Delaware Code Title 16 Sec. 908 – Immunity from liability, and special reimbursement to safe havens for …
(a) Any person, including an agency, organization, or entity, participating in good faith in the making of a report or notifying police officers pursuant to this chapter; assisting in a multidisciplinary case as required by § 906(b)(4) of this title; performing a medical examination without the consent of those responsible for the care, custody, and control of a child under § 906(e) of this title; or exercising emergency protective custody in compliance with § 907 of this title is immune from any liability, civil or criminal, that might otherwise exist, and such immunity extends to participation in any judicial proceeding resulting from the above actions taken in good faith. This section does not limit the liability of any health-care provider for personal injury claims due to medical negligence that occurs as a result of any examination performed pursuant to this chapter.
Terms Used In Delaware Code Title 16 Sec. 908
- 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
- Child: means any person who has not reached that person's own eighteenth birthday. See Delaware Code Title 16 Sec. 902
- Multidisciplinary case: means a comprehensive investigation by the multidisciplinary team for any child abuse or neglect report involving death, serious physical injury, physical injury, human trafficking of a child, torture or sexual abuse, which if true, would constitute a criminal violation against a child, or an attempt to commit any such crime, even if no crime is ever charged. 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
- 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
(b) (1) Except for negligence or intentional acts, a safe haven under § 907A(b) of this title that, or an employee or volunteer of the safe haven who, accepts temporary emergency protective custody of a baby under § 907A of this title is absolutely immune from civil and administrative liability for any act of commission or omission in connection with the acceptance of that temporary emergency protective custody or the provision of care for the baby while the baby is in the safe haven’s temporary emergency protective custody.
(2) If a safe haven under § 907A(b) of this title accepts temporary emergency protective custody of a baby under § 907A of this title, the State shall reimburse the safe haven for eligible, medically necessary costs under the Medicaid Fee for Service Program.
16 Del. C. 1953, § ?1005; 58 Del. Laws, c. 154; 60 Del. Laws, c. 494, § ?1; 71 Del. Laws, c. 199, § ?5; 72 Del. Laws, c. 179, § ?5; 73 Del. Laws, c. 187, §§ ?4, 5, 8; 75 Del. Laws, c. 376, § ?1; 78 Del. Laws, c. 403, § ?4; 81 Del. Laws, c. 144, § ?8; 83 Del. Laws, c. 242, § 3; 83 Del. Laws, c. 448, § 1;