§ 3910. Duty to report.
675 words·~3 min read·
/de/title-31/chapter-39-adult-protective-services/3910·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A person, including a health-care professional as defined under § 701 of Title 16, having reasonable cause to believe that an adult who is impaired or an adult who is incapacitated and is in need of protective services shall report the information supporting reasonable cause to the Department in the manner and format that the Department requires.
(2)Privilege does not relieve an individual or health-care professional from the duty to report under this section.
(b)Upon receipt of a report, the Department shall make a prompt and thorough evaluation to determine whether the adult who is impaired or the adult who is incapacitated named in the report under subsection
(a)of this section is in need of protective services and what services are needed, unless the Department determines that the report is frivolous or without a factual basis. The evaluation may include a visit to the adult and consultation with others having knowledge of the facts of the adult’s case. If outside professional assistance is required for a caseworker to complete an evaluation, the Department may contract with an outside professional to provide the assistance.
(1)If an employee of a financial institution who has direct contact with an account holder who is an elderly person or vulnerable adult has reasonable cause to believe that the elderly person or vulnerable adult may be subject to past, current, or attempted financial exploitation, the employee shall follow the financial institution’s internal written policy, program, plan, or procedure for the purpose of establishing protocols for the reporting of past, current, or attempted financial exploitation.
(2)The policies, programs, plans, or procedures under paragraph (c)(1) of this section must require written reporting to the Department, in the format that the Department requires, by the earlier of the date on which the financial institution completes its investigation or 5 business days after the financial institution identifies a suspicious transaction under the financial institution’s adopted policies, programs, plans, or procedures.
(3)The policies, programs, plans, or procedures under paragraph (c)(1) of this section may allow reporting to another agency in addition to the Department, such as the Delaware Department of Justice or the Federal Trade Commission.
(4)The financial institution may place a hold on a proposed transaction for a period of 10 business days following the filing of a report to the Department under paragraph (c)(1) of this section. The financial institution may hold the proposed transaction an additional 30 business days at the request of an investigating federal or state agency or if the financial institution has not heard from either the Department or the Delaware Department of Justice. The financial institution may also seek injunctive relief from a court of competent jurisdiction.
(d)An individual, financial institution, or other entity participating in good faith in reporting or holding or not holding a transaction under this chapter has immunity from civil, administrative, or criminal liability that might otherwise exist as a result of reporting or holding or not holding the transaction.
(e)Unless the Department or the Delaware Department of Justice requests a hold, a financial institution is not required to hold a transaction when provided with information alleging that financial exploitation may have occurred, may have been attempted, or is being attempted. The financial institution may, however, use its discretion to determine whether to refuse to hold a transaction based on the information available to the financial institution.
(f)A financial institution may provide access to or copies of records that are relevant to suspected or attempted financial exploitation of an elderly person or vulnerable adult to the Department, law enforcement, or the Delaware Department of Justice, either as part of a referral to or upon request by the Department, law enforcement, or the Delaware Department of Justice, under an investigation. The records may include historical records or records relating to the most recent transaction that may comprise financial exploitation, not to exceed 30 calendar days before the first transaction that was reported or 30 calendar days after the last transaction that was reported.