Delaware

DE · State guide

Delaware licenses several long-term care residential types under 16 Del. C. Ch. 11. Family care homes provide beds and personal care for 2 or 3 residents, with the licensee living in the home. Rest (residential) homes provide beds and personal care in a homelike setting for adults who can generally manage daily activities. Assisted living facilities combine housing, supervision, personal assistance and health care, and group homes for persons with mental illness serve 3-10 adults. Regulations 3225 and 3315 were last amended effective February 1, 2022.

License categories

Assisted living facility
Rest (residential) home
Family care home (2-3 residents)
Group home for persons with mental illness

Key laws

16 Del. C. Ch. 11, Subch. I

Long-term care facilities: definitions and licensing
Official text →

16 Del. Admin. Code 3225

Assisted Living Facilities
Official text →

16 Del. Admin. Code 3315

Family Care Homes
Official text →

Key requirements

ALF administration depends on size: a full-time licensed nursing home administrator at 25+ beds, a part-time NHA (at least 20 hours/week on site) at 5-24 beds, and a qualified RN/LPN director at 4 or fewer beds
Fingerprint-based state and FBI criminal history checks and pre-employment drug testing for employees of facilities licensed under 16 Del. C. Ch. 11 (Reg. 3105)
ALF resident assistants: at least 12 hours of in-service education a year; RN-completed UAI-based assessment before admission
Family care home providers serving residents with dementia need annual dementia-specific training