Delaware Code Title 16 Sec. 5185 – Protection and advocacy agency
(a) The protection and advocacy agency is authorized to complement the role of the Department in promoting the health, safety, and well being of patients under this subchapter through monitoring, investigation, and advocacy. In furtherance of this authority, the protection and advocacy agency may engage in the following functions:
(1) Solicit and receive oral and written reports and complaints of abuse, neglect, mistreatment or financial exploitation of facility patients; and
(2) Access a facility; interview patients, residents, facility staff and agents; and inspect and copy records pertaining to a patient with valid consent or as otherwise authorized by federal law.
Terms Used In Delaware Code Title 16 Sec. 5185
- Department: means the Department of Health and Social Services except that Department means the Department of Services for Children, Youth and Their Families in the context of a treatment facility serving minors. See Delaware Code Title 16 Sec. 5181
- Patient: means any individual receiving involuntary or voluntary care, supportive lodging, treatment or other mental health provider services from a facility. See Delaware Code Title 16 Sec. 5181
- Protection and advocacy agency: means the Community Legal Aid Society, Inc. See Delaware Code Title 16 Sec. 5181
(b) No facility shall retaliate or discriminate against any patient or person submitting a report to the protection and advocacy agency or cooperating with the agency’s monitoring, investigation, or advocacy activities.