The protection and advocacy system [For application of this section, see 85 Del. Laws, c. 461, § 12].
Del. Code tit. 16, § 5648
in effect(a) The purpose of the protection and advocacy system is to complement the Division’s role in promoting the health, safety, and well-being of clients through advocacy, investigation, and monitoring.
(b) The protection and advocacy system may access clients, facilities, and records as authorized by federal or State law and related regulations.
(c) The Division shall notify the protection and advocacy system no more than 72 hours after receiving a report under § 5642 of this title that a client has died. The notification must include the client’s name, age, the provider organization involved, and the apparent cause of death to the extent that the Division possesses such information and applicable State and federal confidentiality laws permit its disclosure.
(d) A staff member of a provider organization or the Division may report suspected abuse or neglect of a client by provider organization staff to the protection and advocacy system. A staff member who makes a report under this subsection must still report the incident to the Division under § 5642 of this title.
(e) It is unlawful for a provider organization, executive, or administrator to discharge, retaliate, or otherwise discriminate against an employee for making a report to the protection and advocacy system under subsection (d) of this section or for otherwise cooperating with an investigation by the protection and advocacy system. 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.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c056/sc05/index.htmlFetched: 10/4/2026