TITLE 31

Welfare

Welfare Agencies

CHAPTER 21. Division for the Visually Impaired

83 Del. Laws, c. 455, § 5
§ 2101. Definitions.

As used in this chapter:

(1) “Department” means the Department of Health and Social Services.

(2) “Division” means the Division for the Visually Impaired under § 7929 of Title 29, a division of the Department of Health and Social Services.

(3) “Person with blindness” means an individual with total blindness or visual acuity of not more than 20/200 in the better-seeing eye with best conventional correction or whose vision is limited in field so that the widest diameter subtends an angle no greater than 20 degrees.

(4) “Person with visual impairment” means an individual who has a visual acuity of not more than 20/70 to 20/200 in the better-seeing eye with the best conventional correction.

Code 1935, §  3050A;  46 Del. Laws, c. 88;  31 Del. C. 1953, §  2101;  57 Del. Laws, c. 591, §  3778 Del. Laws, c. 179, §  32683 Del. Laws, c. 455, § 6

§ 2102. Supervision of training.

The Division, through the Department, has supervision of the training of a person with blindness or a person with visual impairment.

31 Del. C. 1953, §  2102;  57 Del. Laws, c. 591, §  3878 Del. Laws, c. 179, §§  327, 32883 Del. Laws, c. 455, § 7

§ 2103. Division authority; instructors of persons with blindness or visual impairment.

The Division has sole authority over the selection, appointment, employment terms, and performance of an instructor of persons with blindness or persons with visual impairment.

25 Del. Laws, c. 73, §  3;  Code 1915, §  2576;  Code 1935, §  3049;  31 Del. C. 1953, §  2104;  78 Del. Laws, c. 179, §§  329-33183 Del. Laws, c. 455, § 8

§ 2104. Acquisition and disposal of property; exemption of property from taxation.

(a) The Division may do all of the following:

(1) Solicit, purchase, or otherwise acquire, hold, own, mortgage, sell, or assign real or personal property.

(2) Solicit, accept, or receive a private fund, bequest, legacy, or gift of property real or personal to be used for the education and training of persons with blindness or persons with visual impairment.

(3) In accordance with the directions of a party who devises or donates property under this section, the Division may do all of the following:

a. Hold, manage, or invest the property or collect and disburse the income or principal of the property.

b. Hold, own, sell, or dispose of the property and reinvest the proceeds from the sale of the property or collect or disburse the income and principal from the property.

(b) If a party who devises or donates property under this section does not leave direction for the Division to follow under paragraph (a)(3) of this section, the Division shall accept, hold, manage, or dispose of the property or disburse the income of the property in a manner in which the Division deems best to promote the training of a person with blindness or a person with visual impairment.

(c) The property of the Division is exempt from taxation.

25 Del. Laws, c. 73, §  827 Del. Laws, c. 101;  Code 1915, §  2580;  Code 1935, §  3053;  31 Del. C. 1953, §  2105;  75 Del. Laws, c. 385, §  278 Del. Laws, c. 179, §  33283 Del. Laws, c. 455, § 9

§ 2105. Division expenditures.

The Division may expend the sums of money it deems proper and necessary for effectuating the objects of this chapter. The sums of money may not in the aggregate in any 1 year exceed the sum of money appropriated to the Division for these purposes.

25 Del. Laws, c. 73, §  3;  Code 1915, §  2576;  Code 1935, §  3049;  31 Del. C. 1953, §  2106;  83 Del. Laws, c. 455, § 10

§ 2106. Payment of Division expenses.

The State Treasurer shall pay out of funds appropriated by the General Assembly the Division’s expenses for salaries and wages, office expenses, operation, working capital, materials, repairs and replacements, travel, or other expenses in connection with carrying out the Division’s duties, on vouchers that the appropriate Division officer issues.

32 Del. Laws, c. 26, §  1637 Del. Laws, c. 81;  Code 1935, §§  3050, 3054;  31 Del. C. 1953, §  2107;  83 Del. Laws, c. 455, § 11

§ 2107. Eligibility and applications for services.

An adult who is either a person with blindness or a person with visual impairment may make application to the Division to receive services from the instructors provided under § 2103 of this title. The Division may grant or refuse an application based on eligibility and availability of funds.

25 Del. Laws, c. 73, §  4;  Code 1915, §  2577;  Code 1935, §  3050;  45 Del. Laws, c. 217, §  1;  31 Del. C. 1953, §  2108;  78 Del. Laws, c. 179, §  33383 Del. Laws, c. 455, § 12

§ 2108. Duty of agencies, physicians, and nurses to report persons with blindness and persons with visual impairment.

Each health or social agency, attending or consulting physician, or attending or consulting nurse shall report, in writing, to the Division the name, age, and residence of each person with blindness or person with visual impairment to whom the agency, physician, or nurse provides service, and furnish additional information that the Division requests for the registration or prevention of blindness or visual impairment.

Code 1935, §  3050A;  46 Del. Laws, c. 88;  31 Del. C. 1953, §  2109;  78 Del. Laws, c. 179, §  33483 Del. Laws, c. 455, § 13

§ 2109. Duty of parents and guardians to obtain instruction for children with blindness; powers of Commission and Governor [Repealed].
Code 1915, §  2578;  Code 1935, §  3051;  45 Del. Laws, c. 217, §  1;  31 Del. C. 1953, §  2110;  49 Del. Laws, c. 189, §§  1, 278 Del. Laws, c. 179, §§  335-338repealed by 83 Del. Laws, c. 455, § 14, effective Oct. 10, 2022.

§ 2110. Visitation of institutions outside of State [Repealed].
26 Del. Laws, c. 144;  Code 1915, §  2583;  Code 1935, §  3056;  45 Del. Laws, c. 217, §  1;  31 Del. C. 1953, §  2111;  49 Del. Laws, c. 189, §  350 Del. Laws, c. 142, §  178 Del. Laws, c. 179, §  339repealed by 83 Del. Laws, c. 455, § 15, effective Oct. 10, 2022.

§ 2111. Payments for vocational rehabilitation.

(a) The Division is the authorized agency for vocational rehabilitation of a person with blindness or a person with visual impairment. The Division may pay for training, maintenance, or physical restoration of a person with blindness or a person with visual impairment, and whom the Division finds is eligible for vocational rehabilitation.

(b) On receiving an appropriate voucher, the State Treasurer shall make a payment authorized under this section.

27 Del. Laws, c. 102, §§  1-3;  Code 1915, §  2584;  Code 1935, §  3057;  45 Del. Laws, c. 217, §  1;  31 Del. C. 1953, §  2112;  49 Del. Laws, c. 189, §  478 Del. Laws, c. 179, §§  340, 34183 Del. Laws, c. 455, § 16

§ 2112. Penalties [Repealed].
25 Del. Laws, c. 73, §  6;  Code 1915, §  2579;  Code 1935, §  3052;  31 Del. C. 1953, §  2113;  69 Del. Laws, c. 423, §  2578 Del. Laws, c. 179, §  342repealed by 83 Del. Laws, c. 455, § 17, effective Oct. 10, 2022.

§ 2113. Limitations on applicability of chapter.

This chapter does not apply to a child who is either a person with blindness or a person with visual impairment and who is being otherwise instructed and educated in a manner that the Division determines is satisfactory.

25 Del. Laws, c. 73, §  7;  Code 1915, §  2582;  Code 1935, §  3055;  31 Del. C. 1953, §  2114;  78 Del. Laws, c. 179, §  34383 Del. Laws, c. 455, § 18

§ 2114. Use of products and services of persons with blindness or persons with visual impairment by state agencies; exceptions; penalty [Repealed].
31 Del. C. 1953, §  2115;  49 Del. Laws, c. 146, §  170 Del. Laws, c. 186, §  178 Del. Laws, c. 179, §  344repealed by 83 Del. Laws, c. 455, § 19, effective Oct. 10, 2022.

§ 2115. Soliciting public donations for the blind; registration; violations [Repealed].

Repealed by 59 Del. Laws, c. 566, § 2, effective July 29, 1974.


§ 2116. Contracts for library services.

The Division may contract with a public library for that library to render library service throughout this State to a person with blindness or a person with visual impairment. The Division may reasonably compensate the public library for the cost of the service it renders under the contract.

31 Del. C. 1953, §  2117;  53 Del. Laws, c. 36778 Del. Laws, c. 179, §  34583 Del. Laws, c. 455, § 20

§ 2117. Relating to persons who are blind and “seeing eye dogs”; penalties [Repealed].
31 Del. C. 1953, §  2118;  57 Del. Laws, c. 16264 Del. Laws, c. 389, §§  4, 578 Del. Laws, c. 179, §  346repealed by 83 Del. Laws, c. 460, § 1, effective Oct. 14, 2022.