Violations; class A misdemeanor; jurisdiction; immunity [For application of this section, see 85 Del. Laws, c. 461, § 12].
Del. Code tit. 16, § 5644
in effect(a) It is unlawful for a staff member to intentionally fail to report a critical incident as required under § 5642 of this title. Violation of this subsection is a class A misdemeanor.
(b) It is unlawful for a staff member to intentionally falsify or submit a false report as required under § 5642 of this title. Violation of this subsection is a class A misdemeanor.
(c) A staff member who refuses, fails, or neglects to comply with § 5642 of this title is subject to a civil penalty of not more than $1,000 per violation. The civil penalty under this subsection does not preclude criminal liability under this section.
(d) It is unlawful for a provider organization, executive, or administrator to discharge, retaliate, or otherwise discriminate against an employee for making a report under § 5642 of this title. Violation of this subsection is a civil violation subject to a fine of up to $25,000. Whenever a provider organization, executive, or administrator violates this subsection, the provider organization, executive, or administrator is liable to the employee for treble damages, costs, and attorneys’ fees.
(e) The Attorney General shall enforce the provisions of this section.
(f) The Superior Court of this State has exclusive original jurisdiction over violations of this section.
(g) Except if the individual has engaged in the abuse, exploitation, neglect, or serious injury of a client or caused injuries or death as a result of unreasonable care, wilfully, wantonly, or by gross negligence, an individual making a report under this chapter in good faith and with reasonable care is not subject to any of the following as a result of making the report:
(1) Disciplinary or other adverse action under the professional licensing laws of this State.
(2) Criminal liability.
(3) Civil liability for damages for injuries or death.
(h) This section does not preclude a separate charge, conviction, and sentence for another crime under this Code.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c056/sc05/index.htmlFetched: 10/4/2026