SENATE BILL NO. 136
AN ACT TO AMEND CHAPTER 39, TITLE 31, DELAWARE CODE RELATING TO ADULT PROTECTIVE SERVICES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. AMEND §3902(10), Title 31, Delaware Code by inserting or actual" between "threatened" and "abuse."
Section 2. AMEND §3904(a), Title 31, Delaware Code by striking "with the person's consent or pursuant to Court order, to assist that person in' performing the activities of daily living, in maintaining independent living arrangements, or avoiding hazardous living conditions." and substituting "in an emergency situation as defined in Section 3902,"
Section 3. AMEND §3908(b)(3), Title 31, Delaware Code by striking the phrase "only for one (1) week period" and substituting "for a maximum of ninety days."
Section 4. AMEND §3908(b)(3), Title 31, Delaware Code by adding a new sentence to said Section to read as follows:
"During this period the infirm person may petition the Court to have the emergency order removed."
Section 5. AMEND §3910(a), Title 31, Delaware Code by inserting "and is in need of protective services as defined in Section 3904 of this Chapter" between "title" and "shall."
Section 6. AMEND §3910(b), Title 31, Delaware Code by striking "shall" as it appears in the second sentence of that paragraph and substituting in lieu thereof "may."
Section 7. AMEND §3910, Title 31, Delaware Code by adding thereto a new subsection (c) to read as follows: "(c) Anyone participating in good faith in the making of a report pursuant to this Chapter shall have immunity from any liability, civil or criminal that might otherwise exist and such immunity shall extend to participation in any judicial proceedings resulting from such report."
Approved June 18, 1987