolving loan program in accordance with requirements set forth in
the Federal Safe Drinking Water Act.
a. Delaware Safe Drinking Water Revolving Fund. -- There is hereby established a "Delaware Safe Drinking Water Revolving Fund"
as contemplated by and to be administered pursuant to the Federal Safe Drinking Water Act. All federal capitalization grants
received pursuant to the Federal Safe Drinking Water Act, all required matching state funds, and all loan repayments received
by the State pursuant to any loan agreement made under the Delaware Safe Drinking Water Revolving Fund shall be credited to
the Delaware Safe Drinking Water Revolving Fund. In addition, all proceeds of obligations issued by the State and supported
by a pledge or other interest in the funds in the Delaware Safe Drinking Water Revolving Fund shall be held in or for such
fund. The Delaware Safe Drinking Water Revolving Fund shall be deemed to be a special fund and shall be approved by the Governor
for the following purposes:
1. To accept and retain the funds and revenues specified herein;
2. To make loans to eligible persons for qualifying purposes under the Federal Safe Drinking Water Act;
3. To buy or refinance debt obligations of eligible persons for qualifying purposes under the Federal Safe Drinking Water
Act;
4. To guarantee or purchase insurance for obligations of eligible persons for qualifying purposes under the Safe Drinking
Water Act;
5. To be a source of revenue or security for the payment of principal and interest on revenue bonds of the State if the proceeds
of the sale of such bonds will be deposited in the Delaware Safe Drinking Water Revolving Fund;
6. To earn interest on amounts on deposit in such fund;
7. To establish all necessary interest bearing accounts for deposit of loan repayments;
8. To finance the reasonable costs incurred by the State in the administration of the Delaware Safe Drinking Water Revolving
Fund as permitted under the Federal Safe Drinking Water Act; and
9. To accomplish any other allowable purpose under the Federal Safe Drinking Water Act.
The Department is designated as the administering agency of the Delaware Safe Drinking Water Revolving Fund and shall have
such power necessary to administer such fund including, but not limited to, the power to enter into capitalization grant agreements
with the Environmental Protection Agency, the power to accept capitalization grant awards made under the Federal Safe Drinking
Water Act and the power to recommend the approval of loans from the fund to the Cabinet Committee on State Planning Issues
in accordance with the requirements of the Federal Safe Drinking Water Act, and Chapter 61 of this title, or any successor
statute. The Department shall coordinate implementation of the Delaware Safe Drinking Water Revolving Fund with the Delaware
Department of Natural Resources and Environmental Control which shall be responsible for financial administration of the loan
portion of the Drinking Water State Revolving Fund. The Department shall take all actions necessary to secure for the State
the benefits of the Federal Safe Drinking Water Act.
b. Standards and procedures. -- Before making any loan from the Delaware Safe Drinking Water Revolving Fund, the Department
shall specify:
1. Standards for the eligibility of borrowers and the type of projects to be financed with loans;
2. Procedures for the preparation, review and approval of the "project priority" list, which must contain those projects for
which financial assistance is sought;
3. Procedures for submitting applications for financial assistance and procedures for Department approval of such applications;
4. Procedures for completing an environmental review of projects otherwise qualifying under this subsection which shall be
sufficiently consistent with the provisions for environmental review established under applicable state and federal requirements;
5. Conditions for financial assistance; and
6. Other relevant criteria, standards and procedures.
Standards and procedures specified under this paragraph shall provide for a final approval by the Cabinet Committee on State
Planning Issues of any loan from the Delaware Safe Drinking Water Revolving Fund and the "project priority" list as required
by Chapter 61 of this title, or any successor statute.
29 Del. C. 1953, § 7903; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 58; 59 Del. Laws, c. 136, § 1; 59 Del. Laws, c. 273, § 1; 60 Del. Laws, c. 251, § 1; 61 Del. Laws, c. 274, § 1; 62 Del. Laws, c. 68, § 116; 62 Del. Laws, c. 86, § 11; 64 Del. Laws, c. 467, § 1; 65 Del. Laws, c. 89, § 2; 69 Del. Laws, c. 345, § 1; 70 Del. Laws, c. 149, § 220; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 212, § 1; 71 Del. Laws, c. 290, § 3; 71 Del. Laws, c. 486, § 3; 71 Del. Laws, c. 489, § 1; 73 Del. Laws, c. 41, § 1; 73 Del. Laws, c. 68, § 4; 77 Del. Laws, c. 246, § 1.;
§ 7904. Division of Public Health; Department of Health and Social Services.
(a) There is hereby established the Division of Public Health under the direction and control of the Secretary of the Department
of Health and Social Services for the purpose of protecting and promoting the health of the people.
(b) "Core public health and preventive services" as used in this section are those activities that lay the groundwork for
health communities. They are activities that protect people from diseases and injury. They include activities that: (i) prevent
and control communicable disease epidemics; (ii) promote healthy behaviors to control chronic disease; (iii) monitor the health
of the population through data analysis and epidemiological studies; (iv) result in policies to promote the health of the
public; (v) assure quality health services and systems for the population; (vi) result in the setting of standards for the
protection of the public's health; (vii) provide assistance during disasters; (viii) assess environmental health risks; and
(ix) offer health protection strategies to environmental control agencies.
(c) The mission of the Division is to protect and promote the health of the people. The Division's responsibilities include
the following:
(1) Monitor and assess the health status of the population of the State.
(2) Use scientific knowledge as the basis to promote public policy to protect the health of the people.
(3) Perform duties and functions as may be necessary to assure the protection of the public's health.
(d) The Division shall provide core public health and preventive services that include the following:
(1) Advocate for and facilitate a strong public health delivery system that assures all Delaware citizens have access to core
public health and preventive services.
(2) Serve as the focal point in bringing together public and private entities to create public health objectives and strategies
for Delaware.
(3) Facilitate and support community efforts, including the creation of public/private partnerships, for the prevention of
disease and injury and the promotion of health.
(4) Monitor the health of the population through the collection and analysis of data on health status, including epidemiological
and other studies of health problems.
(5) Develop and provide information on the prevention and control of health problems affecting the population, including environmentally-related
illness, communicable disease, chronic disease, injury and such other problems as may affect the public's health.
(e) The Secretary of the Department of Health and Social Services shall receive and disburse all funds available to the State
from any source including, but not limited to, the United States Government, to be used for the benefit of the public health,
unless the receipt and disbursal of such funds is otherwise provided by law.
(f) The Director of the Division shall be the State Health Officer and State Registrar of Vital Statistics and shall have
the power to perform and shall be responsible for the performance of all of the powers, duties and functions as delegated
to the Director by the Secretary of the Department of Health and Social Services.
(g) The Division is authorized to operate the following programs for which a fee for service is charged to cover the cost
of the program: Child Health, Vanity Birth Certificate, Public Water, Medicaid Enhancements, Infant Mortality, Medicaid Aids
Waiver, Children with Special Needs, Family Planning, Newborn, Indirect Costs, Vaccines, Food Inspection, Medicaid Contractors/Lab
Testing and Analysis, Tuberculosis (TB), Sexually Transmitted Diseases (STD), Child Development Watch, Preschool Diagnostic
and Development Nursery (PDDN), Home Visits, Food Permit, Water Operator Certification, Long-Term Care Prospective Payment,
Long-Term Care IV Therapy, and Health Statistics. Notwithstanding the provisions of § 6102 of this title, the Division shall
be allowed to collect and expend fees from the aforementioned accounts except that the Children with Special Needs and Child
Health programs shall continue to deposit 30 percent of program collections to the General Fund.
29 Del. C. 1953, § 7904; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 58A; 60 Del. Laws, c. 207, § 1; 60 Del. Laws, c. 511, § 65; 60 Del. Laws, c. 716, § 1; 60 Del. Laws, c. 722, § 3; 62 Del. Laws, c. 68, § 117; 62 Del. Laws, c. 86, § 12; 70 Del. Laws, c. 148, § 1; 70 Del. Laws, c. 149, § 224; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 310, § 15.;
§ 7905. Office of Women's Health.
(a) The Office of Women's Health is hereby established within the Division of Public Health, Delaware Health and Social Services.
(b) Definitions:
(1) "Office", as used in this section, refers to the Office of Women's Health.
(2) "Division Director", as used in this section, means the Director of the Division of Public Health.
(3) "Director", as used in this section, means the Director of the Office of Women's Health.
(4) "Secretary", as used in this section, means the Secretary of Health and Social Services.
(c) The Office is established to address women's health issues across the lifespan for the following purposes:
(1) To facilitate appropriate forums, programs or initiatives designed to educate the public regarding women's health and
health lifestyles.
(2) To assist the Division Director in identifying, coordinating and establishing priorities for programs, services and resources
the State should provide for women's health issues across the lifespan, including concerns relating to reproductive, menopausal
and postmenopausal phases of a woman's life.
(3) To serve as a resource for information regarding women's health data, strategies, services and programs that address women's
health issues across the lifespan.
(4) To provide relevant research information and data conducted or compiled by Delaware Health and Social Services and/or
other entities in collaboration with the Department.
(5) To seek funding from private or governmental entities to carry out the purposes of this chapter.
(6) To prepare materials for publication and dissemination to the public on women's health.
(7) To conduct public educational forums in Delaware to raise public awareness and to educate citizens about women's health
programs, issues and services.
(8) To coordinate the activities and programs of the Office with other entities that focus on women's health or women's issues,
including but not limited to other state agencies.
(d) The structure of the Office of Women's Health will be determined by Delaware Health and Social Services, including:
(1) The Director of the Office; and
(2) Other employees that are deemed necessary.
73 Del. Laws, c. 119, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 106, § 8.;
§ 7905A. Office of Women's Health.
Transferred to § 7905 of this title.
§ 7906. Community services.
There are established within the Department of Health and Social Services the programs and functions of community services
involving all of the powers, duties and functions heretofore performed within the former Department of Community Affairs pursuant
to § 4 of Executive Order Number 123 dated December 29, 1982.
68 Del. Laws, c. 149, § 1.;
§ 7907. Delaware Nursing Home Residents Quality Assurance Commission.
(a) There is established a Delaware Nursing Home Resident's Quality Assurance Commission. The Commission shall be composed
as follows:
(1) One member appointed by the Speaker of the House;
(2) One member appointed by the President Pro-Tem of the Senate;
(3) Eight members appointed by the Governor. One of the members appointed by the Governor shall be a representative of the
"protection and advocacy agency" as defined in § 1102 of Title 16. The remaining members shall include representatives of
the following: consumers of nursing home services, nursing home providers, health care professionals, law enforcement personnel
and advocates for the elderly. One of the Governor's initial appointees shall have been a member of the Council on Long Term
Care Facilities;
(4) One member of the Long Term Care Association appointed by the Speaker of the House;
(5) One member of the Hospital Association appointed by the President Pro Tempore of the Senate.
(b) At least 6 but no more than 7 members of the Commission shall be affiliated with 1 of the major political parties and
at least 5, but no more than 6, of the members shall be affiliated with the other major political party; provided, however,
there shall be no more than a bare majority representation of one major political party over the other major political party.
Membership on the Commission shall be geographically distributed so that there shall be members of the Commission from each
of the 3 counties and the City of Wilmington.
(c) The members appointed by the Speaker and the President Pro-Tem shall serve at the pleasure of their appointing authorities.
Initial appointments of the members appointed by the Governor shall be as follows: 2 members for a 1-year term; 3 members
for a 2-year term; and 3 members for a 3-year term. Each succeeding term shall be for 3 years. The Chairperson of the Commission
shall be designated by the Governor.
(d) The Division of Long-Term Care Resident Protection shall furnish staff for the Commission and the Attorney General's office
shall provide legal advice.
(e) The purpose of this Commission is to monitor Delaware's quality assurance system for nursing home residents in both privately
operated and state operated facilities so that complaints of abuse, neglect, mistreatment, financial exploitation and other
complaints are responded to in a timely manner so as to ensure the health and safety of nursing home residents.
(f) The Commission shall meet at a minimum, on a quarterly basis.
(g) The duties of the Commission shall include:
(1) Examination of policies and procedures and evaluation of the effectiveness of the quality assurance system for nursing
home residents, including the respective roles of the Department, the Attorney General's Office and law enforcement agencies
as well as health care professionals and nursing home providers.
(2) The monitoring of data and analysis of trends in the quality of care and quality of life of individuals receiving long
term care in Delaware;
(3) The review and making of recommendations to the Governor, Secretary and the General Assembly concerning the quality assurance
system as well as improvements to the overall quality of life and quality of care of nursing home residents.
(4) The protection of the privacy of nursing home residents including following the guidelines for confidentiality of records
to be established by the Division of Long-Term Care Resident Protection.
(h) The Commission shall prepare and publish an annual report to the Governor, the Secretary and the General Assembly. This
annual report shall include aggregate data with comprehensive analysis and monitoring of trends in the quality of care and
quality of life of nursing home residents.
(i) Members of the Commission shall serve without compensation; however, they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
29 Del. C. 1953, § 7907; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 62; 60 Del. Laws, c. 207, § 1; 66 Del. Laws, c. 315, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 199, § 1; 74 Del. Laws, c. 132, §§ 1, 2; 75 Del. Laws, c. 89, § 195; 77 Del. Laws, c. 201, § 17.;
§ 7908. Division of Substance Abuse and Mental Health.
The Division of Substance Abuse and Mental Health is established having the power to perform and shall be responsible for
the performance of all of the powers, duties and functions heretofore vested in the Board of Trustees of the Department of
Mental Health and the Department of Mental Health pursuant to Chapters 51, 53, 55, 57, 59 and 61 of Title 16.
29 Del. C. 1953, § 7908; 57 Del. Laws, c. 301, § 1; 60 Del. Laws, c. 677, § 1; 64 Del. Laws, c. 467, § 1; 73 Del. Laws, c. 41, § 1.;
§ 7909. Advisory Council to the Division of Substance Abuse and Mental Health.
(a) There is established an Advisory Council to the Division of Substance Abuse and Mental Health to serve in an advisory
capacity to the Director of the Division of Substance Abuse and Mental Health. It shall consider matters related to alcoholism,
drug abuse, mental health and any other matters that may be referred to it by the Governor or the Department of Health and
Social Services. The Council may study, research, plan and advise the Director, Secretary, General Assembly and the Governor
on matters it deems appropriate to enable the Division and the Department to function in the best possible manner.
(b) The Council shall be composed of 17 members who shall be appointed for 3 year terms by the Governor. The members of the
Council shall be eligible to serve more than 1 term. Consideration for appointment should be given to those who have a particular
interest or expertise in the areas of substance abuse and mental health.
(c) At least 6, but not more than 8, members of the Council shall be affiliated with 1 of the major political parties and
at least 5, but not more than 7, of the newly appointed members shall be affiliated with the other major political party.
Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a member
of the Council.
(d) Members of the Council shall serve without compensation; however, they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(e) A chairperson and vice chairperson of the Council shall be chosen by the Council membership for a term of 1 year. Persons
chosen for these positions shall be eligible for reelection at the end of their term.
(f) The Council may adopt its own bylaws subject to the approval of the Director of the Division of Substance Abuse and Mental
Health and the Secretary of the Department of Health and Social Services.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
29 Del. C. 1953, § 7909; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 63; 60 Del. Laws, c. 677, § 1; 64 Del. Laws, c. 467, § 10; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 41, § 1.;
§ 7909A. Division of Developmental Disabilities Services.
(a) There is hereby established the Division of Developmental Disabilities Services, previously referred to as the Division
of Mental Retardation, under the direction and control of the Secretary of the Department of Health and Social Services.
(b) The mission of the Division of Developmental Disabilities Services is to provide services and supports to individuals
with developmental disabilities and their families which enable them to make informed choices that lead to an improved quality
of life and meaningful participation in their communities.
(c) The Division of Developmental Disabilities Services shall have the following powers and duties:
(1) Provide community-based services including family supports, advocacy, foster care placements, respite, neighborhood homes,
supported living, vocational and supported employment opportunities and day habilitation services;
(2) Provide case management, nursing, behavioral services, therapy and other professional supports needed to assist individuals
in achieving their goal(s);
(3) Provide early intervention services to families so as to prevent or minimize developmental delays in children at risk
who are ages 0-3; and
(4) Provide intermediate care facility residential services.
(d) The Division of Developmental Disabilities Services shall ensure the investigation of complaints of abuse, neglect, mistreatment
and financial exploitation. Such investigations may be in coordination with the Attorney General's Office, law enforcement
or other appropriate agencies.
(e) The Division of Developmental Disabilities Services shall be authorized to promulgate rules and regulations to implement
this statute.
60 Del. Laws, c. 677, § 2; 73 Del. Laws, c. 97, § 6[5].;
§ 7910. Advisory Council to the Division of Developmental Disabilities Services.
(a) There is established the Advisory Council to the Division of Developmental Disabilities Services.
(b) The Advisory Council to the Division of Developmental Disabilities Services shall serve in an advisory capacity to the
Director of the Division of Developmental Disabilities Services and shall consider matters relating to persons diagnosed with
mental retardation or specific developmental disabilities in the State and such matters as may be referred to it by the Governor,
Secretary of the Department or Director of the Division of Developmental Disabilities Services. The Council may study, research,
plan and advise the Director, the Secretary and the Governor on matters it deems appropriate to enable the Division to function
in the best possible manner.
(c) The Advisory Council to the Division of Developmental Disabilities Services shall be composed of 7 members who shall be
appointed for 3-year terms by the Governor.
(d) At least 3, but no more than 4, of the members of the Council shall be affiliated with 1 of the major political parties
and at least 2, but no more than 3, of the members shall be affiliated with the other major political party; provided, however,
that there shall be no more than a bare majority representation of 1 major political party over the other major political
party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a
member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that
capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled only for
the remainder of the term.
29 Del. C. 1953, § 7910; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 64; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 97, § 7[6].;
§ 7911. Division of Social Services.
The Division of Social Services is established having the power to perform and shall be responsible for the performance of
all the powers, duties and functions heretofore vested in the Department of Public Welfare and the Board of Welfare, pursuant
to Chapter 1, Subchapters I, III, IV, and VI of Chapter 3, and Chapters 5, 9, and 11 of Title 31.
29 Del. C. 1953, § 7911; 57 Del. Laws, c. 301, § 1; 61 Del. Laws, c. 329, § 1; 64 Del. Laws, c. 108, § 2; 69 Del. Laws, c. 345, § 7.;
§ 7912. Council on Family Services.
(a) There is established the Council on Family Services.
(b) [Repealed.]
(c) The Council on Family Services shall be composed of 7 members who shall be appointed for 3-year terms by the Governor.
(d) At least 3, but no more than 4, members of the Council shall be affiliated with 1 of the major political parties and at
least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided,
however, that there shall be no more than a bare majority representation of 1 major political party over the other major political
party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a
member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that
capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
29 Del. C. 1953, § 7912; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 65; 64 Del. Laws, c. 108, § 2; 70 Del. Laws, c. 186, § 1.;
§ 7913. Council on the Blind.
(a) There is established the Council on the Blind.
(b) The Council on the Blind shall serve in an advisory capacity to the Administrator of the Division for the Visually Impaired
and shall consider matters relating to the general supervision and control of the education, training and welfare of blind
persons residing in the State. The Council shall also consider such other matters as may be referred to it by the Governor,
the Secretary of the Department or the Administrator of the Division for the Visually Impaired. The Council may study, research,
plan and advise the Administrator, Secretary and Governor on matters it deems appropriate to enable the Division to function
in the best possible manner.
(c) The Council on the Blind shall be composed of 7 members who shall be appointed for 3-year terms by the Governor.
(d) At least 3, but no more than 4, members of the Council shall be affiliated with 1 of the major political parties and at
least 2, but no more than 3, of the newly appointed members shall be affiliated with the other major political party; provided,
however, there shall be no more than a bare majority representation of 1 major political party over the other major political
party. Any person who declines to announce such person's political affiliation shall also be eligible for appointment as a
member of the Council.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members and shall serve in that
capacity for a term of 1 year and shall be eligible for reelection.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
29 Del. C. 1953, § 7913; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 66; 61 Del. Laws, c. 329, § 2; 70 Del. Laws, c. 186, § 1.;
§ 7914. Volunteer services.
There are established within the Department of Health and Social Services the programs and functions of volunteer services
involving all of the powers, duties and functions heretofore performed within the Division of Volunteer Services of the Department
of Community Affairs pursuant to former § 8629 [repealed] of Title 29, as follows, which shall be performed by the Director,
or the Director's duly authorized designee, with the approval of the Secretary:
(1) Encourage and enable persons from all walks of life and from all age groups to perform constructive volunteer services;
(2) Establish methods for supporting and promoting private sector leadership and responsibility for meeting public needs;
(3) Promote communication and collaboration between public and private volunteer programs in the State and between the State
and the private sector's initiatives in meeting human needs;
(4) Develop, implement and maintain a volunteer clearing house to disseminate information on volunteer opportunities in the
State;
(5) Develop strategies for more effective contributions of time, talent and resources for community projects by businesses,
foundations, religious and civic groups and others;
(6) Collect, maintain and share information on private initiatives, community, partnerships and creative solutions undertaken
by businesses, foundations, voluntary organizations, religious institutions and other private sector groups in the State,
in order to promote their broader use;
(7) Provide, or arrange for training and technical assistance to public and private organizations engaged in volunteer recruitment
and programming;
(8) Develop, implement and maintain a State plan for public recognition and support of individual volunteer efforts and successful
or promising private sector initiatives and public/private partnerships which address community needs;
(9) Identify obstacles to private sector initiatives and citizen participation and develop resources and systems which not
only eliminate such obstacles but which also provide new incentives to encourage citizens and the private sector to volunteer
and/or undertake new community service initiatives;
(10) Directly administer those statewide volunteer programs which are currently administered within the Department of Health
and Social Services and any other such volunteer program which may subsequently be assigned to this Department by the Governor
or the General Assembly;
(11) Serve as the State's liaison to the Federal ACTION Agency and to other appropriate national and state organizations which
relate to this section; and
(12) Assume such other powers, duties and functions as the Secretary may assign which are in keeping with this section and
not otherwise inconsistent with the law.
68 Del. Laws, c. 149, § 3; 69 Del. Laws, c. 114, § 1; 70 Del. Laws, c. 186, § 1.;
§ 7914A. The Governor's Commission on Community and Volunteer Services.
(a) The Governor's Commission on Community and Volunteer Services is established and shall serve in an advisory capacity to
the Administrator of the State Office of Volunteerism and shall consider matters relating to volunteer services in this State
and such other matters as may be referred to it by the Governor, the Secretary of the Department of Health and Social Services,
the Director of the Division of State Service Centers or the Administrator of the State Office of Volunteerism. The Governor's
Commission on Community and Volunteer Services merges the functions and representation of the Governor's Council on Volunteer
Services with the Delaware Community Service Commission. The Commission may study, research, plan and advise the Administrator,
the Director, the Secretary and the Governor on matters it deems appropriate to enable the State Office of Volunteerism to
function in the best possible manner.
(b) The Governor's Commission on Community and Volunteer Services shall be composed of 15-25 voting members, to include:
(1) One representative from each of the committees which serve in an advisory capacity to the volunteer programs that are
directly administered by the State Office of Volunteerism; and
(2) Up to 22 representatives reflecting the broad diversity of the State, including members from the public sector, the private
nonprofit sector and the business community.
(c) Members of the Commission shall be appointed by the Governor in accordance with 42 U.S.C. § 12501. The initial terms of
the members shall be staggered. Seven members shall be appointed for an initial term of 3 years, 7 members shall be appointed
for an initial term of 2 years, and 3 members shall be appointed for an initial term of 1 year. Thereafter, all terms shall
be for 3 years. Members shall be eligible for reappointment to no more than 2 additional consecutive terms.
(d) Members of the Commission shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Commission, to the extent that funds are available therefor and in accordance
with state law.
(e) A chairperson of the Commission shall be chosen by the members of the Commission from among its members and shall serve
in that capacity for a term of 1 year and shall be eligible for reelection to not more than 2 additional consecutive terms.
(f) Any vacancy among the members of the Commission shall be filled by the Governor for the balance of the unexpired term.
Unexcused absence by a Commission member from either 3 consecutive meetings or any 4 out of 12 consecutive meetings shall
constitute an executed resignation from the Commission by a member.
64 Del. Laws, c. 313, § 3; 68 Del. Laws, c. 149, §§ 4, 5; 71 Del. Laws, c. 305, §§ 1-6; 74 Del. Laws, c. 313, §§ 1-9.;
§ 7915. Council on Services for Aging and Adults with Physical Disabilities.
(a) There is established the Council on Services for Aging and Adults with Physical Disabilities.
(b) The Council on Services for Aging and Adults with Physical Disabilities shall serve in an advisory capacity to the Director
of the Division of Services for the Aging and Adults with Physical Disabilities and shall consider matters relating to the
formation of local community councils for the aging and for adults with physical disabilities, programs and projects in this
State to benefit the aging and adults with physical disabilities and such other matters as may be referred to it by the Governor,
the Secretary of the Department or the Director of the Division of Services for the Aging and Adults with Physical Disabilities.
The Council may study, research, plan and advise the Director, the Secretary and the Governor on matters it deems appropriate
to enable the Division to function in the best possible manner.
(c) The Council on Services for Aging and Adults with Physical Disabilities shall be composed of 22 members who shall be appointed
for 3-year terms by the Governor. The terms of the Council members shall be staggered in such a manner as will insure, as
nearly as possible, an equal and uniform number of vacancies arising each year. Eleven members of the Council shall be comprised
of aging consumers apportioned as follows: 1 aging consumer each from New Castle County, excluding Wilmington, Kent County,
Sussex County and Wilmington and 3 at-large members who may reside anywhere in the State. There shall also be 4 representatives
of public and/or nonprofit agencies that serve aging consumers who may reside anywhere in the State. Eleven members shall
represent adults with physical disabilities to be apportioned as follows: 1 consumer with physical disabilities from New Castle
County, excluding Wilmington, Kent County, Sussex County and Wilmington, and 3 at-large consumers with physical disabilities
who may reside anywhere in the State. There shall also be 4 representatives of public and/or nonprofit agencies that serve
adults with physical disabilities who may reside anywhere in the State.
(d) At least 10, but no more than 12, members of the Council shall be affiliated with 1 of the major political parties, and
at least 8, but no more than 10, members of the Council shall be affiliated with the other major political party; provided,
however, that there shall be no more than a bare majority representation of 1 major political party over the other major political
party. Any person who declines to announce a political affiliation shall also be eligible for appointment as a member of the
Council. The Council membership shall be composed of representatives in the following areas: aging consumers, representatives
of public and/or nonprofit agencies that serve aging consumers, consumers with a physical disability, low income older persons,
low income persons with a physical disability, minority older persons and minority persons with a physical disability and
representatives of public and/or nonprofit agencies that serve adults with physical disabilities. Each Council member can
be representative of more than 1 area, but no Council member shall be representative of more than 3 areas.
(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary
expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among its members, except that the office
shall rotate between consumer representatives of the aging community and consumer representatives of adults with physical
disabilities. In its 1st year of operation, the Council shall be chaired by a representative of the aging community. In its
2nd year of operation, the Council shall be chaired by a consumer representative of adults with physical disabilities. Thereafter,
the chairperson shall alternate and shall serve a 2-year term. A chairperson shall be eligible to serve 2 nonconsecutive
terms.
(g) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall be filled for the
remainder of the term.
(h) Members who are absent from more than 3 consecutive meetings, unless excused by the Council, shall be discharged from
the Council by the Council Chairperson.
(i) There shall be 2 permanent subcommittees of the Council, in addition to any other committees that are established. Representatives
of adults with physical disabilities shall form 1 Subcommittee on Physical Disabilities. Representatives of the aging community
shall form a Subcommittee on Aging. The subcommittees shall meet as often as deemed necessary, in addition to the monthly
meetings of the full Council. All decisions made by the Council relative to policy and budget shall be made by the full Council.
Staff assistance shall be given to the subcommittees as well as to the full Council.
29 Del. C. 1953, § 7915; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 591, § 68; 60 Del. Laws, c. 525, §§ 1-3; 62 Del. Laws, c. 318, §§ 1-4; 66 Del. Laws, c. 47, §§ 1-5; 69 Del. Laws, c. 345, § 2; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 228, §§ 1-3.;
§ 7915A. Appointments to advisory commissions, boards and committees involved with the elderly.
The Governor, when making appointments to any advisory commission, board or committee, created by this chapter, which does
or may have jurisdiction over or advisory status with state assisted activities for the elderly, shall appoint at least 1
senior citizen. For the purpose of this section a senior citizen shall be a person who was 62 years of age or more on his/her
last birthday.
63 Del. Laws, c. 102, § 1.;
§ 7916. Office of Medical Examiner.
The Office of Medical Examiner is established having the power to perform and shall be responsible for the performance of
all powers, duties and functions heretofore vested in the Board of Postmortem Examiners for the State of Delaware pursuant
to Chapter 47 of this title.
29 Del. C. 1953, § 7919; 57 Del. Laws, c. 301, § 1; 60 Del. Laws, c. 251, §§ 2, 3.;
§ 7917. Delaware Emergency Medical Service Advisory Council.
Transferred.
§ 7918. Drug Control Coordinator; duties; powers.
(a) The purpose of this section and of § 7919 [repealed] of this title is: (1) To develop programs for the prevention and
control of drug abuse and for the treatment and rehabilitation of drug abusers; and (2) to coordinate programs, both public
and private, to deal with the drug abuse problem.
(b) The Secretary of Health and Social Services shall appoint, with the written approval of the Governor, a Drug Control Coordinator
who shall serve at the pleasure of the Governor. The Drug Control Coordinator shall have experience in administration and
in the field of drug abuse and at least a master's degree or equivalent experience. The Secretary shall fix the salary of
the Coordinator at not less than $16,000 nor more than $22,000 per year.
(c) The Drug Control Coordinator shall:
(1) Coordinate the drug control efforts of state agencies;
(2) Coordinate the efforts of this State with those of local and municipal governments within this State and with those of
other states and the federal government;
(3) Assist private agencies and community organizations by providing needed coordination and information;
(4) Plan and supervise public information programs and assist with drug control programs in the public schools;
(5) Assist with the formulation and coordination of programs relating to the early diagnosis, treatment and rehabilitation
of drug abusers;
(6) Assist with the coordination of enforcement efforts by state, county and local enforcement officers;
(7) Assist with the formulation and coordination of training and information programs for state employees and others;
(8) Report on the Drug Control Coordinator's activities on a regular basis to the Secretary of Health and Social Services;
(9) Coordinate the efforts of this State to obtain federal funds available for drug control problems;
(10) Coordinate the overall state efforts with respect to the treatment, prevention and control of the use of dangerous drugs
and narcotics.
(d) The Drug Control Coordinator may:
(1) Employ personnel and purchase equipment and supplies as shall be necessary to carry out the purpose of this section;
(2) Require the cooperation of all other agencies in the executive branch of the state government concerned with drug control
problems.
29 Del. C. 1953, § 7921; 57 Del. Laws, c. 551, § 2; 60 Del. Laws, c. 251, §§ 2, 3; 70 Del. Laws, c. 186, § 1.;
§ 7919. Division of State Service Centers.
(a) There is hereby established the Division of State Service Centers under the direction and control of the Secretary of
the Department of Health and Social Services.
(b) The Division of State Service Centers shall be responsible for the operation of Service Centers throughout the State as
the General Assembly from time to time may provide for.
(c) The Division of State Service Centers shall coordinate the delivery of services and programs of various divisions within
the Department of Health and Social Services, other State agencies, and nonprofit providers who are co-located in State Service
Centers.
(d) The Division of State Service Centers shall report from time to time to the Secretary of the Department of Health and
Social Services concerning the effectiveness of delivery of services by State Service Centers.
(e) The mission of the Division of State Service Centers is to alleviate crises, to foster self-sufficiency for vulnerable
families, to provide volunteer and community service opportunities for all Delawareans and to address the causes and conditions
of poverty.
(f) The Division of State Service Centers shall operate the State Office of Volunteerism, the Office of Community Services
and the Office of Family Support.
(g) The Division of State Service Centers shall serve as a safety net for Delawareans by facilitating individual and community
partnerships for the delivery of human services, and by advocating for vulnerable families.
(h) The Division of State Service Centers shall have the power to promulgate rules and regulations to implement this section.
(i) The Division of State Service Centers is authorized to solicit and accept contributions, grants, gifts and bequests from
organizations including, but not limited to, private foundations or alliances, non-public agencies, institutions, organizations
or businesses. All funds generated shall be retained by the Division of State Service Centers in order to defray costs associated
with the volunteer and community service activities and events of the Division of State Service Centers. Funds received will
not be used for employee salaries or benefits. All funds received are subject to audit by the Department of Health and Social
Services and the Office of Management and Budget, and employees of the Division of State Service Centers are bound by § 5806
of this title when engaging in fundraising activities.
(j) All employees of Family Visitation Centers operated by the Division, either directly or through contractual agreement,
shall be certified as to whether:
(1) The individual is named in the Central Register as the perpetrator of a reported case of child abuse. Costs associated
with obtaining the Child Abuse Registry information shall be borne by the State.
(2) The individual has cleared state and federal criminal history background checks. Costs associated with obtaining the criminal
history information shall be borne by the State for state employees.
The Division shall develop policies concerning the conditions of employment related to both Child Abuse Registry checks and
criminal history background checks.
71 Del. Laws, c. 290, § 1; 74 Del. Laws, c. 77, § 1; 75 Del. Laws, c. 88, § 21(13); 75 Del. Laws, c. 95, § 1; 75 Del. Laws, c. 273, § 1.;
§ 7919A. Advisory Council on State Service Centers.
Repealed by 77 Del. Laws, c. 106, § 9, effective July 6, 2009.
§ 7920. Division of Services for Aging and Adults with Physical Disabilities.
(a) There is hereby established the Division of Services for Aging and Adults with Physical Disabilities within the Department
of Health and Social Services.
(b) Definitions. --
(1) As used in this section, aging or elderly persons shall have the same meaning as older and eligible individuals as defined
in the Older Americans Act, 42 U.S.C. § 3001 et seq.
(2) As used in this section, adults with physical disabilities shall include persons who are age 18 or older; whose physical
condition is anticipated to last 12 months or more; whose physical condition affects their ability to live independently;
and who need ongoing assistance with daily living. Persons receiving primary case management services from other state agencies,
if eligible, may receive services from the Division of Services for Aging and Adults with Physical Disabilities. Persons who
have an assigned case manager from another state agency shall retain that case manager as a primary.
(c) The objective of the Division of Services for Aging and Adults with Physical Disabilities is to improve or maintain the
quality of life for residents of Delaware at least 18 years of age with physical disabilities, or who are elderly. The Division
is committed to the development and delivery of consumer-driven services. As such, these services will maximize independence
through individual choice in the least restrictive environment possible, enable adults with physical disabilities and those
who are elderly to continue living active and productive lives, and protect those who may be vulnerable and at risk.
(d) The Division shall have the following duties and functions:
(1) Serve as the focal point for the assessment, planning and development of service delivery systems designed to meet the
needs of adults with physical disabilities and those who are elderly;
(2) Serve as an advocate for the needs of the elderly and adults with physical disabilities by supporting the individual,
family and others who serve as the individual's support system through the provision and coordination of services designed
to maximize independent living in the least restrictive manner possible;
(3) Provide information and training to those in the private and public sectors to increase awareness and encourage development
of systems and services critical to improving the quality of life for the aging and adults with physical disabilities;
(4) Facilitate a strong service delivery system through promoting the creation of public/private partnerships which shall
serve to develop, combine and maximize appropriate resources;
(5) Receive and disburse all funds available to the State from any source, including but not limited to the United States
Government, to be used for the benefit of the aging and adults with physical disabilities, unless the receipt and disbursal
of such funds is otherwise provided by law;
(6) Carry out a formal evaluation of the program to include, but not be limited to, organization, services, coordination,
customer satisfaction, training and the role of the Advisory Council and its subcommittees after 2 years of operation, and
report to the Secretary, the General Assembly and the Governor. In addition, the Division shall annually prepare a report
on service requests, requests fulfilled, requests that could not be met and why and observed gaps in service delivery for
the Secretary and the General Assembly; and
