Terms Used In Delaware Code > Title 16 > Chapter 11 > Subchapter V - Criminal Background Checks; Drug Testing -- Home-Care Agencies.

• Applicant: means any of the following:

  a. See Delaware Code Title 16 Sec. 1145

• Arrest: Taking physical custody of a person by lawful authority.
• Authorized representative: means an individual who has the highest priority to act for the patient under law, and who has the authority to make decisions with respect to the patient's health-care preferences. See Delaware Code Title 16 Sec. 1145
• Conviction: A judgement of guilt against a criminal defendant.
• Criminal history: means a report from the Department regarding its review of the applicant's entire federal criminal history from the Federal Bureau of Investigation, under Public Law 92-544 as amended (28 U. See Delaware Code Title 16 Sec. 1145
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1145
• Employer: means a home-care agency; a management company that contracts to provide services on behalf of a home-care agency; or other business entity, including a temporary employment agency, that contracts to provide services on behalf of a home-care agency. See Delaware Code Title 16 Sec. 1145
• 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.
• Home-care agency: means all programs or agencies licensed under § 122(3)m. See Delaware Code Title 16 Sec. 1145
• 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.
• 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
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Private residence: means the domicile of the individual in need of care, either personally owned by that individual or considered the place of residence of that individual. See Delaware Code Title 16 Sec. 1145
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• SBI: means the State Bureau of Identification. See Delaware Code Title 16 Sec. 1145
• 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
• sterilization: means any surgical or medical procedure intended to render a person permanently unable to procreate. See Delaware Code Title 16 Sec. 5701