Delaware Code Title 31 Sec. 3906 – Involuntary protective services
If a person lacks the capacity to consent to receive protective services, these services may only be given in 1 or more of the following ways:
(1) By a police officer, on probable cause of death or immediate and irreparable physical injury, pursuant to § 3907 of this title.
(2) By the Attorney General or a Deputy Attorney General of this State, pursuant to § 3907 of this title.
(3) By an emergency order of the Court, pursuant to § 3908 of this title. The Court shall order only that intervention which it finds to be the least restrictive of the person’s liberty and rights, while consistent with the person’s welfare and safety. The basis for such order and finding shall be stated in the opinion by the Court.
(4) By the appointment of a guardian pursuant to § 3901 of Title 12.
(5) By a family service specialist on probable cause of death or immediate and irreparable physical injury pursuant to § 3907 of this title.
63 Del. Laws, c. 384, § ?1; 70 Del. Laws, c. 186, § ?1; 81 Del. Laws, c. 343, § 1;
Terms Used In Delaware Code Title 31 Sec. 3906
- Court: means the Court of Chancery of the State. See Delaware Code Title 31 Sec. 3902
- Emergency: means that a person is living in conditions which present a substantial risk of serious harm and includes, but is not limited to, problems which cannot be managed by a person who is impaired, such as insufficient food supply, inadequate shelter, threatened or actual abuse or utility shut-off. See Delaware Code Title 31 Sec. 3902
- 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.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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