Elder Abuse
How to Report Suspected Nursing Home Neglect in Delaware
Families who suspect mistreatment usually ask two questions at once: who do I tell, and what will happen if I do? Delaware has clear answers to both. This article walks through the reporting system step by step. It is one part of a larger series; for the full picture, see our guide to nursing home abuse and neglect in Delaware.
How do I report suspected nursing home neglect in Delaware?
If your loved one is in immediate danger, call 911. For a non-emergency concern, report it to Delaware’s Division of Health Care Quality (DHCQ) at 1-877-453-0012 or through its online portal, and keep a record of what you submitted. A report is not a lawsuit; an injury claim is a separate conversation with a lawyer.
DHCQ is the state agency that licenses and inspects nursing homes and assisted living facilities, and it takes complaints of abuse, neglect, mistreatment, and financial exploitation in those facilities. Anyone may report — you do not need proof, only a genuine concern.
First: is this an emergency?
Sort the situation before you pick up the phone:
| If you are seeing… | Do this first |
|---|---|
| Someone in immediate danger, a serious injury, trouble breathing, or a sudden change in alertness | Call 911. Report to the state afterward. |
| A new injury, wound, or change in condition that is not an emergency but worries you | Ask the facility to have a nurse or physician evaluate your loved one now, and note who you asked and when. Then report. |
| A pattern — missed care, poor hygiene, unanswered call lights, weight loss, unexplained bruises | Write down what you have seen and report to DHCQ. |
| A care concern you would like help resolving with the facility | Contact the Long-Term Care Ombudsman Program — and report to DHCQ as well if you suspect neglect or abuse. |
You do not need to diagnose what is happening, and you should not confront a staff member or anyone else you believe may be hurting your loved one. Your job is to get them looked at, write down what you see, and tell the people whose job it is to investigate.
Where to report in Delaware
Division of Health Care Quality — the main channel for facility residents.
- Phone: 1-877-453-0012 (toll-free). The line is staffed 8 a.m. to 4:30 p.m., Monday through Friday; after hours, leave a message and the division will call back.
- Online: through the reporting portal linked from DHCQ’s report-abuse page.
- Fax or mail: fax 1-877-264-8516, or Division of Health Care Quality, 263 Chapman Road, Suite 200, Newark, DE 19702-5408.
Long-Term Care Ombudsman Program — an advocate, not a substitute for a report. Ombudsmen advocate for residents of nursing homes and assisted living facilities, help resolve care concerns, and can help a family through the process. There is no cost to residents or families.
A note on Adult Protective Services (APS): APS handles abuse and neglect reports for at-risk adults living in the community. For a resident of a licensed nursing home or assisted living facility, APS’s own guidance directs the report to DHCQ instead — so if your loved one lives in a facility, DHCQ’s line above is the right first call, not APS.
Who is required to report — and who can
Under 16 Del. C. § 1132, facility employees and service providers who have reasonable cause to believe a resident has been abused, neglected, mistreated, financially exploited, or subjected to medication diversion must report it to the state immediately, with a written report to follow within 48 hours. Reporting is not optional for staff, and it is not satisfied by telling a supervisor and stopping there.
The duty does not stop with staff. The same law says any other person — a family member, a visitor, another resident — shall report when they have reasonable cause to believe a resident has been abused, neglected, mistreated, financially exploited, or subjected to medication diversion. And anyone may contact the state with any complaint about residents’ health, safety, or welfare, even one that falls short of that. In practice, family reports matter enormously: relatives visit at unscheduled times and notice changes staff have normalized.
What to record before and after you report
A report is more useful when it is specific. If the situation allows, take an hour first — and keep adding to the same notes afterward.
- Dates and times. When you visited, when you noticed each change, when you raised it with staff.
- What you observed. Facts, not conclusions. “Found Mom’s call light unplugged on 8/14 and 8/21” carries more weight than “they ignore her.”
- Your loved one’s own words. If they tell you something happened, write it down as close to word for word as you can, with the date.
- Facility communications. Who you spoke with, what they said, and copies of any emails, texts, or letters. The facility’s response — or non-response — is part of the story.
- Witnesses. Names of visitors, roommates, or staff who saw the same thing.
- Photos, where appropriate. An injury or condition you can see may be worth photographing, with your loved one’s consent where they can give it and respecting other residents’ privacy. If you are unsure whether a photo is appropriate, write a description instead.
- Records. Ask the facility, through the proper channel, for copies of your loved one’s care and medical records. Use the access you are legally entitled to — as the resident, their health care agent, or their legal representative.
Do not delay a report to build a perfect file. A concern reported today with partial information beats a polished report next month.
What to include in the report
When you call or file online, have this in front of you:
- Who: your loved one’s name, room, and your relationship to them.
- Where: the facility’s name and location.
- What happened, in order: a short, factual timeline of what you saw and when.
- The harm or concern: the injury, change in condition, or care failure you are worried about.
- What has been done so far: who at the facility you told, what they said, and whether your loved one was seen by a nurse, doctor, or hospital.
- Names you know: staff involved and any witnesses.
Before you hang up or close the page, write down the date, the time, the name of the person you spoke with, and any confirmation or reference number. Keep a copy of anything you submitted in writing. Those details let you follow up and show later exactly what the state was told and when.
What happens after you report
DHCQ reviews complaints against the standards facilities are licensed under, and it can investigate — including unannounced visits, record reviews, and staff interviews. According to the division, if you give your name and address, you will receive a letter naming the investigator assigned to the case and another letter with the outcome once it is closed. If you do not give contact information, do not expect those letters — and the investigator may have follow-up questions that need a way to reach you. Investigative reports are confidential. Substantiated findings can lead to citations and required corrections.
The state does not promise a timeline, and neither can we; some complaints move quickly and others take longer. You can also check the state’s licensed nursing home directory and survey results to see a facility’s inspection history, which sometimes puts a family’s experience into a larger pattern.
If the problem continues after you report: keep documenting, report each new incident (and give the reference number from your earlier report), and ask the Ombudsman program for help pressing the facility on care. If your loved one is in danger at any point, call 911.
Two honest caveats. First, an investigation addresses the facility’s compliance — it does not compensate your loved one for an injury. Second, agency findings take time, and a family’s own documentation often remains the best evidence of what actually happened.
Worried about retaliation? Families often are. Delaware law (16 Del. C. § 1135) protects people who report in good faith, and it bars a facility from retaliating against anyone for making a report. The Ombudsman program also watches for retaliation against residents. Silence, meanwhile, protects no one but the facility.
Reporting and a civil claim are different tracks
A report protects your loved one — and other residents — going forward. It does not answer whether the facility owes compensation for harm already done. That is a civil claim, it has its own deadlines, and nothing about the state’s process pauses them.
| Reporting to the state | Talking with a lawyer | |
|---|---|---|
| Purpose | Safety and facility oversight | Whether the facility owes compensation for an injury |
| What it addresses | Whether the facility followed the rules it is licensed under | Who may be responsible, what records and evidence matter, and which deadlines apply |
| Who acts | The Division of Health Care Quality | You and an attorney you choose |
| Next step | Call 1-877-453-0012 or file online; keep the reference number | Ask for a review while records are fresh |
The two tracks work best together: report the concern, keep your documentation, and if there is a real injury — a fall, a pressure wound, a hospital stay, a sudden decline — have the situation reviewed by a lawyer while records are fresh. How claims work — who can sue, which deadlines apply, and what the facility can be held responsible for — is covered in suing a nursing home in Delaware, and our nursing home abuse and neglect page explains how we approach these cases.
If you are still at the stage of deciding whether what you have seen amounts to a problem, warning signs of nursing home abuse and neglect may help you organize what you are seeing.
Common questions
Does reporting nursing home neglect start a lawsuit? No. A report to DHCQ starts a state review of the facility. It does not file a claim on your loved one’s behalf, and it does not pause the deadlines that apply to one.
Who investigates complaints about a Delaware nursing home? The Division of Health Care Quality, part of the Delaware Department of Health and Social Services. The Long-Term Care Ombudsman Program advocates for residents and helps resolve concerns.
Do I need proof before I report? No. Anyone may report a genuine concern, and Delaware law requires a report from anyone who has reasonable cause to believe a resident has been abused, neglected, mistreated, or financially exploited. Specific dates and facts help, but the investigation is the state’s job.
Will the facility know I reported? DHCQ says investigative reports are confidential and that it protects the privacy of people who report. That is not the same as an anonymous report: the division may need your name and contact information to follow up with you. Delaware law also bars a facility from retaliating against someone who reports in good faith.
If you want a second set of eyes
Murphy & Landon has represented Delaware families in nursing home abuse and neglect cases since 1992. If you have reported a facility — or are unsure whether what you have seen warrants it — we can tell you what information matters and what usually happens next. The consultation is free, and there is no obligation: contact us or call 302-472-8100.
For the broader picture of residents’ rights and facility obligations, return to our guide to nursing home abuse and neglect in Delaware.
This article is general information about Delaware law, not legal advice. If someone is in immediate danger, call 911 before doing anything else on this page.