{"data":{"id":"us-de/16-del.-c.-5642","jurisdiction":"us-de","citation":"16 Del. C. § 5642","heading":"Duty to report; reporting [For application of this section, see 85 Del. Laws, c. 461, § 12].","body":"(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.\n(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.\n(c) A staff member shall ensure a client’s health, safety, and well-being before reporting an incident.\n(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.\n(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.\n(f) Except as otherwise required in subsection (d) of this section, a staff member shall immediately report an incident.","path":["Title 16. Health and Safety","Part V. Mental Health","Chapter 56. Behavioral Health [For application of this chapter, see 85 Del. Laws, c. 461, § 12]","Subchapter V. Incidents; Reports; Investigations [For application of this subchapter, see 85 Del. Laws, c. 461, § 12]"],"source_url":"https://delcode.delaware.gov/title16/title16.pdf","current_through":"2026-10-01 (85 Del. Laws, c. 550)","vintage":"","retrieved_at":"2026-10-21T05:49:39Z","sha256":"2e502ad3e2b6c26509b96ff2c7c79865c40628a2108fc37f4aaefdd7b1acd700","source_id":"us-de","stale":false,"prev":"us-de/16-del.-c.-5641","next":"us-de/16-del.-c.-5643"},"notice":"GroundRules: Original legal text. Not legal advice."}