An Act To Amend Title 11 Of The Delaware Code Relating To Vulnerable Adults.
Senate Bill 85 creates a new criminal offense in Delaware for endangering the welfare of a vulnerable adult. The bill applies to a guardian or any other person who has assumed responsibility for the care or supervision of a vulnerable adult and who intentionally, knowingly, or recklessly acts in a way likely to harm that adult’s physical, mental, or moral welfare, or who intentionally, knowingly, or recklessly fails to act in a way that results in the adult becoming neglected or abused. The bill also specifically includes failing to report a missing vulnerable adult as conduct that can trigger liability if it leads to neglect or abuse.
The bill defines a “vulnerable adult” as a person age 18 or older who, because of isolation, sickness, debilitation, mental illness, or physical, mental, or cognitive disability, is especially susceptible to abuse, neglect, mistreatment, intimidation, manipulation, coercion, or exploitation. It also includes adults for whom a guardian or a guardian of the person or property has been appointed. The offense is classified as a class A misdemeanor, making the conduct punishable under Delaware’s criminal code as a serious misdemeanor-level offense.
SB 85 amends Title 11 of the Delaware Code by adding Section 1105A, thereby creating a new standalone criminal offense focused on the protection of vulnerable adults. It expands potential criminal liability for guardians and caregivers, and it may also reach other individuals who have assumed responsibility for a vulnerable adult’s care or supervision. The bill does not create a civil remedy; instead, it strengthens criminal enforcement tools for abuse, neglect, and related failures to act involving vulnerable adults.
The available context suggests the bill was introduced with a protective, public-safety-oriented purpose and appears to have broad policy appeal because it targets abuse and neglect of a highly at-risk population. No committee transcript or vote record is available, so there is no documented debate in the provided materials. The sponsor list, which includes bipartisan co-sponsors, suggests at least some cross-party support for the measure.
The main point of potential contention is the scope of criminal liability: the bill reaches not only guardians but also any person who has assumed responsibility for a vulnerable adult, and it criminalizes reckless omissions as well as affirmative acts. Another possible issue is the inclusion of failure to report a missing vulnerable adult, which could raise questions about how broadly the offense may be applied in practice. Because the bill requires a two-thirds vote under the Delaware Constitution, procedural support is also significant, though no specific opposition is documented in the provided record.