16 Del. C. § 5642: Duty to report; reporting [For application of this section, see 85 Del. Laws, c. 461, § 12].

(a) Except as otherwise provided in subsection (b) of this section, whenever a staff member witnesses an incident or reasonably believes an incident has occurred, the staff member shall report the incident to the Division.

(b) A staff member who reasonably believes that another staff member has already reported an incident need not report the incident under subsection (a) of this section.

(c) A staff member shall ensure a client’s health, safety, and well-being before reporting an incident.

(d) Whenever a staff member reasonably believes that an incident involves conduct that may constitute a crime, the staff member shall contact a law-enforcement agency and report the criminal conduct as soon as possible.

(e) Except if the client refuses, whenever a staff member reasonably believes that a client was raped or sexually assaulted, the staff member shall assist the client in obtaining an examination from a qualified sexual assault nurse examiner.

(f) Except as otherwise required in subsection (d) of this section, a staff member shall immediately report an incident.