The General Assembly recognizes that many adult citizens of this State are subject to psychological or physical injury or exploitation because of physical or mental disability, impairment, illness or condition, or other causes which render them incapable of providing for their basic daily living needs. The General Assembly, therefore, intends through this chapter to establish a system of services for impaired or incapacitated adults designed to protect their health, safety, and welfare. The intent is to authorize only the least possible restrictions on the exercise of personal and civil rights, and that restrictions are permitted only when consistent with proven need for services.

63 Del. Laws, c. 384, §  1;  78 Del. Laws, c. 179, §  367;  84 Del. Laws, c. 529, § 1; 

As used in this chapter:

(1) “Abuse” means any of the following:

a. Physical abuse by unnecessarily inflicting pain or injury on an adult who is impaired or an adult who is incapacitated.

b. A pattern of emotional abuse of an adult who is impaired or an adult who is incapacitated, including ridiculing or demeaning the adult, making derogatory remarks to adult, or cursing or threatening to inflict physical or emotional harm on the adult.

c. Sexual abuse of an adult who is impaired or an adult who is incapacitated.

(2) “Adult Protective Services” means the adult protective services unit under the Division of Services for Aging and Adults with Physical Disabilities.

(3) “Adult who is impaired” means an individual 18 years or older who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the individual’s own care and custody.

(4) “Adult who is incapacitated” includes an individual for whom a guardian of the individual’s physical body or property, or both, is appointed under § 3901 of Title 12.

(5) “Alleged victim” means an adult who is impaired, an adult who is incapacitated, an elderly person, or a vulnerable adult, and may have been subject to abuse, neglect, self-neglect, or exploitation, based on a report to Adult Protective Services.

(6) “Caregiver” means an adult who has assumed the permanent or temporary care, custody, or responsibility for the supervision of an adult who is impaired or an adult who is incapacitated.

(7) “Court” means the Court of Chancery.

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

(9) “Elderly person” means as defined in § 222 of Title 11.

(10) “Emergency” means that an individual is living in conditions which present a substantial risk of serious harm and includes problems which cannot be managed by an adult who is impaired or an adult who is incapacitated, such as insufficient food supply, inadequate shelter, threatened or actual abuse, or utility shut-off. Emergency does not mean psychiatric emergency under Chapter 50 of Title 16.

(11) “Emergency services” means protective services furnished to an individual in an emergency.

(12) “Essential services” means the physical, medical, social, psychiatric, or legal services necessary to safeguard physical body, rights, or resources of an adult who is impaired or an adult who is incapacitated and to maintain the adult’s physical or mental well-being. “Essential services” includes adequate food and clothing, heated and sanitary shelter, medical care for physical and mental health needs, assistance in personal hygiene, protection from health and safety hazards, or protection from physical or mental injury or exploitation.

(13) “Exploitation” means at least 1 of the following:

a. An act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior.

b. Causing a vulnerable adult to perform services for the benefit of another.

(14) “Financial exploitation” means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of an elderly person or a vulnerable adult by an individual or entity for an individual’s or entity’s profit or advantage other than for the elderly person’s or the vulnerable adult’s profit or advantage. “Financial exploitation” includes any of the following:

a. The use of deception, intimidation, or undue influence by an individual or entity in a position of trust and confidence with an elderly person or a vulnerable adult to obtain or use the property, income, resources, or trust funds of the elderly person or the vulnerable adult for the benefit of an individual or entity other than the elderly person or the vulnerable adult.

b. The breach of a fiduciary duty, including the misuse of a power of attorney, trust, or a guardianship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the elderly person or the vulnerable adult for the benefit of an individual or entity other than the elderly person or the vulnerable adult.

c. Obtaining or using an elderly person’s or a vulnerable adult’s property, income, resources, or trust funds without lawful authority, by an individual or entity who knows or clearly should know that the elderly person or the vulnerable adult lacks the capacity to consent to the release or use of the property, income, resources, or trust funds.

(15) “Financial institution” means any of the following:

a. A “depository institution,” as defined in § 3(c) of the Federal Deposit Insurance Act (12 U.S.C. § 1813(c)).

b. A “federal credit union” or “state credit union,” as defined in § 101 of the Federal Credit Union Act (12 U.S.C. § 1752), including an institution-affiliated party of a credit union, as defined in § 206(r) of the Federal Credit Union Act (12 U.S.C. § 1786(r)).

c. An “institution-affiliated party,” as defined in § 3(u) of the Federal Deposit Insurance Act ( 12 U.S.C. § 1813(u)).

(16) “Independent living arrangement” means a mode of life pursued by an individual capable of providing for the individual’s own care or who, while impaired, nevertheless is able to live outside an institution with assistance in obtaining essential services.

(17) “Interested person” means any of the following:

a. An adult relative or friend of an adult who is impaired or an adult who is incapacitated.

b. An official or representative of Adult Protective Services or a public or nonpublic private agency that provides protective services.

c. A corporation, board, organization, or individual that the Court designates to act in the interest of the adult who is impaired.

(18) “Mistreatment” means the failure to provide appropriate physical or emotional care to an adult who is impaired or an adult who is incapacitated, including the inappropriate use of medications, isolation, or physical or chemical restraints on or of an adult who is impaired or an adult who is incapacitated.

(19) “Neglect” means any of the following:

a. A caregiver’s lack of attention to physical needs of an adult who is impaired or an adult who is incapacitated, including toileting, bathing, meals, and safety.

b. A caregiver’s failure to carry out a treatment plan prescribed by a health-care professional for an adult who is impaired or an adult who is incapacitated.

c. A caregiver’s intentional and permanent abandonment or desertion of an adult who is impaired or an adult or is incapacitated because the caregiver does not make reasonable efforts to ensure that essential services are provided for the adult.

(20) “Physical or mental disability” includes a disability, including intellectual and developmental disabilities, brain damage, physical degeneration, deterioration, senility, disease, or substance use disorder.

(21) “Protective services” means services that are furnished in an emergency to an alleged victim. “Protective services” includes any of the following:

a. Preliminary investigation and evaluation of reports of the alleged victim needing protective services, including a comprehensive social evaluation.

b. Medical and psychiatric evaluation, if necessary.

c. Social casework for the purpose of planning and providing services that the alleged victim needs.

d. Maintenance of the alleged victim in the alleged victim’s own home through provision of personal care, attendant, or adult day services.

e. Assistance in obtaining out-of-home services such as respite care, emergency housing, or placement in a long-term care facility.

f. Referral to or for any of the following:

1. Legal assistance.

2. Information on establishing power of attorney or representative payee arrangements, or on guardianship of the alleged victim or the alleged victim’s property.

3. The Office of the Public Guardian.

4. Medical assistance.

g. Transportation to and from service providers.

h. Other services consistent with this chapter.

(22) “Public Guardian” means the Office of the Public Guardian.

(23) “Self-neglect” means an adult’s inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks, including any of the following:

a. Obtaining essential food, clothing, shelter, or medical care.

b. Obtaining goods or services necessary to maintain physical health, mental health, or general safety.

c. Managing one’s own financial affairs.

(24) “Sexual abuse” means forced or unwanted sexual interaction, either a touching or nontouching act, with an adult who is impaired or an adult who is incapacitated.

(25) “Substantially impaired in the ability to provide adequately for the individual’s own care and custody” means an adult who is impaired or an adult who is incapacitated, and the adult is unable to perform or obtain for the adult’s essential services.

(26) “Vulnerable adult” means an adult who meets the criteria under § 1105(c) of Title 11.

63 Del. Laws, c. 384, §  1;  66 Del. Laws, c. 49, §  1;  68 Del. Laws, c. 42, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 99, §§  1, 2;  72 Del. Laws, c. 89, §§  1-3;  78 Del. Laws, c. 179, §§  368-374;  79 Del. Laws, c. 438, §  1;  80 Del. Laws, c. 31, §  1;  81 Del. Laws, c. 343, § 1;  81 Del. Laws, c. 387, § 1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 529, §§ 2, 4; 

(a) The Secretary shall promulgate rules and regulations for the operation of the adult protective services program.

(b) The Department shall provide protective services according to the regulations promulgated by the Secretary. In doing so, the Department may contract with another agency for the provision of services, or it may provide directly the protective services.

(c) The Department shall utilize, to the extent possible, the resources of a public or private agency which is appropriate and available in providing protective services.

(d) The Department shall designate 5 individuals as the initial staff to deliver protective services, as follows:

(1) One individual of at least the primary family service specialist level as the overall supervisor of the protective services program.

(2) Three individuals of at least the senior family service specialist level, to function throughout the State.

(3) One family service specialist.

(e) [Repealed.]

(f) The Department shall make continuing provisions in each county for the shelter of an individual who is determined to be in temporary need of protection under § 3905, § 3906, or § 3907 of this title. In providing continuing provisions, the Department may do any of the following:

(1) Utilize existing resources, such as a state institution.

(2) Contract for bed space in a private facility.

(3) Utilize the resources of a family care and residential home for an alleged victim not requiring medical care.

(g) The Department may make provisions for securing emergency food, clothing, fuel allotments, and funds for an individual determined to be in need of protection under § 3905, § 3906, or §  3907 of this title, insofar as the services are not available from another state-supported program. To the extent that funds are available for this purpose, the Department may draw upon the funds budgeted to provide emergency services as needed and, where possible, reimbursement must be made to the Department for the services provided which amounts shall revert to the General Fund of the State.

(h) When the Department receives a report concerning an allegation of abuse, neglect, or exploitation, the Department shall begin an investigation into the report within the following timeframes:

(1) For a report that includes an allegation of physical abuse, sexual abuse, or self-neglect, within 1 business day.

(2) For a report that includes an allegation of emotional abuse or neglect, within 3 business days.

(3) For a report that includes an allegation of exploitation, within 5 business days.

(i) The Department shall conduct ongoing training programs for relevant staff to advance the purpose of this chapter.

(j) The Department shall continuously publicize the existence of both of the following:

(1) The 24-hour report-line for those who are required to report abuse or neglect under § 3910 of this title.

(2) The 24-hour, statewide, toll-free telephone number for the public to report abuse or neglect.

63 Del. Laws, c. 384, §  1;  64 Del. Laws, c. 467, §  3;  69 Del. Laws, c. 345, §  5;  73 Del. Laws, c. 41, §  1;  73 Del. Laws, c. 97, §  7;  78 Del. Laws, c. 179, §  375;  81 Del. Laws, c. 343, § 1;  84 Del. Laws, c. 529, § 3; 

(a), (b) [Repealed.]

(c) Adult Protective Services shall do all of the following:

(1) Inform and educate the citizens of the State on the needs of alleged victims and the services available to them.

(2) Accept and process each referral on, or application from, an alleged victim.

(3) Conduct a home visit to each alleged victim, if necessary.

(4) Counsel an alleged victim to assist the alleged victim to accept needed services voluntarily.

(5) Refer an alleged victim to other agencies providing protective services, arrange for visits, and follow up to determine that the agencies delivered the needed protective services.

(6) Maintain case records and statistics.

(7) Contract with existing public or private agencies and professionals for the provision of protective services that the Department does not directly provide.

(8) Provide an alleged victim with temporary shelter, if needed, under § 3903(f) of this title.

(9) Provide emergency food, clothing, fuel allotments, and funds for an alleged victim, if needed.

(10) Arrange the development of a system, in cooperation with public or private agencies, to ensure that protective services required for an emergency are coordinated.

(d) (1) An alleged victim who voluntarily accepts protective services that Adult Protective Services or another agency of this State provides shall pay the costs of the services to the extent that the alleged victim is able from the alleged victim’s own resources, insurance programs, Medicare, Medicaid, or similar programs.

(2) If an alleged victim voluntarily accepts protective services and does not pay for the services despite having adequate resources to pay for them, the State may take action in the Court to obtain reimbursement, after making efforts to collect payment through other means.

(3) If protective services are provided under court order, the Court may authorize reasonable payment to the Department from the resources of the alleged victim, if the Department can prove to the satisfaction of the Court that payment may be made without endangering the welfare or interests of the alleged victim.

(4) To the extent that funds are available, the cost of protective services not paid from the resources of an alleged victim must be debited to Division of Services for Aging and Adults with Physical Disabilities’ budget.

63 Del. Laws, c. 384, §  1;  66 Del. Laws, c. 49, §  2;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §  376;  81 Del. Laws, c. 343, § 1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 529, § 5; 

(a) A qualified individual may receive protective services, if the individual requests or affirmatively consents to receive the services. If the individual withdraws or refuses consent, the Department may not provide the services unless by Court order.

(b) A person may not interfere with the provision of protective services to an individual who requests or consents to receive services or receives services by Court order. If interference occurs on a continuing basis, the Department or the individual receiving the services may petition the Court to enjoin the interference.

63 Del. Laws, c. 384, §  1;  84 Del. Laws, c. 529, § 6; 

If an individual lacks the capacity to consent to receive protective services, services may be provided by 1 or more of the following ways:

(1) A police officer, on probable cause of death or immediate and irreparable physical injury, under § 3907 of this title.

(2) The Attorney General or a Deputy Attorney General of this State, on probable cause of death or immediate and irreparable physical injury, under § 3907 of this title.

(3) An emergency order of the Court, under § 3908 of this title. The Court shall order only that intervention which it determines is the least restrictive of the individual’s liberty and rights, while consistent with the individual’s welfare and safety. The Court shall state in its opinion the basis for the order.

(4) The appointment of a guardian under § 3901 of Title 12.

(5) An Adult Protective Services staff member, on probable cause of death or immediate and irreparable physical injury under § 3907 of this title.

63 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 343, § 1;  84 Del. Laws, c. 529, § 7; 

(a) If probable cause exists to make a peace officer believe that an individual will suffer immediate and irreparable physical injury or death if not immediately placed in a health care facility or other emergency shelter, and if that the individual is incapable of giving consent, the peace officer may transport the individual to an appropriate medical facility or emergency shelter.

(b) If a peace officer transports an individual to an appropriate medical facility or emergency shelter under subsection (a) of this section, the peace officer shall immediately or at the beginning of the next working day notify the Department of all of the following:

(1) The transport.

(2) The circumstances which necessitated the transport.

(3) Any other relevant information.

(c) Adult Protective Services shall investigate and, if involuntary protective services are needed on a continuing basis for the individual transported under subsection (a) of this section, must initiate for the provision of the services under § 3908 of this title or § 3901 of Title 12.

63 Del. Laws, c. 384, §  1;  84 Del. Laws, c. 529, § 8; 

(a) Upon petition by the Public Guardian or Adult Protective Services, the Court may issue an order authorizing the provision of protective services on an emergency basis to an individual after finding on the record and, based on a preponderance of the evidence, that all of the following exist:

(1) The The individual is an adult who is impaired or an adult who is incapacitated.

(2) An emergency exists.

(3) The individual lacks the capacity to consent to receive protective services.

(4) No person authorized by law or Court order to give consent for the adult is available and willing to consent to emergency services.

(5) A compelling reason exists to order services.

(b) In determining whether to issue an emergency order, the Court shall consider all of the following:

(1) Only the protective services necessary to remove the conditions creating the emergency may be ordered, and the Court shall specifically designate the approved services in its order.

(2) Protective services authorized by an emergency order may not include hospitalization or change of residence unless the Court specifically finds the action is necessary and gives specific approval for the action in its order.

(3) Protective services may be provided through an emergency order for a maximum of 90 days upon a showing to the Court that continuation of the original order is necessary to remove the emergency. During this period the adult who is impaired may petition the Court to have the emergency order removed.

(4) In its order, the Court shall appoint the petitioner or another interested person other than the service provider as temporary guardian of the physical body of the adult who is impaired or the adult who is incapacitated. The temporary guardian shall assume responsibility for the adult’s welfare and the Court’s order shall grant the guardian authority to give consent for the adult for the approved protective services until the expiration of the order.

(5) The issuance of an emergency order and the appointment of a temporary guardian does not deprive the individual of any rights except to the extent validly provided for in the emergency order.

(6) To implement an emergency order, the Court may authorize forcible entry of the premises of the adult who is impaired or the adult who is incapacitated for the purpose of rendering protective services or transporting the adult to another location for services. Forcible entry may be authorized only after a showing to the Court that an attempt to gain voluntary access to the premises failed and forcible entry is necessary. The emergency order must include authorization for the appropriate police department to execute forcible entry.

(c) A petitioner for an emergency order shall state, to the best of the petitioner’s knowledge and belief, all of the following:

(1) The petitioner’s name, address, and interest in the circumstances for which the petitioner seeks an emergency order.

(2) The name, address, and approximate age of the adult who is impaired or the adult who is incapacitated in need of protective services.

(3) If the information exists and can be obtained, the names and addresses of the spouse and next of kin of the adult who is impaired or the adult who is incapacitated.

(4) The petitioner’s attempts to contact the individuals named under paragraph (c)(3) of this section and the individuals’ responses to the situation.

(5) The petitioner’s reasonable belief, and facts supporting the belief, as to the existence of the facts stated under paragraphs (a)(1) through (5) of this section.

(6) Facts showing petitioner’s attempt to obtain the adults consent to protective services and the outcome of the attempt.

(7) The proposed protective services.

(d) (1) Actual notice of the filing of a petition under this section and other relevant information, including the factual basis of the belief that emergency services are needed and a description of the exact services to be rendered, must be given to the adult who is impaired or adult who is incapacitated and, at the Court’s discretion, to the adult’s spouse or, if none, to the adult’s adult children, next of kin, or guardian if any.

(2) The Court may waive notice to a party other than the adult who is impaired or adult who is incapacitated and in need of protective services, if the petition avers with specificity that notice would be detrimental to the adult.

(3) Notice must be given in language reasonably understandable by the intended recipient at least 24 hours prior to the hearing for emergency intervention, or longer if possible.

(e) Upon the filing of a petition for an emergency order for protective services, the Court shall hold a hearing within 7 days or immediately, if necessary, under § 3909 of this title.

(f) If the adult who is impaired or the adult who is incapacitated continues to need protective services after the order and renewal under paragraph (b)(3) of this section has expired, services may be rendered only under the appointment of a guardian.

(g) The petitioner or a witness supplying information is immune from civil liability for damages as a result of filing the petition if the petitioner or witness acts in good faith and believes the adult who is impaired or the adult who is incapacitated needs assistance.

(h) This chapter does not affect the authority of the police departments of this State to transfer an adult who is impaired or an adult who is incapacitated to a mental health facility in cases of a psychiatric emergency under Chapter 50 of Title 16.

(i) (1) The Court may issue an order for forcible entry of a building or premises if the Court finds, based upon a verified petition, affidavit, or other evidentiary materials, that probable cause exists to believe that all of the following are true:

a. The adult at the building or premises is an adult who is impaired or an adult who is incapacitated.

b. An emergency exists.

c. The emergency threatens serious harm to the adult who is impaired or the adult who is incapacitated and the harm may occur before a hearing on the petition for an emergency order may be held.

d. The adult who is impaired or the adult who is incapacitated is located in the building or premises described.

e. Entry or access to the building or premises is being denied.

(2) The Court must sign the order for entry.

(3) The order for entry must include all of the following:

a. The address of the building or premises where the adult who is impaired or the adult who is incapacitated is located.

b. The name of the adult who is impaired or the adult who is incapacitated reported to need protective services.

c. A command that entry to the building or premises where the adult who is impaired or adult who is incapacitated is located be permitted for the purpose of seeing or interviewing, assessing, and counseling the adult named in the order.

d. Authorization for entry on a date specified in the order.

(4) This subsection may not be construed to limit or restrict entry if the consent of the owner, lessor, or lawful occupant is obtained.

(5) If a member of the Court is unavailable, a judge of the Superior Court may exercise the powers under this subsection.

63 Del. Laws, c. 384, §  1;  66 Del. Laws, c. 49, §§  3, 4;  67 Del. Laws, c. 185, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §  377;  79 Del. Laws, c. 438, §  1;  81 Del. Laws, c. 343, § 1;  84 Del. Laws, c. 529, § 9; 

(a) The hearing on a petition for involuntary protective services must be held under all of the following conditions:

(1) An individual needing protective services must be present unless the individual has knowingly and voluntarily waived the right to be present or unless, because of physical or mental incapacity, the individual cannot be present without endangering the individual welfare. Waiver or incapacity may not be presumed from nonappearance but must be determined on the basis of factual information that counsel or an Adult Protective Services caseworker supplies to the Court.

(2) An individual needing protective services has the right to counsel regardless of the individual’s presence at the hearing. If the individual is indigent or lacks the capacity to waive counsel, the Court shall appoint counsel. If the individual is indigent, the Court shall assess reasonable attorneys’ fees, such as are customarily charged by attorneys in this State for comparable services. To the extent that funding for this purpose is budgeted and available, funds must be drawn from the budget for the Division of Services for Aging and Adults with Physical Disabilities upon an order directing payment signed by the Court.

(3) An individual needing protective services has the right to all of the following:

a. At the expense of the individual or, if indigent, at the expense of the State, to secure an independent medical or psychological examination relevant to the issue involved in a hearing under this section.

b. Have presented a report of an independent evaluation under paragraph (a)(3)a. of this section or to have the Court hear the evaluator’s personal testimony as to the condition and circumstances of the individual as a part of the evidence presented on the behalf of the individual at the hearing.

c. Have witnesses and evidence subpoenaed on behalf of the individual and have presented at the hearing witnesses and evidence in support of the position of the individual as the individual desires.

(b) The Court shall record a statement of its findings in support of an order for emergency services.

63 Del. Laws, c. 384, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §  378;  84 Del. Laws, c. 529, § 10; 

(a) (1) A person, including a health-care professional as defined under § 701 of Title 16, having reasonable cause to believe that an adult who is impaired or an adult who is incapacitated and is in need of protective services shall report the information supporting reasonable cause to the Department in the manner and format that the Department requires.

(2) Privilege does not relieve an individual or health-care professional from the duty to report under this section.

(b) Upon receipt of a report, the Department shall make a prompt and thorough evaluation to determine whether the adult who is impaired or the adult who is incapacitated named in the report under subsection (a) of this section is in need of protective services and what services are needed, unless the Department determines that the report is frivolous or without a factual basis. The evaluation may include a visit to the adult and consultation with others having knowledge of the facts of the adult’s case. If outside professional assistance is required for a caseworker to complete an evaluation, the Department may contract with an outside professional to provide the assistance.

(c) (1) If an employee of a financial institution who has direct contact with an account holder who is an elderly person or vulnerable adult has reasonable cause to believe that the elderly person or vulnerable adult may be subject to past, current, or attempted financial exploitation, the employee shall follow the financial institution’s internal written policy, program, plan, or procedure for the purpose of establishing protocols for the reporting of past, current, or attempted financial exploitation.

(2) The policies, programs, plans, or procedures under paragraph (c)(1) of this section must require written reporting to the Department, in the format that the Department requires, by the earlier of the date on which the financial institution completes its investigation or 5 business days after the financial institution identifies a suspicious transaction under the financial institution’s adopted policies, programs, plans, or procedures.

(3) The policies, programs, plans, or procedures under paragraph (c)(1) of this section may allow reporting to another agency in addition to the Department, such as the Delaware Department of Justice or the Federal Trade Commission.

(4) The financial institution may place a hold on a proposed transaction for a period of 10 business days following the filing of a report to the Department under paragraph (c)(1) of this section. The financial institution may hold the proposed transaction an additional 30 business days at the request of an investigating federal or state agency or if the financial institution has not heard from either the Department or the Delaware Department of Justice. The financial institution may also seek injunctive relief from a court of competent jurisdiction.

(d) An individual, financial institution, or other entity participating in good faith in reporting or holding or not holding a transaction under this chapter has immunity from civil, administrative, or criminal liability that might otherwise exist as a result of reporting or holding or not holding the transaction.

(e) Unless the Department or the Delaware Department of Justice requests a hold, a financial institution is not required to hold a transaction when provided with information alleging that financial exploitation may have occurred, may have been attempted, or is being attempted. The financial institution may, however, use its discretion to determine whether to refuse to hold a transaction based on the information available to the financial institution.

(f) A financial institution may provide access to or copies of records that are relevant to suspected or attempted financial exploitation of an elderly person or vulnerable adult to the Department, law enforcement, or the Delaware Department of Justice, either as part of a referral to or upon request by the Department, law enforcement, or the Delaware Department of Justice, under an investigation. The records may include historical records or records relating to the most recent transaction that may comprise financial exploitation, not to exceed 30 calendar days before the first transaction that was reported or 30 calendar days after the last transaction that was reported.

63 Del. Laws, c. 384, §  1;  66 Del. Laws, c. 49, §§  5-7;  78 Del. Laws, c. 179, §  371;  79 Del. Laws, c. 438, §  1;  81 Del. Laws, c. 343, § 1;  84 Del. Laws, c. 529, § 11; 

This chapter may not be construed to mean any of the following:

(1) An adult is abused, mistreated, neglected, impaired, incapacitated, or in need of protective services for the sole reason the adult relies upon, or is being furnished with, treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination.

(2) To authorize or require medical care or treatment over the implied or express objections of the adult.

64 Del. Laws, c. 103, §  1;  68 Del. Laws, c. 42, §  3;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 529, § 12; 

(a) (1) Records and information in the possession of the Department or anyone providing service to an alleged victim and the alleged victim’s relatives is deemed confidential, and may be disclosed only under the following conditions:

a. Under an appropriate court order.

b. With the consent of the recipient of the services, if the recipient has legal capacity. If the recipient lacks capacity, the recipient’s power of attorney or legal guardian may consent for the recipient.

c. For medical necessity.

(2) Notwithstanding paragraph (a)(1) of this section, disclosure of records or information is always lawful when necessary for purposes directly connected with the administration of protective services, or when the disclosure does not reveal the identity of the alleged victim, such as in the case of disclosure of statistics or other summary information.

(b) Violation of this section is an unclassified misdemeanor. The Superior Court has jurisdiction over violations of this section.

(c) An Adult Protective Services staff member or another individual providing protective services to an alleged victim who violates these provisions and improperly discloses confidential information must be immediately removed or dismissed.

67 Del. Laws, c. 185, §  2;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 343, § 1;  84 Del. Laws, c. 529, § 13; 

(a) A person who knowingly or recklessly abuses, neglects, exploits, or mistreats an adult who is impaired is guilty of a class A misdemeanor.

(b) A person who knowingly or recklessly exploits an adult who is impaired or an adult who is incapacitated by using the resources of the adult is guilty of the following:

(1) A class A misdemeanor if the value of the resources is less than $500.

(2) A class G felony if the value of the resources is $500 or more but less than $5,000.

(3) A class E felony if the value of the resources is $5,000 or more but less than $10,000.

(4) A class D felony if the value of the resources is $10,000 or more but less than $50,000.

(5) A class C felony if the value of the resources is $50,000 or more.

(6) A class C felony for each subsequent conviction under this subsection regardless of the amount of resources exploited.

(c) An individual who knowingly or recklessly abuses, neglects, exploits, or mistreats an adult who is impaired or an adult who is incapacitated and causes bodily harm, permanent disfigurement, or permanent disability is guilty of a class D felony. If the abuse, neglect, mistreatment, or exploitation results in death, the individual is guilty of a class A felony.

68 Del. Laws, c. 42, §  2;  72 Del. Laws, c. 89, §§  4, 5;  78 Del. Laws, c. 179, §  379;  84 Del. Laws, c. 529, § 14;