Definitions [For application of this section, see 85 Del. Laws, c. 461, § 12].

Del. Code tit. 16, § 5631

in effect

As used in this subchapter: (1) “Abuse” means any of the following: a. Willful use of offensive, abusive, or demeaning language causing mental anguish. b. Knowing, reckless, or intentional acts or failures to act causing injury or death. c. Rape or sexual assault. d. “Sexual contact,” “sexual intercourse,” or “sexual penetration” as defined in § 761 of Title 11, regardless of consent. e. Corporal punishment or striking. f. Use of restrictive intervention in violation of federal or State law or regulation. g. Isolation. (2) “Chemical restraint” means the use of a chemical or pharmaceutical through topical application, oral administration, injection, or other means to control a client’s activity. The term does not include using a chemical or pharmaceutical in standard treatment for the client’s medical or psychiatric condition. (3) “Exploitation” means using a client to entertain others under circumstances that cause degradation, humiliation, or mental anguish to the client. The term includes sexual and financial exploitation. (4) “Financial exploitation” means taking or misusing a client’s property or resources through undue influence, breach of a fiduciary relationship, deception, harassment, criminal coercion, theft, or other unlawful or improper means. The term includes using a client’s services without compensation. (5) “Isolation” means a forced separation or failure to include a client in the program or the community’s social surroundings. (6) “Mechanical restraint” means using a device that restricts the free movement of a client’s body. The term does not mean using restraints to support functional body position or proper balance. (7) “Neglect” means any of the following: a. A failure to provide food, shelter, clothing, health care, or services necessary to maintain a client’s health. b. A failure to meet a statutory obligation, judicial order, administrative rule or regulation, policy, procedure, or minimally accepted standard of care. c. A negligent act or omission that causes injury or death to a client or places the client at risk of injury or death. d. A failure to establish or carry out a client’s treatment plan. e. A failure to provide adequate staffing levels or appropriately trained staff. (8) “Personal restraint” means an action that restricts the free movement of an individual’s body, including applying pressure. The term does not include physical guidance or prompting for a brief duration. (9) “Psychiatric hospital” means as defined in § 1001 of this title. (10) “Residential client” means a client who resides in a residential program while receiving treatment. (11) “Residential program” means a licensed program that regularly admits clients with the expectation that the client’s stay will cross at least 2 midnights. (12) “Restraint” includes chemical, mechanical, and personal restraints. The term does not include general confinement in a treatment facility. (13) “Restrictive intervention” includes restraint and seclusion. (14) “Seclusion” means involuntarily confining a client in an area and physically preventing the client from leaving. (15) “Serious injury” means a bodily injury that involves or has a substantial risk of causing at least 1 of the following: a. Death. b. Unconsciousness. c. Extreme physical pain. d. Protracted and obvious disfigurement. e. Protracted loss or impairment of the function of a bodily member or organ, or mental faculty. (16) “Sexual exploitation” means using a client for the sexual gratification of others.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title16/c056/sc04/index.htmlFetched: 10/4/2026