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Delaware · Through 2026-10-01 (85 Del. Laws, c. 550)

16 Del. C. § 5641: Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12].

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Where this section sits in the code
  1. Title 16. Health and Safety
  2. Part V. Mental Health
  3. Chapter 56. Behavioral Health [For application of this chapter, see 85 Del. Laws, c. 461, § 12]
  4. Subchapter V. Incidents; Reports; Investigations [For application of this subchapter, see 85 Del. Laws, c. 461, § 12]

As used in this subchapter:

(1) “Abuse” means as defined in § 5631 of this title.

(2) “Critical incident” means an actual or alleged event resulting in the abuse, death, exploitation, neglect, restrictive intervention, or serious injury of a client.

(3) “Exploitation” means as defined in § 5631 of this title.

(4) “Incident” means an actual or alleged event that causes or has the potential to cause harm to a client. The term includes critical incidents and any of the following events:

a. Elopement, including whenever a client leaves a provider organization’s facility despite an imminent threat to the client’s health, safety, or well-being. An elopement does not include events or situations involving a competent adult with decision-making capacity who leaves against medical advice or voluntarily leaves before receiving treatment.

b. A health emergency in which a client receives emergency care not routinely provided by the client’s primary care practitioner, treating practitioners, provider organization, or a hospital admits the client.

c. The client is involved in a crime or contacted by a law-enforcement agency.

d. The client experiences an emergency at a facility where the client resides, including fire, flooding, severe property damage, unsafe conditions, or interruption of utilities lasting more than 8 hours.

(5) “Neglect” means as defined in § 5631 of this title.

(6) “Report” means a report required under § 5642 of this title.

(7) “Restrictive intervention” means as defined in § 5631 of this title.

(8) “Serious injury” means as defined in § 5631 of this title.

Collected 2026-10-21T05:49:39Z. Source file · JSON

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