Terms Used In Delaware Code > Title 16 > Chapter 11 > Subchapter III - Abuse, Neglect, Mistreatment, Financial Exploitation, or Medication Diversion of Patients or Residents

• Allegation: something that someone says happened.
• Arrest: Taking physical custody of a person by lawful authority.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Court: means the Superior Court or the Family Court of the State, both of which courts shall have jurisdiction and responsibility for the implementation of this chapter. See Delaware Code Title 16 Sec. 5001
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous to others: means that by reason of mental condition there is a substantial likelihood that the person will inflict serious bodily harm upon another person within the immediate future. See Delaware Code Title 16 Sec. 5001
• Dangerous to self: means that by reason of mental condition there is a substantial likelihood that the person will imminently sustain serious bodily harm to oneself. See Delaware Code Title 16 Sec. 5001
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1102
• Department: means the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 5001
• 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
• Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
• 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.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hospital: means the Delaware Psychiatric Center and any hospital in this State which is certified by the Secretary of the Department of Health and Social Services as being an appropriate facility for the diagnosis, care and treatment of persons with mental conditions 18 years of age or older. See Delaware Code Title 16 Sec. 5001
• 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.
• 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.
• Licensed counselor working in the field of mental health: means "licensed counselor working in the field of mental health" as defined by Chapter 30 of Title 24. See Delaware Code Title 16 Sec. 5401
• Long-term care facility: includes all of the following:

  1. See Delaware Code Title 16 Sec. 1102

• Mental condition: means a current, substantial disturbance of thought, mood, perception or orientation which significantly impairs judgment, capacity to control behavior, or capacity to recognize reality. See Delaware Code Title 16 Sec. 5001
• Mental health services provider: means any physician, registered professional nurse, licensed counselor working in the field of mental health, psychologists and licensed clinical social workers as defined in this chapter. See Delaware Code Title 16 Sec. 5401
• 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.
• Patient: means any person with whom the mental health services provider has established a patient-care provider relationship. See Delaware Code Title 16 Sec. 5401
• Peace officer: means any public officer authorized by law to make arrests in a criminal case. See Delaware Code Title 16 Sec. 5001
• 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
• Physician: means "physician" as defined by Chapter 17 of Title 24. See Delaware Code Title 16 Sec. 5401
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Protection and advocacy agency: means the Community Legal Aid Society, Inc. See Delaware Code Title 16 Sec. 1102
• Psychiatrist: means an individual who possesses a valid State of Delaware license to practice medicine and has completed an accredited residency training program in psychiatry. See Delaware Code Title 16 Sec. 5001
• Registered professional nurse: means "registered professional nurse" as defined by Chapter 19 of Title 24. See Delaware Code Title 16 Sec. 5401
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• 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
• Secretary: means the Secretary of the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 5001
• 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
• State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
• Statute: A law passed by a legislature.
• 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.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302