Terms Used In Delaware Code > Title 16 > Chapter 49A - the Delaware Medical Marijuana Act

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• assisted living facility: means a special combination of housing, supportive services, supervision, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living or instrumental activities of daily living. See Delaware Code Title 16 Sec. 1102
• Baby: means a child not more than 14 days old, except that for a safe haven under § 907A(b) of this title and the safe haven's employees and volunteers, "baby" means a child reasonably believed to be not more than 14 days old. See Delaware Code Title 16 Sec. 902
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Child: means any person who has not reached that person's own eighteenth birthday. See Delaware Code Title 16 Sec. 902
• Child welfare proceeding: means any Family Court proceeding and subsequent appeal therefrom involving custody, visitation, guardianship, termination of parental rights, adoption or other related petitions that involve a dependent, neglected or abused child or a child at risk of same as determined by the Family Court. See Delaware Code Title 16 Sec. 902
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• controlling person: includes the following:

  1. See Delaware Code Title 16 Sec. 1102

• convicted: means entry of a plea of guilty or nolo contendere, regardless of whether the plea was subsequently discharged or dismissed under the first offenders domestic violence diversion program pursuant to § 1024 of Title 10, or under the first offenders controlled substances diversion program pursuant to § 4767 of this title, or of a Robinson plea, or of a probation before judgment discharge without judgment of conviction notwithstanding the provisions of § 4218(g) of Title 11, or a finding of guilt after trial, or a finding of not guilty after trial as a result of the defense of mental disease or defect pursuant to Title 11, or adjudication of delinquency for conduct which if committed by an adult, would constitute a crime; or "conviction" or "convicted" under similar proceedings of another state, territory or jurisdiction. See Delaware Code Title 16 Sec. 902
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Death: means the loss of life of a child. See Delaware Code Title 16 Sec. 902
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1102
• Department: means the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
• Dependent: A person dependent for support upon another.
• Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
• Director: means the Director of the Division of Family Services or the Director of the Division of Management Support Services of the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: shall mean the Division of Health Care Quality;

  (4) a. See Delaware Code Title 16 Sec. 1102

• Division: means the Division of Family Services of the Department of Services for Children, Youth and Their Families. See Delaware Code Title 16 Sec. 902
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• family care home: means a home, including a physical structure and the necessary equipment, that provides beds and personal care services for 2 or 3 residents who cannot live independently and who need or could benefit from a family living situation, and that provides shelter, housekeeping services, food, meals, and personal care for residents. See Delaware Code Title 16 Sec. 1102
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• group home for persons with AIDS: means a residence for 16 or less individuals with AIDS that only admits those individuals with an established diagnosis and disease progression such that the individual requires a routine and frequent combination of physician, professional nursing, and supportive services. See Delaware Code Title 16 Sec. 1102
• group home for persons with mental illness: means a residence that provides 24-hour supports, mental health treatment, rehabilitation, housing for between 3 and 10 adults with a primary diagnosis of psychiatric disabilities, and is fully integrated in the community, not on the grounds of an institution, has shared common living areas, and is where the individual chooses to live. See Delaware Code Title 16 Sec. 1102
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Institutional Abuse Investigation Unit: means the unit within the Department that investigates allegations of institutional child abuse and neglect. See Delaware Code Title 16 Sec. 902
• intensive behavioral support and educational residence: means a residential facility that provides services to adult individuals with autism, developmental disabilities, or severe mental or emotional disturbances who have specialized behavioral needs. See Delaware Code Title 16 Sec. 1102
• Internal information system: means the Department's system of maintaining information related to all reports of abuse, neglect, investigations, family assessments, services and other relevant information. See Delaware Code Title 16 Sec. 902
• Investigation: means the collection of evidence in response to a report of abuse, neglect, or risk of maltreatment of a child by a person responsible for that child's care, custody or control in order to determine if a child has been abused, neglected, or is at risk of maltreatment. See Delaware Code Title 16 Sec. 902
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Long-term care facility: includes all of the following:

  1. See Delaware Code Title 16 Sec. 1102

• Multidisciplinary team: means a combination of the following entities as required by law to investigate or monitor multidisciplinary cases: the Division, the Department's Institutional Abuse Investigation Unit, the appropriate law-enforcement agency, the Department of Justice, and the Investigation Coordinator. See Delaware Code Title 16 Sec. 902
• Near death: means a child in serious or critical condition as a result of child abuse or neglect as certified by a physician. See Delaware Code Title 16 Sec. 902
• Neglect: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
• neighborhood home: means a residence for no more than 5 individuals that is fully integrated in the community, not on the grounds of an institution, has shared common living areas, is where the individual chooses to live, and offers 24-hour supports to individuals with intellectual or developmental disabilities. See Delaware Code Title 16 Sec. 1102
• nursing home: means a residential facility that provides services to residents including resident beds, continuous nursing services, and health and treatment services for individuals who do not currently require continuous hospital care and that provides care in accordance with a physician's order and requires the supervision of a registered nurse (RN). See Delaware Code Title 16 Sec. 1102
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, or any other legal entity, and includes a legal successor of those entities. See Delaware Code Title 16 Sec. 1102
• Physical injury: means as defined in § 1100 of Title 11. See Delaware Code Title 16 Sec. 902
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protection and advocacy agency: means the Community Legal Aid Society, Inc. See Delaware Code Title 16 Sec. 1102
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Registry: means a collection of information as described in Subchapter II of this chapter about persons who have been substantiated for abuse or neglect as provided in Subchapter II of this chapter or who were substantiated between August 1, 1994, and February 1, 2003. See Delaware Code Title 16 Sec. 902
• Report: means the communication of an allegation of child abuse or neglect to the Department pursuant to § 903 or § 905 of this title. See Delaware Code Title 16 Sec. 902
• Resident: means an individual, whether identified as a patient, guest, or other designation, residing and receiving services in a long-term care facility. See Delaware Code Title 16 Sec. 1102
• rest residential facility: means a facility that provides resident beds and personal care services in a homelike environment for adult individuals who are normally able to manage their own activities of daily living. See Delaware Code Title 16 Sec. 1102
• Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
• Serious physical injury: means as defined in § 1100 of Title 11. See Delaware Code Title 16 Sec. 902
• Sexual abuse: means as defined in § 901 of Title 10. See Delaware Code Title 16 Sec. 902
• Subpoena: A command to a witness to appear and give testimony.
• Substantiation: means a finding by a preponderance of the evidence that abuse or neglect has occurred. See Delaware Code Title 16 Sec. 902
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Venue: The geographical location in which a case is tried.