Chapter 55

§ 5501 Basic rights. Persons diagnosed with intellectual disabilities or other specific developmental disabilities have the same basic rights as other citizens. 61 Del. Laws, c. 270, §  3 ; 73 Del. Laws, c. 97, §  2 ; 78 Del. Laws, c. 179, §  213 ; § 5502 Development of abilities. Persons diagnosed with intellectual disabilities or other specific developmental disabilities have the right to proper medical care and physical restoration and to such education, training, habilitation and guidance as will enable them to develop their abilities and potentials to the fullest possible extent, no matter how severe their disability may be. 61 Del. Laws, c. 270, §  3 ; 73 Del. Laws, c. 97, §  2 ; 78 Del. Laws, c. 179, §  214 ; § 5503 Economic security and meaningful occupations. Persons diagnosed with intellectual disabilities or other specific developmental disabilities have a right to strive for productive work in meaningful occupations, economic security and a decent standard of living. 61 Del. Laws, c. 270, §  3 ; 73 Del. Laws, c. 97, §  2 ; 78 Del. Laws, c. 179, §  215 ; § 5504 Normal living arrangements. Persons diagnosed with intellectual disabilities or other specific developmental disabilities have a right to live with their families or with other care providers; to participate in all aspects of community life; and to have access to appropriate leisure time activities. If residence in an institution is the least restrictive environment and the most appropriate setting reasonably available, it should be in surroundings and under circumstances as close to normal living as possible. 61 Del. Laws, c. 270, §  3 ; 73 Del. Laws, c. 97, §  2 ; 78 Del. Laws, c. 179, §  216 ; § 5505 Qualified guardians. Persons diagnosed with intellectual disabilities or other specific developmental disabilities have a right to a qualified guardian when this is required to protect their personal well-being and interests. No person or agency rendering direct services to a person diagnosed with an intellectual disability or other specific developmental disabilities shall also serve as such person’s guardian. 61 Del. Laws, c. 270, §  3 ; 73 Del. Laws, c. 97, §  2 ; 78 Del. Laws, c. 179, §§  217, 218 ; § 5506 Protection from exploitation and abuse. Persons diagnosed with intellectual disabilities or other specific developmental disabilities have a right to protection from exploitation, abuse and degrading treatment. If accused, the person diagnosed with an intellectual disability or other specific developmental disabilities has a right to a fair trial with full recognition being given to the person’s degree of responsibility. 61 Del. Laws, c. 270, §  3 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 97, §  2 ; 78 Del. Laws, c. 179, §§  219, 220 ; § 5507 Due process. Some persons diagnosed with intellectual disabilities or other specific developmental disabilities may be unable, due to the severity of their disability, to exercise for themselves all of their rights in a meaningful way. For others, modification of some or all of these rights is appropriate. The procedure used for modification or denial of rights must contain proper legal safeguards against every form of abuse; must be based on an evaluation of the social capability of the person diagnosed with an intellectual disability or other specific developmental disabilities by qualified experts; and must be subject to periodic reviews, and to the right of appeal to higher authorities. 61 Del. Laws, c. 270, §  3 ; 73 Del. Laws, c. 97, §  2 ; 78 Del. Laws, c. 179, §§  221-223 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 5520 Liability for maintenance of patient; collection remedies. (a) Any person committed to or placed in Stockley Center shall at all times be liable for the care, maintenance and support furnished to and received by such person while a patient of Stockley Center. Nothing in this section shall relieve from liability for the support of the patient, any person liable under any other law of this State. (b) The Department of Health and Social Services shall keep an account of the cost of the care, maintenance and support furnished each patient while in Stockley Center and shall credit against the account all moneys received from the patient or from any other person for or on behalf of the patient. (c) The Department may collect from any patient, or from the trustee for any patient, or out of the property, moneys and effects of any patient, all moneys necessary to discharge and pay all liability of the patient for the patient’s care, maintenance and support. (d) The Department may also proceed for the recovery of the moneys necessary for the care, maintenance and support in an action to be brought in any court of competent jurisdiction in the name of the Department of Health and Social Services or by petition to the Court of Chancery if the patient has been ascertained to be mentally incompetent, or to be a person with developmental disabilities, by inquisition duly held. 16 Del. C. 1953, §  5506; 50 Del. Laws, c. 364, §  2 ; 50 Del. Laws, c. 534, §§  1, 2 ; 58 Del. Laws, c. 152 ; 61 Del. Laws, c. 270, §  2 ; 62 Del. Laws, c. 209, §  1 ; 70 Del. Laws, c. 186, §  1 ; 84 Del. Laws, c. 514, § 31 ; § 5521 Admission to Stockley Center. The Department of Health and Social Services may establish voluntary admission procedures for residential services at the Stockley Center for individuals who meet the eligibility criteria established by the Division of Development Disabilities Services through regulations. 29 Del. Laws, c. 172, §  8 ; Code 1935, §  2610; 16 Del. C. 1953, §  5521; 50 Del. Laws, c. 364, §  4 ; 50 Del. Laws, c. 534, §  2 ; 51 Del. Laws, c. 18, §  1 ; 62 Del. Laws, c. 209, §  1 ; 75 Del. Laws, c. 285, §  1 ; § 5522 Centers for persons diagnosed with mental retardation or other specific developmental disabilities. The Division of Developmental Disabilities Services may establish and operate centers for vocational, habilitative and social skill development for persons diagnosed with mental retardation or other specific developmental disabilities. The operation of such said centers shall be governed by the Division’s rules and regulations. 16 Del. C. 1953, §  5526; 51 Del. Laws, c. 288, §  1 ; 73 Del. Laws, c. 97, §  2 ; 75 Del. Laws, c. 285, §  2 ; § 5525 [Transferred.] Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 5530 Definitions. (a) “Alternative decision maker” is a person identified to make decisions for an individual in that individual’s best interest. In the absence of an assigned legal guardian of person or applicable “advance health-care directive,” as defined under § 2502 of this title, or similar legal instrument, a default surrogate may be determined under § 2512 of this title. (b) “Elective surgery” is a surgical medical or dental procedure, not including sterilization, for the purposes of nonlife-threatening treatment or diagnosis. (c) “Informed consent” is the consent of a patient to the performance of health-care services by a health-care provider who has informed the patient both verbally and in writing, to an extent reasonably comprehensible to general lay understanding, of the nature of the proposed procedure or treatment and of the risks and alternatives to treatment which a reasonable patient would consider material to the decision whether or not to undergo the treatment. The patient must understand the information provided by the health-care provider. (d) “Persons receiving services from the Division of Developmental Disabilities Services (DDDS)” shall mean, for the purposes of this subchapter, those persons served within the residential program of the Division. (e) [Repealed.] 64 Del. Laws, c. 305, §  1 ; 73 Del. Laws, c. 97, §  3 ; 75 Del. Laws, c. 69, §§  1, 2 ; 77 Del. Laws, c. 395, §§  1-3, 9 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 467, §§ 9, 9 ; 85 Del. Laws, c. 91, § 7 ; § 5531 Persons without legal guardians. (a) Consent to perform elective surgery upon a person who is receiving services from the Division of Developmental Disabilities Services (“DDDS”) may be given by the Division Director or such Director’s designee if all of the following circumstances apply: (1) The person receiving residential services cannot give that person’s informed consent. (2) The person receiving services has no alternative decision maker. (3) The person receiving residential services has no legal guardian of the person, or applicable “advance health-care directive,” as defined under § 2502 of this title, or similar legal instrument. (b) Before giving such consent the Division Director or such Director’s designee must: (1) Be satisfied that the elective surgery is in the best interest of the person receiving services from DDDS and is an appropriate and least intrusive treatment for the existing condition; (2) Obtain the written recommendation for elective surgery from at least 1 physician or 1 dentist, as applicable, who are not directly employed by the DDDS; and (3) Ensure that the person receiving services from DDDS has been informed to the extent the person is able to understand about the medical treatment or procedure suggested. 64 Del. Laws, c. 305, §  1 ; 70 Del. Laws, c. 186, §  1 ; 73 Del. Laws, c. 97, §  4 ; 77 Del. Laws, c. 395, §§  4-8 ; 84 Del. Laws, c. 42, § 1 ; 85 Del. Laws, c. 91, § 8 ; § 5532 Immunity from liability. (a) No physician, dentist or other health care personnel or health-care facility which acts pursuant to and in compliance with this subchapter shall be subject to civil liability for failure to obtain sufficient consent for the medical procedure performed. (b) This section shall not insulate from civil liability a physician, dentist or other health-care personnel or health-care facility for negligence in the performance of medical procedures. 64 Del. Laws, c. 305, §  1 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } } § 5541 Definitions. As used in this subchapter: (1) “Agencies” means both public and private agencies and associations. (2) “Autism spectrum disorders” or “ASD” means as defined in the current edition of the “Diagnostic and Statistical Manual of Mental Disorders” published by the American Psychiatric Association. “Autism spectrum disorders” or “ASD” include related developmental disabilities if an individual with a related developmental disability can also benefit from the improvements and enhancements identified for an individual with ASD. (3) “DNEA” means the Delaware Network for Excellence in Austim. (4) “DNEA Director” means the director of the Delaware Network for Excellence in Autism. (5) “ICA” means the Interagency Committee on Autism. (6) “Individuals living with ASD” means individuals with ASD or the individuals’ guardian. 80 Del. Laws, c. 425, §  1 ; 85 Del. Laws, c. 372, § 1 ; § 5542 Interagency Committee on Autism. The Interagency Committee on Autism is established. The ICA’s duties are all of the following: (1) Utilize evidence-based practices and programs to improve outcomes for individuals living with ASD and related developmental disabilities in Delaware by sharing information, initiatives, data, and communications among agencies providing services and supports for individuals and families affected by autism spectrum disorders in this State. (2) Implement the recommendations outlined in the 2013 Delaware Strategic Plan entitled “Blueprint for Collective Action: Final Report of the Delaware Strategic Plan to Improve Services and Supports for Individuals with Autism Spectrum Disorder.” Implementation may include assisting agencies to develop more detailed or updated implementation strategies and timelines, and to track progress towards specific goals. (3) Monitor services that agencies provide to individuals living with ASD, with the goal of identifying gaps and avoiding duplication of services. (4) Provide oversight for and development of goals and priorities for the DNEA, created to assist in the implementation of the ICA’s recommendations. (5) Advise the General Assembly on legislation that is needed to implement these recommendations. The ICA may develop and recommend legislation to the General Assembly or comment on pending legislation that affects individuals living with ASD. (6) Collaborate with the DNEA to submit a report annually to the Governor, General Assembly, and the Director and the Librarian of the Division of Legislative Services. The report must summarize all of the following: a. The progress toward each recommendation that the ICA adopts. b. The progress toward the ICA’s and the DNEA’s activities. c. Major categories of expenses, including all public, private, and in-kind support. 80 Del. Laws, c. 425, §  1 ; 85 Del. Laws, c. 372, § 2 ; § 5543 Delaware Network for Excellence in Autism. (a) The Delaware Network for Excellence in Autism is established to provide a resource for training and technical assistance for Delaware state agencies, organizations, and other private entities operating in this State who provide services and support to individuals living with ASD or families affected by ASD. Services are provided through a contract between the University of Delaware and the appropriate state agency, organization, or other private entity. (b) The DNEA is run by a director. The Center for Disabilities Studies at the University of Delaware shall hire the DNEA Director using a hiring committee, which must include representation from the ICA. (c) The position of the DNEA Director is housed at the Center for Disabilities Studies at the University of Delaware, which is responsible for supervision of the DNEA Director. (d) The DNEA Director shall ensure that the DNEA works with the ICA to compile and submit the annual report under § 5542(6) of this title. (e) DNEA staff must possess experience in autism spectrum disorders and shall administer training and technical assistance that is based on accepted evidence-based practices. (f) The DNEA shall maintain at least 1 administrative support staff position, who is responsible for supporting the DNEA’s day-to-day operations. The DNEA Director oversees the administrative staff. (g) The DNEA consists of at least 4 team leader DNEA staff positions, to ensure adequate training across the areas of healthcare, education, vocational services, and social services. The DNEA Director oversees the DNEA’s team leaders. (h) (1) The DNEA includes at least 2 FTEs family trainer/navigators, who are responsible for assisting families in learning about and gaining access to needed services, including those from the state system. The services must include community training opportunities for individuals with ASD and families of individuals with ASD. (2) Each family trainer/navigator must be contracted through Autism Delaware. Family trainer/navigators shall provide quarterly reports on the number of families served and major issues encountered to the DNEA Director and the ICA. (i) The DNEA shall develop and maintain a website that does all of the following: (1) Offers public visibility to the activities of the DNEA and the ICA. (2) Tracks progress on attaining the goals of the Blueprint for Collective Action. (3) Offers links to key autism services within Delaware. (j) The DNEA shall support the ICA’s operations through staff support, maintenance of the website under subsection (i) of this section, maintenance of reports that the ICA creates, ICA meeting minutes, and other support as needed, including assisting with the training, technical assistance, and coaching under subsection (k) of this section. (k) The DNEA consists of additional staff specifically designated to provide training, technical assistance, and coaching to each local education agency across this State. ( l ) The DNEA shall manage training and technical assistance related to education, in collaboration with the office of the Director of Autism Resources. (m) The DNEA shall administer additional contracts for training and technical assistance. (n) The DNEA may contract with outside individuals and agencies to provide needed training and technical assistance consistent with the DNEA’s goals. (o) The DNEA Director shall oversee contracts under this subchapter. (p) An individual contracted under this subchapter shall adhere to similar standards of professional qualifications and demonstration of accepted, evidence-based practice as DNEA staff. (q) The DNEA Director may seek and administer outside grant funding as appropriate to fulfill the DNEA’s mission. 80 Del. Laws, c. 425, §  1 ; 85 Del. Laws, c. 372, § 3 ; § 5544 ICA membership; chair; terms; quorum; staffing. (a) Voting members of the ICA consist of at least all of the following: (1) A representative of the Department of Education, appointed by that department. (2) A representative of the Division of Developmental Disabilities Services, appointed by that division. (3) A representative of the Division of Vocational Rehabilitation, appointed by that division. (4) A representative of the Center for Disabilities Studies at the University of Delaware, appointed by that center. (5) A representative of Autism Delaware, appointed by the Governor. Autism Delaware may provide a list of potential nominees, which the Governor may consider. (6) A representative of the Nemours network, appointed by the Governor. The Nemours network may provide a list of potential nominees, which the Governor may consider. (7) A representative of the Division of Public Health, appointed by that division. (8) A representative of the Delaware Association of Rehabilitation Facilities, appointed by the Governor. The Delaware Association of Rehabilitation may provide a list of potential nominees, which the Governor may consider. (9) A representative of the Division of Substance Abuse and Mental Health, appointed by that division. (10) A representative of the Parent Information Center of Delaware, appointed by the Governor. The Parent Information Center of Delaware may provide a list of potential nominees, which the Governor may consider. (11) A representative of Part C, Birth to Three Early Intervention System, appointed by the System. (12) A representative of the Division of Prevention and Behavioral Health Services, appointed by that division. (13) A parent or caregiver of a child or adult with ASD from each county in this State, appointed by the Governor. (14) An individual with ASD, appointed by the Governor. (b) The DNEA Director is a nonvoting member of the ICA. (c) The DNEA Director serves as the chair of the ICA and shall, as chair, do at least both of the following: (1) Coordinate quarterly ICA meetings. (2) Ensure that ICA meetings rotate among the 3 counties of this State. (d) A member serves until a replacement is appointed under the same process as the member’s appointment. (e) A majority of the members must be present at an ICA meeting in order to have a quorum and conduct official business. A vacancy on the ICA is not counted for quorum. (f) Each action that the ICA takes must first be approved by a majority vote of the members present at the meeting at which the vote is taken. (g) Additional members may be appointed by a majority vote of the members appointed under paragraphs (a)(2), (3), (4), (7), (9), and (12) of this section. (h) The ICA shall adopt procedural rules for the conduct of its meetings. (i) The ICA shall establish policies and adopt rules to carry out its duties under § 5542 of this title. (j) Compensation. — An ICA member receives no compensation for the member’s service on the ICA but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties. (k) Staffing. — The DNEA shall provide administrative support for the ICA. ( l ) An ICA member as of September 14, 2016, may maintain the member’s membership. 85 Del. Laws, c. 372, § 4 ; Delaware General Assembly Judicial Executive Contact Twitter Help function submitSearch() { if (!window.location.origin) { window.location.origin = window.location.protocol + "//" + window.location.hostname + (window.location.port ? ':' + window.location.port : ''); } keyword = document.getElementById('srch-term').value; window.location.href = "/Search?query=" + keyword; } document.getElementById('srch-term').onkeyup = function (e) { if (e.keyCode == 13) { submitSearch(); } }