Elder Abuse Reporting in Delaware: How to File a Complaint and Protect Your Parent

Who Handles Elder Abuse Reports in Delaware

Delaware splits elder abuse oversight between two agencies, and calling the wrong one delays your case.

Adult Protective Services (APS) investigates abuse, neglect, and financial exploitation of vulnerable adults living in the community — at home, in an apartment, or with family. Report to the statewide APS hotline at 1-888-277-4302. APS operates under the Division of Services for Aging and Adults with Physical Disabilities (DSAAPD), the same agency that runs the Aging and Disability Resource Center.

The Division of Health Care Quality (DHCQ) handles complaints against licensed facilities — nursing homes, assisted living communities, and personal assistance services agencies. Their 24/7 toll-free complaint line is 1-877-453-0012. DHCQ conducts inspections and investigates facility complaints under the applicable Delaware regulations.

If your parent lives in a facility and you're not sure whether the concern rises to the level of a formal complaint, the Long-Term Care Ombudsman Program at 1-855-773-1002 can help. Ombudsmen are federally mandated advocates who mediate disputes between residents and facilities, help resolve concerns, and can witness advance directive signings. They're housed at the Herman Holloway Campus in New Castle.

What Qualifies as Reportable Abuse

Delaware law recognizes several categories of abuse, and you don't need proof to file a report — reasonable suspicion is enough:

• Physical abuse: unexplained bruising, fractures, burns, or restraint marks
• Neglect: bedsores, dehydration, unsanitary living conditions, missed medications
• Financial exploitation: unauthorized withdrawals, sudden changes to estate documents, missing personal property
• Emotional abuse: threats, isolation from family and friends, humiliation
• Sexual abuse: any non-consensual sexual contact
• Self-neglect (community setting only): when an adult refuses or is unable to provide for their own basic needs

Under Delaware law, certain professionals — including healthcare providers, social workers, and financial institution employees — are legally mandated to report suspected abuse, neglect, or financial exploitation within 24 hours of discovery. Family members and friends can report as well.

How to File the Report

For a community-based concern (parent at home):

1. Call the statewide APS hotline at 1-888-277-4302
2. Provide the vulnerable adult's name, location, and the nature of the concern
3. Describe specific incidents with dates if possible
4. Ask the intake worker what response timeline applies and how to follow up

For a facility-based concern:

1. Call DHCQ at 1-877-453-0012; the facility complaint line is available 24/7
2. Identify the facility name and the resident involved
3. Describe the specific regulatory violation or care concern
4. Ask how the complaint will be investigated and how to follow up; DHCQ conducts inspections and surveys

You can also file written complaints. Keep a contemporaneous log of what you observed, including photographs of any visible injuries or conditions. This documentation strengthens both the regulatory investigation and any subsequent legal action.

What Happens After You Report

APS reports can be made anonymously, and Ombudsman conversations are confidential. For a DHCQ complaint, ask the intake staff how reporter information is handled; the official online form requires a name.

APS services are confidential and voluntary; ask the APS intake worker what services and protections are available if the adult declines help. If the adult lacks capacity and has no legal representative, ask APS or an attorney about guardianship options through the Court of Chancery.

DHCQ investigations result in a survey report that becomes part of the facility's public record. Substantiated violations can lead to corrective action plans, monetary fines, or — in severe cases — license revocation. You can look up a facility's inspection history and any active corrective plans through the DHCQ online registry.

When to Escalate Beyond State Agencies

If the facility receives Medicare or Medicaid funding (most Delaware nursing homes do), you can also file a complaint with the Centers for Medicare & Medicaid Services (CMS) through their online complaint form. CMS tracks facility deficiencies nationally and can impose federal sanctions.

For suspected criminal conduct — theft, assault, sexual abuse — file a police report with local law enforcement simultaneously. State regulatory investigations and criminal investigations can run in parallel.

If you're navigating a situation where your parent needs care but you're concerned about facility quality, the Delaware Care Decision Toolkit includes a facility comparison worksheet and contract audit checklist that can help you vet providers before placement — catching problems before they start.

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