TITLE 29

State Government

Departments of Government

CHAPTER 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Subchapter I. Establishment and Organization of Department


A Department of Health and Social Services is established.

29 Del. C. 1953, § 7901; 57 Del. Laws, c. 301, § 1.;

(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.;

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 persons with mental or emotional conditions, by direct experience in the care and treatment of persons with mental or emotional conditions 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 such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law;

(4) 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;

(5) 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;

(6) 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;

(7) 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;

(8) 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;

(9) 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 (9)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.

(10) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;

(11) Adopt an official seal or seals for the Department;

(12) 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;

(13) 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;

(14) The Secretary is empowered to administer a state revolving loan program in accordance with requirements set forth in the Federal Safe Drinking Water Act [42 U.S.C. § 300f et seq.].

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 make loans 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 paragraph 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 final recommendations by the Water Infrastructure Advisory Council 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; 78 Del. Laws, c. 179, §§ 313, 314; 79 Del. Laws, c. 48, § 3; 79 Del. Laws, c. 265, § 2.;

(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.;

(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.;

Transferred to § 7905 of this title.

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.;

(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.;

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.;

(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.;

(a) There is hereby established the Division of Developmental Disabilities Services 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]; 78 Del. Laws, c. 179, § 315.;

(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 intellectual disabilities 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]; 78 Del. Laws, c. 179, § 316.;

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.;

(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.;

(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 persons who are blind 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; 78 Del. Laws, c. 179, § 317.;

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.;

(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.;

(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.;

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.;

29 Del. C. 1953, § 7919; 57 Del. Laws, c. 301, § 1; 60 Del. Laws, c. 251, §§ 2, 3; repealed by 79 Del. Laws, c. 265 § 3, eff. July 4, 2014.;

Transferred.

(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.;

(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.;

Repealed by 77 Del. Laws, c. 106, § 9, effective July 6, 2009.;

(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

(7) The Division is authorized to solicit and accept contributions, grants, gifts, and bequests from individuals and/or organizations including, but not limited to, private foundations or alliances, nonpublic agencies, institutions, organizations, or businesses. All funds generated shall be retained by the Division in order to defray costs associated with the volunteer and community service activities and events of the Division. 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 Delaware Office of Management and Budget, and the employees of the Division are bound by § 5806 of this title when engaging in fundraising activities.

29 Del. C. 1953, § 7923; 59 Del. Laws, c. 136, § 4; 60 Del. Laws, c. 251, §§ 2, 3; 69 Del. Laws, c. 345, § 4; 75 Del. Laws, c. 339, § 1; 75 Del. Laws, c. 385, § 1.;

(a) Definitions. — As used in this section, unless the context clearly indicates a different meaning:

(1) "Bill payer" shall mean a person appointed by the Division to provide 1 or more of those services set forth below for a low-income individual who is able to make responsible decisions about financial matters, but who needs assistance for any of the following:

a. Paying bills each month and keeping records;

b. Establishing a budget;

c. Opening, organizing and sending mail;

d. Check writing and balancing checkbook amounts;

e. Obtaining needed assistance from appropriate governmental agencies.

(2) "Representative payee" shall mean a person appointed by the United States Social Security Administration, the United States Office of Personnel Management, the United States Department of Veterans Affairs or the United States Railroad Retirement Board to provide 1 or more of the following financial management services, without compensation, in order to assist an individual who is receiving government benefits but who is determined by the benefit-granting agency to be incapable of making certain financial decisions. The representative payee has responsibility for:

a. Allocating government benefits received by the individual in such individual's best interests, and providing for such individual's necessities, including but not limited to food, shelter and medical care;

b. Keeping an accurate record of the individual's financial transactions;

c. Maintaining responsibility and control over the individual's benefits, and signing all checks for expenditures from such government benefits; and

d. Referring the individual to other agencies if the individual needs additional assistance.

(b) Money Management Program.

(1) The Division may establish a Money Management Program to assist any low-income individual who is not able to manage such person's financial matters where there are no friends or relatives to assist such person in the management of financial affairs.

(2) The Division may administer the statewide Money Management Program; may provide such staff and other support for the program as its budget shall permit; and may, in accordance with the Division's rules and regulations, establish and direct an advisory council. The Division may negotiate bank services for the program.

(3) The Division shall have authority to monitor each bill payer and representative payee; may audit any transaction of any bill payer and any representative payee; and may review any or all bank statements or cancelled checks for any account managed by a representative payee or bill payor.

(c) Volunteers; bill payers, representative payers.

(1) The Division may designate unpaid volunteers, including but not limited to bill payers and representative payees, as information sources for the program, to inform interested persons and agencies about the program. The Division may provide for the training of bill payers and representative payees, and may otherwise assist such bill payers and representative payees.

(2) Any person acting as a bill payer or representative payee is also acting as a fiduciary, and is liable for any act or omission which constitutes the breach of any fiduciary duty or responsibility imposed by law.

(3) The Division shall safeguard participants through establishment of a screening system which includes, but is not limited to, the following features:

a. A standardized application comprehensively addressing each prospective bill payer and representative payee's background;

b. A criminal background check at state expense; and

c. A check of abuse, neglect, mistreatment and financial exploitation registries, including those authorized by Chapters 9 and 11 of Title 16.

(4) To effectively implement this screening system, the Division is vested with the following powers, duties and authority:

a. The Division shall require any person seeking to serve as a bill payer or representative payee under this chapter to share any and all information, including fingerprints, necessary to obtain a report of the person's entire criminal history record from the State Bureau of Identification and a report of the person's entire federal criminal history record;

b. Notwithstanding any requirements of Chapter 85 of Title 11 to the contrary, the State Bureau of Identification shall furnish information pertaining to the entire Delaware criminal history record of any person seeking to serve as a bill payer or representative payee under this chapter. Such information shall be provided to the Department of Health and Social Services pursuant to the procedures established by the Superintendent of the State Police;

c. Notwithstanding any contrary provision of Chapter 9 of Title 16, the Division is authorized to obtain child abuse and neglect registry information from the Department of Services for Children, Youth and Their Families pertaining to any person seeking to serve as a bill payer or representative payee under this chapter;

d. The Division shall adopt criteria through its regulations which shall disqualify a person from serving as a bill payer or representative payee under this chapter; and

e. The Division may adopt criteria through regulations authorizing exemption from this section for persons for whom a qualifying screening was conducted within the previous 5 years.

(5) Any person who either fails to make a full and complete disclosure on an application or a full and complete disclosure of any information required to obtain a registry or criminal background check as required in this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each violation.

(d) Memoranda of understanding.

In order to obtain certain specialized assistance for the Program, the Division may enter into a memorandum of understanding with the legal counsel of any association which represents the interests of retired persons.

73 Del. Laws, c. 168, § 1.;

(a) The Governor's Council on Health and Social Services shall have access to all books, records, reports and other documents relating to the Department of Health and Social Services, unless otherwise prohibited by law.

(b) The various councils of the divisions of the Department of Health and Social Services shall have access to all books, records, reports and other documents relating to their respective divisions, unless otherwise prohibited by law.

(c) The Chairperson of the Governor's Council on Health and Social Services and the chairperson of the councils of the divisions of the Department shall make an annual report of the activities of each of the councils to the Secretary of the Department, the Governor and the General Assembly and render such other reports as the Secretary, the Governor or the General Assembly may from time to time request or as may be required by law.

29 Del. C. 1953, § 7923; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 551, § 1; 59 Del. Laws, c. 136, § 3; 60 Del. Laws, c. 251, §§ 2, 3; 70 Del. Laws, c. 186, § 1.;

The following positions set forth in this section shall be exempt from Chapter 59 of this title:

(1) Secretary of Health and Social Services;

(2) Director of Public Health;

(3) Director of the Division of Substance Abuse and Mental Health;

(4) Director of Social Services;

(5) Chief of Business Administration and General Services;

(6) Chief of Planning, Research and Evaluation;

(7) Director of Developmental Disabilities Services;

(8) Director of Child Support Enforcement;

(9) Director of the Division of Services for Aging and Adults with Physical Disabilities;

(10) Director of State Service Centers;

(11) Director of Long-Term Care Resident Protection; and

(12) Deputy Secretary of the Department of Health and Social Services.

29 Del. C. 1953, § 7924; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 551, § 1; 59 Del. Laws, c. 136, § 3; 60 Del. Laws, c. 251, § 4; 64 Del. Laws, c. 467, §§ 4, 5; 65 Del. Laws, c. 89, § 3; 69 Del. Laws, c. 345, § 6; 70 Del. Laws, c. 150, § 7; 73 Del. Laws, c. 41, § 1; 73 Del. Laws, c. 68, § 5; 73 Del. Laws, c. 97, § 7[6]; 79 Del. Laws, c. 265, § 4.;

The Department, through appropriate divisions, subdivisions and offices, shall have the power to perform and shall be responsible for the performance of all the powers, duties and functions vested by law in the State Board of Health, the Board of Trustees of the Delaware Hospital for the Chronically Ill, the Hospital Advisory Council, the Department of Mental Health, the Board of Trustees of the Department of Mental Health, the Department of Public Welfare, the Board of Welfare, the Commission for the Blind, and the Commission for the Aging immediately prior to June 12, 1970, and which are not otherwise specifically transferred to the Department by this chapter.

29 Del. C. 1953, § 7925; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 551, § 1; 59 Del. Laws, c. 136, § 3; 60 Del. Laws, c. 207, § 1; 60 Del. Laws, c. 251, § 5; 64 Del. Laws, c. 108, § 3; 79 Del. Laws, c. 265, § 5.;

Any and all rights of appeal now existing by law with respect to any act or acts constituting the exercise of any function or functions transferred to the Department or to any division or subdivision thereof shall continue to exist with respect to such act or acts as hereafter performed by the Department or by the division, subdivision or office to which such function is transferred and each such appeal shall be perfected in the manner heretofore provided by law.

29 Del. C. 1953, § 7926; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 551, § 1; 59 Del. Laws, c. 136, § 3; 60 Del. Laws, c. 251, § 6.;

(a) All definitions and references to any commission, board, department, authority or agency which appear in any other act or law shall, to the extent that the same are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of Health and Social Services as created and established by this chapter.

(b) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law shall, to the extent that same are consistent with this chapter, and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created by this chapter.

29 Del. C. 1953, § 7927; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 551, § 1; 59 Del. Laws, c. 136, § 3; 60 Del. Laws, c. 251, § 6.;

The Secretary of the Department shall make an annual report to the Governor and the General Assembly of the Department's operations and render such other reports as the Governor or General Assembly may from time to time request or as may be required by law.

29 Del. C. 1953, § 7928; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 551, § 1; 59 Del. Laws, c. 136, § 3; 60 Del. Laws, c. 251, § 6.;

Any misnomer shall not defeat or annul any gift, grant, devise or bequest to the Department if it sufficiently appears by the will, conveyance or other writing that the party making the same intended to pass and convey to the Department or to any commission, board, department, authority, council or agency, to which, by this chapter, the powers, duties and functions have been transferred to the Department, the estate or interest therein expressed or described.

29 Del. C. 1953, § 7929; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 551, § 1; 59 Del. Laws, c. 136, § 3; 60 Del. Laws, c. 251, § 6.;

(a) 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 limitation of the annual appropriation and any other funds appropriated by the General Assembly.

(b) Special funds may be used in accordance with approved programs, grants and appropriations.

29 Del. C. 1953, § 7930; 57 Del. Laws, c. 301, § 1; 57 Del. Laws, c. 551, § 1; 59 Del. Laws, c. 136, § 3; 60 Del. Laws, c. 251, § 6.;

(a) The Division for the Visually Impaired is established having the power to perform and be responsible for the performance of all powers, duties and functions heretofore vested in the Delaware Commission for the Blind, pursuant to Chapters 21 and 23 of Title 31 as formerly vested in the Division of Social Services.

(b) The Division for the Visually Impaired shall have the power to establish, monitor and oversee the operation of business programs for the purpose of providing training and employment for Delaware residents who are visually impaired. These business programs may include, but shall not be limited to, vending, engraving, retail food services, meal preparation and distribution, concession stands and any other such business programs as may be deemed appropriate by the Director of the Division for the Visually Impaired. Such programs shall be known as either Delaware Industries for the Blind or Business Enterprise Program.

(1) The Division for the Visually Impaired shall be authorized to promulgate rules and regulations to implement and operate the programs.

These rules and regulations shall include, but not be limited to, provisions relating to participant eligibility, personnel management, fiscal controls, marketing plans and enforcement of production quality standards.

(2) Participants in the business programs shall be employees of a particular program and may continue in that program only pursuant to the rules of the program. All participants shall adhere to the rules and regulations promulgated by the Division for the Visually Impaired.

(c) The Division Director shall be an exempt employee, knowledgeable and skilled in the field of services to the visually impaired and responsive to the needs and concerns of that population.

(d) The State accepts the provisions and benefits of the Vocational Rehabilitation Act of 1973 (P.L. 93-112)[29 U.S.C. § 701 et seq.], as amended. The Department of Health and Social Services shall act as the sole state agency with the Secretary of the Department as the State Officer, and the Division of the Visually Impaired as the Designated State Unit for all moneys from the act that are designated for persons with visual impairment and blindness. This is defined in a cooperative agreement dated December 1985 between the Department of Labor, Visually Impaired and Vocational Rehabilitation. The Department shall cooperate with the U.S. Department of Education, Rehabilitation Services Administration, and, in accordance with all state laws, prepare the state plan and carry out the Rehabilitation Act of 1973 and amendments thereto.

61 Del. Laws, c. 329, § 3; 69 Del. Laws, c. 291, § 172; 70 Del. Laws, c. 425, § 159; 73 Del. Laws, c. 310, § 17.;

Repealed by 71 Del. Laws, c. 216, § 159, eff. July 25, 1997.;

(a) There is hereby established the Division of Medicaid and Medical Assistance under the direction and control of the Secretary of the Department of Health and Social Services.

(b) The mission of the Division of Medicaid and Medical Assistance is to maximize the well-being and quality of life for eligible low-income individuals and other vulnerable populations through the provision of overall leadership and direction in administering responsive, effective, and efficient health care benefits.

(c) The Division of Medicaid and Medical Assistance shall have the power to perform and is responsible for the performance of all of the powers, duties, and functions specifically related to, Medicaid, the Delaware Healthy Children Program, the Delaware Prescription Assistance Program, the Chronic Renal Disease Program, the Non-Qualified Non-Citizen Health Care Program, and other health insurance related programs as administered through the Department of Health and Social Services.

(d) The Division of Medicaid and Medical Assistance shall have the power to promulgate rules and regulations to implement this section.

75 Del. Laws, c. 350, § 183.;