2019 Delaware Code
Title 31 - Welfare
Chapter 39. Adult Protective Services
§ 3912 Confidentiality of records.
(a) All records and information in the possession of the Department or anyone providing service to an adult protective services alleged victim and the alleged victim’s relatives shall be deemed confidential, and shall be disclosed only pursuant to an appropriate court order, or pursuant to the consent of the recipient of the services, where the recipient is legally competent to so consent. Notwithstanding the foregoing, disclosure shall not be unlawful when necessary for purposes directly connected with the administration of adult protective services, or when the identity of the recipient or recipients of such services is not revealed by the disclosure, such as in the case of disclosure of statistics or other such summary information.
(b) Violation of this section is an unclassified misdemeanor. The Superior Court shall have jurisdiction over violations of this section.
(c) Any staff person of adult protective services or anyone providing service to an adult protective services alleged victim who violates these provisions and improperly discloses confidential information shall immediately be removed or dismissed.
67 Del. Laws, c. 185, § 2; 70 Del. Laws, c. 186, § 1; 81 Del. Laws, c. 343, § 1.
