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The States

Delaware

The Delaware file holds 72 instruments from the State's governor, health authorities, courts and agencies, 72 of them with the exhibit file held by The COVID Project. 159 records in the Library resolve to Delaware in all, counting its metros, the agency clusters and the standing duties.

Code DEFirst closure or stay-at-home order Mar. 16, 2020 Ex. DE-002End of general restrictions May 21, 2021Orders reaching 2021 Q3 26Primary source read 69 Confirmed from a secondary source 3
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The Delaware file

The record in brief

Delaware's COVID-19 regime was one continuous chain of gubernatorial instruments under 20 Del. C. ch. 31, each reciting that it 'has the force and effect of law' and that non-compliance 'constitutes a criminal offense. 20 Del. C. §§ 3115(b); 3116(9); 3122; 3125.' The Declaration of a State of Emergency was signed March 12, 2020 at 3:00 p.m. and took effect 8:00 a.m. March 13, 2020 (DE-001). RUN-UP (Mar. 13-31, 2020; proof for 2020 Q2): First Modification (Mar. 16, effective 8:00 p.m.) limited restaurants, taverns and bars to take-out and delivery, banned gatherings of 50 or more and closed casino gaming (DE-002, DE-070); Second Modification (Mar. 18) closed bowling alleys, theaters, fitness centers, spas, sports and concert venues from 8:00 a.m. Mar. 19 (DE-003); Third Modification closed beaches Mar. 21 (DE-004); the Fourth Modification (Mar. 22, 4:00 p.m.; effective 8:00 a.m. Mar. 24) closed 'All physical locations of Non-Essential Businesses... until after May 15, 2020,' required 'all State of Delaware employees able to telecommute... to telecommute,' and bound every Essential Business to a list of duties including 'Teleworking must be maximized,' no visitors, six feet at all times and exclusion of over-60 and quarantined workers, on pain of 'immediate closure' (DE-005); the Fifth Modification (Mar. 22, 4:02 p.m.; effective 8:00 a.m. Mar. 24) ordered 'all individuals... to shelter in place' and prohibited 'All travel... except Essential Travel' (DE-006); the Public Health Emergency of Mar. 23 and the DEMA/DPH Joint Order (DE-007, DE-008); the Sixth Modification's eviction, foreclosure, utility and insurance moratoria (Mar. 24; DE-009); the Seventh Modification's 14-day quarantine on every person entering Delaware (Mar. 29, effective Mar. 30; DE-010); the Eighth Modification confining child care to Emergency Childcare Sites and directing every other child care 'to close no later than April 6, 2020' (DE-011); schools closed Mar. 16-27, then through May 15, then for the year (DE-067, DE-068, DE-069). 2020 Q2: the shelter-in-place, closure, telework and quarantine orders in force Apr. 1; gatherings of ten prohibited and 20 percent occupancy from Apr. 2 (DE-012); expanded closures, hotels and every short-term rental closed to leisure guests, dentists and auto dealers by appointment only from Apr. 7 (DE-013); face coverings mandatory for individuals Apr. 28 and businesses May 1 (DE-017); stepwise reopening May 8 (curbside), May 20 (worship 30 percent), May 22 (beaches; outdoor dining), June 1 (Phase 1 at 30 percent; shelter-in-place, quarantine and closures struck) (DE-019 to DE-024), June 15 (Phase 2 at 60 percent; child care reopened at group size 15; 'Employers are encouraged to continue teleworking') (DE-025), June 22 (personal care 60 percent) (DE-026); courts reopened June 8 (DE-027 recital); beach-area bars closed from July 3 (DE-027). 2020 Q3: Phase 2 regime; statewide bar rules July 27 (DE-028); school reopening code with universal K-12 masks Aug. 27 (DE-029); sports code Sept. 2 (DE-030); the Twenty-Seventh (Omnibus) Modification effective Sept. 4, 2020 consolidating 60 percent capacity, 30 percent for gyms, prohibition of gatherings over 250, the face-covering code, bar rules, school and child-care codes, the State-employee travel ban and the telework encouragement (DE-031, DE-056). 2020 Q4: Second Revision (Nov. 6) lifted beach-bar rules (DE-057); Third Revision (Nov. 23) re-tightened to indoor gatherings of the lesser of 30 percent or 50, home gatherings of 10, restaurants 30 percent, bar parties of two, masks in gyms, no out-of-state youth sports from Dec. 1 (DE-032); Fourth Revision (Dec. 14 through Jan. 11, 2021) imposed a stay-at-home advisory, a universal indoor mask order, 30/20/40 percent capacity, indoor gatherings of the lesser of 30 percent or 10, a 10:00 p.m.-5:00 a.m. closing of every food and drink establishment and group exercise capped at 10 (DE-033). 2021 Q1: Fifth Revision (Jan. 8) lifted the closing while continuing the advisory and mask order (DE-034); Sixth Revision (Feb. 12) raised capacity to 50 percent (DE-058); Seventh Revision (Feb. 19) raised indoor gatherings to the lesser of 50 percent or 25 (DE-059); Eighth Revision (Apr. 1) raised outdoor gatherings to 150 (DE-035). 2021 Q2: Ninth and Tenth Revisions (Apr. 1, Apr. 28) (DE-060, DE-036); the Twenty-Eighth Modification (May 12) struck the Omnibus and eliminated the capacity caps effective 8:00 a.m. May 21, 2021 while keeping masks and three-foot distancing (DE-037); the Twenty-Ninth Modification (May 18) struck the Twenty-Eighth effective the same moment, eliminated the general mask and distancing mandates and kept mandatory face coverings in transit, health care, long-term care, home care agencies, State facilities, corrections, shelters, child care and schools, the Responsibilities of All Businesses (exclusion of sick, isolated and quarantined employees; sick leave; sanitizer), bus distancing, sports plan approvals, long-term-care rules and the eviction and foreclosure stays (DE-038), restated June 15 (DE-039). 2021 Q3: DE-038/DE-039 and the State of Emergency in force July 1-12; DHSS emergency infection-control regulations for home health, hospitals, nursing facilities, hospice and personal assistance agencies effective July 1 for 120 days (DE-061 to DE-063); Termination effective 12:01 a.m. July 13, 2021 (DE-040) issued 'contemporaneously' with a Public Health Emergency effective 11:59 p.m. July 12 empowering DPH 'to direct vaccination, treatment and such other measures as may be necessary,' binding insurers, testing and vaccinating providers under 16 Del. C. § 107(a) fines, and suspending long-term-care staffing ratios (DE-041), extended Aug. 10 and Sept. 8 (DE-042, DE-043); the DHSS/DEMA Joint Practice Order (DE-048); universal K-12 school masking and masks in State congregate settings from Aug. 16 (DE-044); child-care masking from Aug. 15-16 (DE-045, DE-066); the Aug. 12 announcement and the Sept. 10 DHSS emergency orders requiring, from Sept. 30, 2021, pre-start and ongoing COVID-19 testing of every staff member, vendor and volunteer of hospitals, home health, hospice, personal assistance, adult day care, surgical and residential facilities, with work-exclusion protocols (DE-064, DE-046, DE-047, DE-055), and the State-employee requirement from Sept. 30 (DE-064). Post-period, stated precisely: K-12 staff vaccination-or-testing Oct. 15, 2021 (DE-054); a new State of Emergency with an indoor mask mandate Jan. 3, 2022 (indexed, not saved).

The six quarters

What the record shows in force in Delaware on the first day and the last day of each quarter. Every exhibit named here opens its record. The orders of March 13 to 31, 2020 belong to the second quarter of 2020, because wages paid after March 12, 2020 fall in that quarter.

QuarterFirst dayLast day
2020 Q2Second quarter of 2020The quarter nationally →Apr. 1, 2020: shelter in place and travel prohibition (DE-006); every non-essential physical location closed (DE-005 ¶ 8); State telework mandate and 'Teleworking must be maximized' (DE-005 ¶¶ 1, 5.l); 14-day quarantine on entrants (DE-010); child care confined to Emergency Childcare Sites, all others closing by Apr. 6 (DE-011); screening at high-risk essential businesses and signage at all essential businesses from Apr. 1 (DE-011 ¶ 2); restaurants take-out only, casinos, gyms, theaters, bowling, spas closed (DE-002, DE-003, DE-070); beaches closed (DE-004); eviction, foreclosure, utility and insurance moratoria (DE-009); schools closed through May 15 (DE-068); PHE and Joint Order (DE-007, DE-008); gatherings of ten prohibited and 20 percent occupancy from 8:00 p.m. Apr. 2 (DE-012).June 30, 2020: Phase 2 (DE-025, DE-026): 60 percent of fire occupancy for retail, malls, food and drink, personal care, casinos, worship (30 percent for exercise facilities); indoor gatherings under ten outside Phase 2 industry guidance, outdoor events to 250, over 250 prohibited absent plan; face coverings for all individuals and all businesses (DE-017 as amended); business responsibilities including exclusion of isolated or quarantined employees; child care at group size 15; 'Employers are encouraged to continue teleworking'; eviction and foreclosure stays as modified July 1 (DE-027 §§ B-E); beach-area bar closure effective July 3 (DE-027 § A); State of Emergency extended June 6 (DE-049); schools closed for the year (DE-069).
2020 Q3Third quarter of 2020The quarter nationally →July 1, 2020: Phase 2 regime as of June 30 (DE-025, DE-026, DE-017); beach-area standing bar service closed from 8:00 a.m. July 3 (DE-027 § A); insurance, eviction, foreclosure and utility provisions as modified effective July 1 (DE-027 §§ B-E); Fourth Extension July 6.Sept. 30, 2020: Twenty-Seventh (Omnibus) Modification effective Sept. 4 as revised Sept. 25 (DE-031, DE-056): 60 percent for retail, malls, food and drink, personal care, casinos, racetracks, arts, worship; 30 percent for exercise facilities and senior centers; 'large gatherings and events' over 250 'hereby prohibited at all locations and venues' absent DPH-approved plan; face-covering code for individuals and businesses (§ H); bar-service rules (reservations, seated, meals); eviction, foreclosure and utility provisions (§ E); child-care group sizes (§ D); school code with universal K-12 masks (§ F); State employees barred from out-of-state business travel (§ M.1); 'Employers are encouraged to continue teleworking' (§ N); Sixth Extension Sept. 3 (DE-050).
2020 Q4Fourth quarter of 2020The quarter nationally →Oct. 1, 2020: Omnibus Modification as revised Sept. 25 (DE-031, DE-056); Seventh Extension Oct. 2.Dec. 31, 2020: Fourth Revision winter regime effective Dec. 14 (DE-033): stay-at-home advisory ('advised and strongly encouraged to stay home as often as possible'); universal indoor mask order with any non-household person; maximum occupancy 30 percent (20 percent for spaces over 100,000 square feet; 40 percent for retail under 5,000 square feet, houses of worship and funerals); indoor gatherings the lesser of 30 percent or 10; food and drink establishments closed to on-premises service 10:00 p.m.-5:00 a.m.; same-household tables; group exercise capped at 10 with thirteen feet; sports paused; Third Revision limits (DE-032); Tenth Extension Dec. 24 (DE-051).
2021 Q1First quarter of 2021The quarter nationally →Jan. 1, 2021: Fourth Revision winter regime in full (DE-033), stated to run through Jan. 11, 2021.Mar. 31, 2021: 50 percent capacity for restaurants, retail, gyms, worship, arts (DE-058, effective Feb. 12); indoor gatherings the lesser of 50 percent or 25 (150 by DPH plan), private indoor gatherings 10, outdoor 50 (250 by plan), exercise classes 15 (DE-059); universal indoor mask order and business face-covering duties (DE-031 § H as revised by DE-033); stay-at-home advisory continued 'until further notice' (DE-034); Thirteenth Extension Mar. 19 (DE-052).
2021 Q2Second quarter of 2021The quarter nationally →Apr. 1, 2021: as of Mar. 31 plus the Eighth Revision effective 8:00 a.m. Apr. 1 (outdoor gatherings 150; outdoor venues 50 percent over 100,000 square feet, 75 percent under; indoor gatherings unchanged at the lesser of 50 percent or 25; restaurants 50 percent) (DE-035); Ninth Revision sports code effective 12:30 p.m. (DE-060).June 30, 2021: Twenty-Ninth Modification effective May 21 as revised June 15 (DE-038, DE-039): mandatory face coverings on transit and school buses, in health-care facilities, 16 Del. C. ch. 11 facilities, for home-care-agency employees, in State facilities, corrections, shelters, child care and schools; Responsibilities of All Businesses (exclusion of sick, isolated and quarantined employees; sick leave; sanitizer); three-foot distancing on buses; DPH-approved sports plans; long-term-care screening and cohorting; PPE-guidance compliance; suspension of staffing ratios; eviction and foreclosure stays; Sixteenth Extension June 13 (DE-053); DHSS infection-control emergency orders signed June 17 and June 25 to take effect July 1 (DE-061 to DE-063).
2021 Q3Third quarter of 2021The quarter nationally →July 1, 2021: Twenty-Ninth Modification as revised (DE-038, DE-039) and the State of Emergency (DE-053) in force through 12:01 a.m. July 13; DHSS Emergency Secretary's Orders effective July 1 for 120 days requiring CDC-based infection prevention and control programs, designated leads, written plans, PPE for all patients and staff, and orientation and annual training at every home health agency (16 DE Admin. Code 4406 § 11.0), skilled home health agency (4410), hospital (4407 § 6.0), nursing facility (3201 § 6.10), hospice (4468), personal assistance services agency (3345 § 9.0), adult day care (4402), birthing center (4403), pediatric extended care center (4409), and assisted-living, group and family care homes (3210, 3225, 3305-3320) (DE-061, DE-062, DE-063; 25 Del. Reg. 6-37 (July 1, 2021)).Sept. 30, 2021: Public Health Emergency effective 11:59 p.m. July 12 as extended Aug. 10 and Sept. 8 (DE-041, DE-042, DE-043); DHSS/DEMA Joint Practice Order as reissued Sept. 23 (DE-048); DHSS 4202 § 7.7 universal K-12 masks and State congregate-setting masks from Aug. 16 (DE-044); DDOE 933 and 934 child-care masks from Aug. 16 and Aug. 15 (DE-045, DE-066); DHSS infection-control orders in force through Oct. 28 (DE-061 to DE-063); DHSS vaccination-or-testing orders for hospitals, home health (aide only and skilled), hospice, personal assistance, adult day care, birthing and surgical centers, pediatric extended care, dialysis, office-based surgery, free-standing emergency departments and residential facilities effective Sept. 30 for 120 days (DE-046, DE-047, DE-055); State-employee vaccination-or-testing from Sept. 30 (DE-064; DE-NR-4); federal layer (Federal files).

The end of general restrictions

The day the general business restrictions ended in Delaware, the instrument that ended them, and what the record shows still in force afterward. The end of the general orders is not the end of the record: sector rules, standing duties and the federal layer continue past it.

End of general restrictions

2021-05-21 08:00 (capacity, gathering, distancing and general mask mandates); 2021-07-13 00:01 (State of Emergency and all related orders)

Instrument Twenty-Eighth Modification of the Declaration of a State of Emergency (May 12, 2021, 2:00 p.m.; struck the Omnibus Modification and its ten Revisions and eliminated the capacity and gathering caps) and Twenty-Ninth Modification (May 18, 2021, 12:00 p.m.; struck the Twenty-Eighth and eliminated the general face-covering and distancing mandates), both effective May 21, 2021 at 8:00 a.m. E.D.T. (Ex. DE-037; DE-038). The State of Emergency itself was terminated by the Termination of July 12, 2021, effective July 13, 2021 at 12:01 a.m. E.D.T. (Ex. DE-040).

What remained in force

May 21 to July 13, 2021 (DE-038 as revised by DE-039): mandatory face coverings on public transportation and school buses, in every health-care facility, in every 16 Del. C. ch. 11 facility, for employees of licensed home care agencies, in State facilities open to the public, in correctional facilities and shelters, and inside every child care home, center and school; the Responsibilities of All Businesses (face coverings per Section E; hand sanitizer at every entry and exit; flexible non-punitive sick leave; exclusion of diagnosed, suspected or symptomatic employees; 'Prohibit employees who have been told they must be isolated or quarantined from on-premises work until isolation or quarantine status is discontinued by DPH'; symptomatic employees must stop work and self-isolate); three-foot distancing on bus transportation; DPH-approved plans for tournaments and indoor sports; long-term-care screening, exclusion and cohorting rules; PPE-guidance compliance for hospitals, nursing and residential facilities, ambulatory services, home health and personal assistance agencies; suspension of long-term-care staffing ratios; court-supervised stays of evictions and foreclosures; DHR COVID-19 leave authority to Sept. 30, 2021. From July 1, 2021: the DHSS infection-control emergency regulations (DE-061 to DE-063 and parallels) for 120 days. From 11:59 p.m. July 12, 2021: the Public Health Emergency (DE-041) as extended Aug. 10 and Sept. 8 (DE-042, DE-043), the Joint Practice Order (DE-048), the Aug. 13 school and child-care mask orders (DE-044, DE-045, DE-066), the Sept. 30 vaccination-or-testing orders (DE-046, DE-047, DE-055, DE-064), and the federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS) in the Federal files.

Preemption of local orders

Delaware issued no instrument preempting or barring local orders. Delaware has no county health departments; the Division of Public Health is the sole health authority and county governments issued no health-officer orders. The Governor's orders set statewide rules and expressly required that every gathering or event 'comply with all other applicable state, county and local laws for gatherings and events' (Ex. DE-031 § N; DE-038 § J.2), and the Omnibus Modification imposed duties on beach towns directly ('At a minimum, towns must...' (Ex. DE-031 § C.1)). nothing in the State chain displaced them.

Third quarter of 2021

July 1 through September 30, 2021, the last claimable quarter: the instruments the record shows in force in Delaware. An order in force on any day of the quarter is an order in force during it. The quarter nationally →

In force (20)

Sector chronology

How the orders reached each kind of business in Delaware, sector by sector, in the order the record gives. Open a sector to read its chronology; every exhibit named opens its record.

Restaurants and bars

Take-out and delivery only from 8:00 p.m. Mar. 16, 2020 (DE-002, DE-070); take-out alcohol from 8:00 p.m. Mar. 18 (DE-003); expanded outdoor seating May 22 (DE-023); dine-in at 30 percent June 1 (DE-024); 60 percent June 15 (DE-025); beach-area standing bar service closed July 3 (DE-027); statewide bar rules (reservations, seated, meals, no standing) July 27 (DE-028; DE-031 § N); beach rules lifted Nov. 6 (DE-057); 30 percent and bar parties of two Nov. 23 (DE-032); closed 10:00 p.m.-5:00 a.m. Dec. 14, 2020 (DE-033) to Jan. 8, 2021 (DE-034); 50 percent Feb. 12 (DE-058); caps eliminated May 21, 2021 (DE-037, DE-038); business duties to July 12, 2021 (DE-038 § J.3).

Retail

Non-essential retail physical locations closed Mar. 24, 2020 (DE-005 ¶¶ 7-8); 20 percent occupancy for open stores Apr. 2 (DE-012 ¶ 2); malls, electronics, craft, book, video and other retailers added and curbside forbidden Apr. 7 (DE-013); curbside for listed categories May 8 and appointment-only categories (DE-019); 30 percent June 1 (DE-023 § C.5; DE-024); 60 percent June 15 (DE-025; DE-031 § N.c-d); 30 percent (20 percent over 100,000 sq. ft.; 40 percent under 5,000 sq. ft.) Dec. 14 (DE-033); 50 percent Feb. 12, 2021 (DE-058); caps eliminated May 21, 2021.

Personal care

Hair salons, barber shops, nail salons and spas closed Mar. 24, 2020 (DE-005 ¶ 7.1.e; DE-013 ¶ 1.f.2); essential-personnel appointments only May 8 (DE-019 ¶ p); 30 percent June 1 (DE-023 § C.5.e); 60 percent June 22 (DE-026); 30 percent Dec. 14 (DE-033); 50 percent Feb. 12, 2021 (DE-058); caps eliminated May 21, 2021.

Fitness and entertainment

Fitness centers, health spas, bowling alleys, movie theaters, sports facilities and concert venues closed 8:00 a.m. Mar. 19, 2020 (DE-003); gyms, casinos, racetracks, rinks, studios, indoor athletic facilities, theaters and venues closed Mar. 24 (DE-005 ¶ 7); arcades, pools, indoor play areas, zoos, museums added Apr. 7 (DE-013); pools 20 percent May 22 (DE-021); gyms and casinos 30 percent June 1 (DE-023); casinos 60 percent and exercise facilities 30 percent June 15 and in the Omnibus (DE-025; DE-031 § N.f, h); masks at all times in gyms Nov. 23 (DE-032); group exercise capped at 10 Dec. 14 (DE-033), 15 Feb. 19, 2021 (DE-059); arts venues 50 percent Feb. 12 (DE-058); sports paused Dec. 14, resumed Jan. 11 at 30 percent (DE-033, DE-034); caps eliminated May 21, 2021; DPH plan approval for tournaments and indoor sports to July 12, 2021 (DE-038 § K).

Hotels and short-term rentals

Hotel workers designated essential (DE-005 ¶ 6.i.12) but 'Commercial Lodging is hereby closed to leisure guests from the date of this Order until after May 15, 2020,' including 'hotels, motels, inns, short-term accommodations, vacation homes, or condo rentals (such as Airbnb, VRBO, HomeAway...),' with lodging food service take-out only and 'Fitness centers, pools, spas... conference rooms or meeting facilities' closed, Apr. 7-June 1, 2020 (DE-013 ¶ 3.a); rental ban and quarantine lifted June 1 (DE-024 recital); 30 percent for hotel common areas and no indoor gatherings of ten June 1 (DE-024 § D.k); Phase 2 hotel and convention guidance (DE-025; DE-031 § N); gatherings over 250 prohibited Sept. 4, 2020-May 21, 2021 (DE-031 § N); caps eliminated May 21, 2021.

Offices and telework

'all State of Delaware employees able to telecommute are required to telecommute (work from home) wherever possible' and, for every Essential Business, 'Teleworking must be maximized' and 'Visitors are not allowed inside worksites unless they are providing essential services' from 8:00 a.m. Mar. 24, 2020 (DE-005 ¶¶ 1, 5.l-m); realtors, 'customer service call centers and telemarketing operations' and every unlisted business closed to 'Minimum Basic Operations' (DE-005 ¶ 7; DE-006 ¶ 10; DE-013 ¶ 1.f); 'Employers are encouraged to continue teleworking. Employees who have been working from home throughout this crisis should continue working from home' June 15, 2020 to May 21, 2021 (DE-025 § D.5.p; DE-031 § N); 'State employees shall refrain from any business travel out of state' Sept. 4, 2020 (DE-031 § M.1); business face-covering, exclusion and quarantine duties through July 12, 2021 (DE-038 § J.3); public bodies to meet electronically (DE-031 § I.2).

Manufacturing

Designated essential ('Workers necessary for the manufacturing of materials, goods, products, or similar distribution') (DE-005 ¶ 6.j) under the same Essential Business duties and inspection sanction from Mar. 24, 2020; high-risk screening and signage from Apr. 1 (DE-011 ¶ 2); 20 percent occupancy where customers admitted Apr. 2 (DE-012 ¶ 2); face-covering and business duties to May 21, 2021 (DE-017; DE-031 §§ H, N) and exclusion and quarantine duties to July 12, 2021 (DE-038 § J.3).

Construction

Designated essential ('Workers who are engaged in the construction of residential, non-residential structures, or infrastructure') (DE-005 ¶ 6.o) subject to the Essential Business duties of DE-005 ¶ 5 (six feet at all times; exclusion of over-60, sick and quarantined workers; no visitors; 'Teleworking must be maximized'; inspection and 'immediate closure' sanction) from Mar. 24, 2020; screening where deemed high-risk from Apr. 1 (DE-011 ¶ 2.a); Phase 1 and Phase 2 business responsibilities and masks (DE-024 § D; DE-025 § D.5; DE-031 § N); exclusion and quarantine duties to July 12, 2021 (DE-038 § J.3).

Real estate

Realtors designated Non-Essential 'except that Realtors are permitted to work from home to the extent feasible, to do all necessary showings... and to take any action necessary to complete any sales or rentals in progress' Mar. 24-June 1, 2020 (DE-005 ¶ 7.6; DE-013 ¶ 3.j); open houses limited under Phase 1 and 2 (DE-023 § C.5.f; DE-031 § N.g); remote notarization authorized Apr. 15, 2020 (DE-015 § B); eviction and foreclosure moratoria from Mar. 25, 2020 (DE-009 §§ B-C), modified July 1, 2020 (DE-027 §§ C-D), carried in the Omnibus (DE-031 § E) and continued as court-supervised stays to July 12, 2021 (DE-038 § B); holdover-rent limits (DE-018).

Hospitals and long-term care

Nursing-home precautions Mar. 18 (DE-003); PHE of Mar. 23 (prior-authorization waiver; inspections suspended; DPH powers) (DE-007); out-of-state and lapsed-license practitioners (DE-008); Eleventh Modification long-term-care and testing rules Apr. 15 (DE-015); volunteer activation under crisis standards Apr. 23 (DE-016); screening, cohorting, PPE-guidance compliance and staffing-ratio suspension through July 12, 2021 (DE-031 §§ K-L; DE-038 §§ G-H); infection-control emergency regulations July 1, 2021 (DE-062 hospitals; DE-063 nursing facilities); PHE of July 12, 2021 (DE-041); Joint Practice Order (DE-048); vaccination-or-testing of all staff, vendors and volunteers Sept. 30, 2021 (DE-047; DE-046; DE-055).

Dental and elective health care

Dentist offices 'by appointment only' from Apr. 7, 2020 (DE-013 ¶ 3.d); the Governor's recital of 'the suspension of elective surgeries and non-emergency medical procedures during the COVID-19 pandemic' (DE-016 at 4; instrument DE-NR-2); face coverings at every health-care provider including dentists Apr. 28, 2020 through July 12, 2021 (DE-017 ¶ 3.c; DE-038 § E.2.ii.b); PPE-guidance compliance for ambulatory services (DE-011 ¶ 2.c; DE-038 § H.1); dental Medicaid copay suspension (DE-038 § H.17); office-based surgery and surgical centers under the Sept. 30, 2021 vaccination-or-testing orders (DE-064; Public Archives index 3335, 4405).

Schools

Closed Mar. 16-27, 2020 (DE-067), through May 15 (DE-068), for the 2019-20 year (DE-069; DE-020 recital of 'the suspension of the school year'); reopening under DDOE instructions with universal K-12 face coverings, three-foot seating, cohorting and bus limits from Aug. 27, 2020 (DE-029; DE-031 § F; DE-056); in-person or hybrid instruction required from Feb. 2021 (DE-058; Governor's release); school code and masks carried to July 12, 2021 (DE-037 § C; DE-038 § C, § E.2.ii.g); universal K-12 masks 'regardless of vaccination status' from Aug. 16, 2021 for 120 days (DE-044); staff vaccination-or-testing Oct. 15, 2021 (post-period) (DE-054).

Child care

Confined to 'Emergency Childcare Sites' serving 'children of essential personnel' with all others 'directed to close no later than April 6, 2020 at 8:00 a.m.' (DE-011 ¶ 1); 'All licensed childcare facilities not designated as Emergency Childcare Sites' listed as Non-Essential Apr. 7 (DE-013 ¶ 1.f.12); 'Child care may reopen to all families, with a maximum allowable group size of fifteen (15) children' June 15, 2020 (DE-025 § D.7.k); school-age groups to 25 Sept. 1, 2020 (DE-031 § D.4); masks for kindergarten and up inside child care Aug. 27, 2020 through July 12, 2021 (DE-029 § C; DE-038 § E.2.ii.g; DE-039); masks in centers from Aug. 16 and in family homes from Aug. 15, 2021 for 120 days (DE-045, DE-066).

Worship and gatherings

Gatherings of 50 or more banned Mar. 16 (DE-002, DE-070); gatherings of ten or more prohibited Apr. 2 (DE-012 ¶ 1); in-person worship limited to ten Apr. 7 (DE-013 ¶ 1.e); worship 30 percent May 20 (DE-022); indoor gatherings under ten and outdoor to 250 June 1 (DE-024 § C); over 250 prohibited absent plan Sept. 4 (DE-031 § N); indoor gatherings the lesser of 30 percent or 50, home gatherings 10, worship 30 percent to 100, outdoor 50 Nov. 23 (DE-032); indoor the lesser of 30 percent or 10, worship and funerals 40 percent Dec. 14 (DE-033); indoor the lesser of 50 percent or 25 Feb. 19, 2021 (DE-059); outdoor 150 Apr. 1 (DE-035); caps eliminated May 21, 2021 (DE-037, DE-038 § J.2).

Courts and public offices

State offices open with mandatory telecommuting from Mar. 24, 2020 (DE-005 ¶ 1); FOIA deadlines extended (DE-005 ¶ 2; DE-031 § I); public bodies to meet electronically (DE-031 § I.2); the Delaware courts 'reopened to conduct business' June 8, 2020 with eviction and foreclosure matters stayed (DE-027 at 5) and had 'limited public access to judicial facilities' as of Apr. 27, 2021 (DE-036 at 3); DMV road tests, motorcycle courses, vision and emissions testing suspended, lobbies capped and cashless operation from Mar. 17, 2020 (DE-072); Vital Statistics by appointment from Mar. 25, 2020 (news.delaware.gov); remote notarization (DE-015); masks in State facilities open to the public through July 12, 2021 (DE-038 § E.2.ii.e) and in State congregate settings from Aug. 16, 2021 (DE-044 § 7.7.2).

Travel and quarantine

'All travel... except Essential Travel or travel for Essential Activities... is prohibited' Mar. 24-June 1, 2020 (DE-006 ¶ 6); 'Any individual who enters Delaware from another state, and who is not merely passing through, must immediately self-quarantine for fourteen (14) days' Mar. 30-June 1, 2020 (DE-010 ¶ 1; struck by DE-024 § B.1); out-of-state youth-sports travel barred Dec. 1, 2020 with quarantine on return (DE-032; DE-034 § O); State employees barred from out-of-state business travel Sept. 4, 2020 (DE-031 § M.1); DEMA and DPH isolation and quarantine authority (20 Del. C. § 3136; 16 Del. C. § 505) preserved in every order (DE-006 ¶ 4; DE-031 § A.4; DE-038 § A.4); quarantined employees excluded from on-premises work through July 12, 2021 (DE-005 ¶ 5.f; DE-038 § J.3.vii).

Face coverings

All individuals from 8:00 a.m. Apr. 28, 2020 (transit; every business as a customer; every health-care provider; outdoors where distancing impracticable) and all businesses from 8:00 a.m. May 1, 2020 (DE-017 ¶¶ 3-4); boardwalks May 22 (DE-021); Omnibus face-covering code Sept. 4, 2020 (DE-031 § H); gyms at all times Nov. 23 (DE-032); universal indoor mask order with any non-household person Dec. 14, 2020 (DE-033); general mandate and business enforcement duty ended 8:00 a.m. May 21, 2021 (DE-038 § E); mandatory in transit and school buses, health-care facilities, ch. 11 facilities, home care agency employees, State facilities, corrections, shelters, child care and schools through 12:01 a.m. July 13, 2021 (DE-038 § E.2.ii; DE-039); K-12 schools and State congregate settings from Aug. 16, 2021 (DE-044); child care from Aug. 15-16, 2021 (DE-045, DE-066); federal conveyance mask order throughout 2021 (Federal files).

Vaccination mandates

Announced Aug. 12, 2021 for staff of hospitals, hospice, home health (aide only and skilled), personal assistance, adult day care, surgical and pediatric facilities and for State employees, effective Sept. 30, 2021 (DE-064); DHSS Emergency Secretary's Orders dated Sept. 10, 2021 (the 4406 order's signature line reads Aug. 10, 2021) effective Sept. 30, 2021 for 120 days: 'Before their start date, all new staff, vendors and volunteers must be tested for COVID-19'; 'All staff, vendors and volunteers must be tested... in a manner consistent with Division of Public Health Guidance'; mandatory work-exclusion and outbreak-staffing plans (DE-046 (4406 §§ 11.4-11.5); DE-047 (4407 §§ 6.4-6.5); DE-055 (3345 §§ 9.4-9.5); parallel orders for 4410, 4468, 4402, 4403, 4405, 4409, 3210, 3301, 3305, 3310, 3315, 3320, 3330, 3335, 3340 indexed in the Public Archives); State employees from Sept. 30, 2021 (DE-064; DE-NR-4); K-12 staff Oct. 15, 2021 (post-period) (DE-054).

Standing duties

The statutes, codes and penalty provisions of Delaware that stood before March 2020 and ran through every claimable quarter. They are the reason nothing an employer did under the orders was voluntary. Read the Delaware duties →

Delaware bound every person and every business to the pandemic measures through four standing layers of law that existed before March 2020 and remained in force through September 30, 2021. First, the Emergency Management Act, 20 Del. C. ch. 31, provides that every emergency order of the Governor 'shall have the force and effect of law' (section 3115(b); section 3121(b)), commands State and local law-enforcement authorities to enforce those orders (section 3122), and makes violation of the chapter or of an emergency order a criminal offense punishable by a fine of $50 to $500 or imprisonment up to six months for each violation (section 3125); every Modification of the Delaware Declaration recited exactly these sections. Second, the public-health-emergency subchapter (sections 3131-3147) and the communicable-disease statutes (16 Del. C. sections 122 and 505) give the Department of Health and Social Services 'supreme authority in matters of quarantine,' require regulations to 'prevent and control the spread of all diseases that are dangerous to the public health,' give those regulations 'the force and effect of law' (16 Del. C. section 126(a)), bind persons under isolation or quarantine to 'obey' the authority's rules and orders, and punish violation of any DHSS regulation or order with a fine of $100 to $1,000 (16 Del. C. section 107(a)). Third, the standing regulations, 16 DE Admin. Code 4202 (Control of Communicable and Other Disease Conditions, as adopted February 1, 2020) and 4458 (the Delaware Food Code), imposed quarantine, isolation, exclusion and sanitation duties on persons, institutions and food establishments. Fourth, the workplace duty: Delaware is a federal-OSHA State, so the general duty clause of 29 U.S.C. section 654(a)(1) bound every Delaware employer directly, and 19 Del. C. sections 106-107 give the Delaware Department of Labor rulemaking power over 'industrial or occupational diseases in every employment or place of employment' and a right of entry that 'no employer or owner shall refuse.' Delaware enacted no COVID-19 liability shield for businesses; the only immunities (20 Del. C. sections 3129 and 3144; 10 Del. C. sections 4001-4002 as extended by the orders) cover the State, its contractors, qualified medical personnel and persons rendering assistance at the State's request, so the standard of care for a business remained the general law, into which the orders' protocols entered as law. The orders themselves made continued operation conditional: an Essential Business 'shall follow the coronavirus guidelines for public safety enumerated by the CDC and DPH' on pain of 'immediate closure' (Ex. DE-005 paragraph 5); a business admitting customers 'shall also comply' with occupancy, spacing and sanitation rules (Ex. DE-012 paragraph 2); a reopened business 'must comply with' the Reopen Plan 'or other applicable DPH guidance' (Exs. DE-025 paragraph 1, DE-031 section N.1); and the Public Health Authority was authorized to inspect, close and penalize non-compliant businesses (Ex. DE-031 section A.5), which it did (Exs. DUT-DE-011, DUT-DE-014). Recommendations are recorded as recommendations: 'strongly encouraged' (face coverings for the exempt), 'encouraged' (telework in Phase 2), 'should' (sick-leave policies following CDC and DPH guidance).

By character

  • 5 Guidance incorporated
  • 4 Sanitary code duty
  • 3 Order penalty
  • 2 Statutory authority
  • 2 Workplace duty
  • 1 Adjudication
  • 1 Agency position statement
  • 1 Statutory duty

Exhibits

Ex. DUT-DE-001 Ex. DUT-DE-002 Ex. DUT-DE-003 Ex. DUT-DE-004 Ex. DUT-DE-005 Ex. DUT-DE-006 Ex. DUT-DE-007 Ex. DUT-DE-008 Ex. DUT-DE-009 Ex. DUT-DE-010 Ex. DUT-DE-011 Ex. DUT-DE-012 Ex. DUT-DE-013 Ex. DUT-DE-014 Ex. DUT-DE-015 Ex. DUT-DE-016 Ex. DUT-DE-017 Ex. DUT-DE-018 Ex. DUT-DE-019

The Delaware duties, read in full19 duty records in the Library →

On the calendar

Every dated instrument in the Delaware file across the nineteen months from March 2020 through September 2021, in the order it took effect. A bar takes the color of the instrument's first limitation type and runs from its effective month through its end month; a fading edge marks an instrument whose end the record does not date. Point at a bar for its dates; open the bar for the record.

Emergency declaration 13Stay-at-home 4Business closure 11Telework mandate 3Capacity limit 22Gathering cap 19Face-covering requirement 20Travel and quarantine 8Schools and child care 19Health care orders 23Curfew and hours 2Alcohol and bars 10Events and venues 20Courts and public offices 7Workplace rules 22Vaccination or testing 6Quarantine and isolation 8Other 12

All instruments

Every record in the Delaware file, in the order it took effect. Filter by quarter and by limitation type; sort by any column; open the exhibit ID for the record and the operative words, or the file where The COVID Project holds it.

Showing 72 of 72 instrumentsEvery record that resolves to Delaware in the Library (159) →
ExhibitInstrumentIssuerLevelEffectiveEndQuartersLimitationsSourceFile
Ex. DE-065Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus)Insurance Commissioner's Bulletin No. 115 (Mar. 9, 2020; updated Feb. 4, 2022): health insurers to plan…Trinidad Navarro, Insurance Commissioner, Delaware Department of InsuranceSector regulatorMar. 9, 2020Sept. 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Health care ordersOtherPrimary source readPDF 335 KB
Ex. DE-001Declaration of a State of Emergency for the State of Delaware Due to a Public Health ThreatGovernor John C. CarneyStateMar. 13, 2020July 13, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Emergency declarationConfirmed from a secondary sourcePDF 224 KB
Ex. DE-002First Modification of the Declaration of a State of EmergencyFirst Modification of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health…Governor John C. CarneyStateMar. 16, 2020June 1, 20202020 Q2Emergency declarationBusiness closureGathering capAlcohol and barsEvents and venuesConfirmed from a secondary sourcePDF 143 KB
Ex. DE-067Governor's directive closing Delaware public schools March 16-27, 2020Governor Carney Directs Two-Week Closure of Delaware Public SchoolsGovernor John C. Carney (with the Department of Education)StateMar. 16, 2020June 30, 20202020 Q2Schools and child carePrimary source readPDF 472 KB
Ex. DE-070Governor's release announcing the First Modification of the Declaration of a State of EmergencyGovernor Carney Limits Restaurants to Take-Out and Delivery (restaurants, taverns and bars take-out and…Governor John C. CarneyStateMar. 16, 2020June 30, 20202020 Q2Business closureGathering capAlcohol and barsEvents and venuesPrimary source readPDF 410 KB
Ex. DE-072DelDOT operational changes announcement (Mar. 16, 2020)DelDOT Announces Additional Operational Changes (DMV road examinations, motorcycle safety courses, vision…Delaware Department of Transportation, Division of Motor VehiclesSector regulatorMar. 17, 2020June 30, 20202020 Q2Courts and public officesPrimary source readPDF 265 KB
Ex. DE-003Second Modification of the Declaration of a State of EmergencySecond Modification of the Declaration of a State of Emergency (take-out alcohol; closure of bowling alleys…Governor John C. CarneyStateMar. 18, 2020June 15, 20202020 Q2Business closureGathering capHealth care ordersAlcohol and barsEvents and venuesOtherConfirmed from a secondary sourcePDF 203 KB
Ex. DE-071Domestic and Foreign Insurers Bulletin No. 116, COVID-19Insurance Commissioner's Bulletin No. 116 (requests that all admitted and non-admitted carriers suspend…Trinidad Navarro, Insurance Commissioner, Delaware Department of InsuranceSector regulatorMar. 20, 2020June 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Health care ordersOtherPrimary source readPDF 124 KB
Ex. DE-004Third Modification of the Declaration of a State of EmergencyThird Modification of the Declaration of a State of Emergency (closure of all Delaware beaches except for…Governor John C. CarneyStateMar. 21, 2020May 22, 20202020 Q2Business closureTravel and quarantineEvents and venuesPrimary source readPDF 134 KB
Ex. DE-007Declaration of a Public Health Emergency for the State of DelawareDeclaration of a Public Health Emergency (Public Health Authority designated; medical-supply and bed-capacity…Governor John C. CarneyStateMar. 23, 2020July 12, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Emergency declarationHealth care ordersQuarantine and isolationPrimary source readPDF 160 KB
Ex. DE-008Joint Order of the Department of Health and Social Services and the Delaware Emergency Management AgencyJoint Order authorizing out-of-state and lapsed-license health-care and mental-health providers to practice in…A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, on behalf of DHSSSector regulatorMar. 23, 2020Dec. 1, 20202020 Q22020 Q32020 Q42021 Q12021 Q2Health care ordersPrimary source readPDF 168 KB
Ex. DE-068Governor's order closing Delaware schools through May 15, 2020Governor Carney Closes Delaware Schools Through May 15Governor John C. CarneyStateMar. 23, 2020May 15, 20202020 Q2Schools and child carePrimary source readPDF 324 KB
Ex. DE-005Fourth Modification of the Declaration of a State of EmergencyFourth Modification of the Declaration of a State of Emergency (designation of Essential and Non-Essential…Governor John C. CarneyStateMar. 24, 2020Apr. 7, 20202020 Q22020 Q3Business closureTelework mandateCapacity limitWorkplace rulesPrimary source readPDF 327 KB
Ex. DE-006Fifth Modification of the Declaration of a State of EmergencyFifth Modification of the Declaration of a State of Emergency (shelter in place; prohibited and permitted…Governor John C. CarneyStateMar. 24, 2020June 1, 20202020 Q2Stay-at-homeBusiness closureGathering capTravel and quarantinePrimary source readPDF 158 KB
Ex. DE-009Sixth Modification of the Declaration of a State of EmergencySixth Modification of the Declaration of a State of Emergency (elections rescheduled; eviction moratorium…Governor John C. CarneyStateMar. 25, 2020July 1, 20202020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Courts and public officesWorkplace rulesOtherPrimary source readPDF 325 KB
Ex. DE-010Seventh Modification of the Declaration of a State of EmergencySeventh Modification of the Declaration of a State of Emergency (fourteen-day self-quarantine of individuals…Governor John C. CarneyStateMar. 30, 2020June 1, 20202020 Q2Travel and quarantineQuarantine and isolationPrimary source readPDF 220 KB
Ex. DE-011Eighth Modification of the Declaration of a State of EmergencyEighth Modification of the Declaration of a State of Emergency (Emergency Childcare Sites; closure of other…Governor John C. CarneyStateMar. 30, 2020June 15, 20202020 Q22020 Q32020 Q42021 Q12021 Q2Business closureSchools and child careHealth care ordersWorkplace rulesPrimary source readPDF 308 KB
Ex. DE-012Ninth Modification of the Declaration of a State of EmergencyNinth Modification of the Declaration of a State of Emergency (gatherings of ten or more prohibited; twenty…Governor John C. CarneyStateApr. 2, 2020June 1, 20202020 Q2Capacity limitGathering capWorkplace rulesPrimary source readPDF 90 KB
Ex. DE-013Tenth Modification of the Declaration of a State of EmergencyTenth Modification of the Declaration of a State of Emergency (expanded Non-Essential Business list; no…Governor John C. CarneyStateApr. 7, 2020May 8, 20202020 Q2Business closureCapacity limitTravel and quarantineHealth care ordersEvents and venuesPrimary source readPDF 219 KB
Ex. DE-014Extension of the Declaration of a State of Emergency (First Extension)Extension of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health ThreatGovernor John C. CarneyStateApr. 10, 2020May 8, 20202020 Q2Emergency declarationPrimary source readPDF 117 KB
Ex. DE-015Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. BEleventh Modification of the Declaration of a State of Emergency (testing providers bound to DPH guidance…Governor John C. CarneyStateApr. 15, 2020July 13, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Health care ordersCourts and public officesQuarantine and isolationPrimary source readPDF 159 KB
Ex. DE-016Twelfth Modification of the Declaration of a State of EmergencyTwelfth Modification of the Declaration of a State of Emergency (activation of lapsed-license volunteer health…Governor John C. CarneyStateApr. 23, 2020July 13, 20212020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Health care ordersPrimary source readPDF 149 KB
Ex. DE-069Governor's decision closing Delaware schools for the remainder of the 2019-20 academic yearDelaware Schools Closed through Academic YearGovernor John C. Carney (with the Department of Education)StateApr. 24, 2020June 30, 20202020 Q2Schools and child carePrimary source readPDF 353 KB
Ex. DE-017Thirteenth Modification of the Declaration of a State of EmergencyThirteenth Modification of the Declaration of a State of Emergency (face coverings required in public…Governor John C. CarneyStateApr. 28, 2020June 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Face-covering requirementWorkplace rulesPrimary source readPDF 139 KB
Ex. DE-018Fourteenth Modification of the Declaration of a State of EmergencyFourteenth Modification of the Declaration of a State of Emergency (holdover tenants: rent limited to the…Governor John C. CarneyStateApr. 30, 2020June 30, 20212020 Q22020 Q32020 Q42021 Q12021 Q2OtherPrimary source readPDF 154 KB
Ex. DE-019Fifteenth Modification of the Declaration of a State of EmergencyFifteenth Modification of the Declaration of a State of Emergency (presidential primary rescheduled to July 7…Governor John C. CarneyStateMay 8, 2020June 1, 20202020 Q2Business closureCapacity limitWorkplace rulesPrimary source readPDF 342 KB
Ex. DE-020Sixteenth Modification of the Declaration of a State of EmergencySixteenth Modification of the Declaration of a State of Emergency (educator evaluations, professional…Governor John C. CarneyStateMay 10, 2020Sept. 30, 20202020 Q22020 Q3Schools and child carePrimary source readPDF 189 KB
Ex. DE-021Seventeenth Modification of the Declaration of a State of EmergencySeventeenth Modification of the Declaration of a State of Emergency (beaches, boardwalks and swimming…Governor John C. CarneyStateMay 15, 2020May 21, 20212020 Q22020 Q32020 Q42021 Q12021 Q2Business closureCapacity limitFace-covering requirementEvents and venuesPrimary source readPDF 234 KB
Ex. DE-022Eighteenth Modification of the Declaration of a State of EmergencyEighteenth Modification of the Declaration of a State of Emergency (houses of worship: in-person services of…Governor John C. CarneyStateMay 20, 2020June 30, 20202020 Q2Capacity limitGathering capEvents and venuesPrimary source readPDF 194 KB
Ex. DE-023Nineteenth Modification of the Declaration of a State of EmergencyNineteenth Modification of the Declaration of a State of Emergency (restaurant outdoor seating expansion…Governor John C. CarneyStateMay 22, 2020June 15, 20202020 Q2Telework mandateCapacity limitTravel and quarantineAlcohol and barsWorkplace rulesPrimary source readPDF 263 KB
Ex. DE-024Twentieth Modification of the Declaration of a State of EmergencyTwentieth Modification of the Declaration of a State of Emergency (Phase 1 Reopen Plan: shelter in place…Governor John C. CarneyStateJune 1, 2020June 15, 20202020 Q2Capacity limitGathering capFace-covering requirementTravel and quarantineEvents and venuesWorkplace rulesPrimary source readPDF 233 KB
Ex. DE-049Third Extension of the Declaration of a State of EmergencyThird Extension of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health…Governor John C. CarneyStateJune 6, 2020July 6, 20202020 Q22020 Q3Emergency declarationPrimary source readPDF 129 KB
Ex. DE-025Twenty-First Modification of the Declaration of a State of EmergencyTwenty-First Modification of the Declaration of a State of Emergency (Phase 2 Reopen Plan: 60 percent of fire…Governor John C. CarneyStateJune 15, 2020Sept. 4, 20202020 Q22020 Q3Telework mandateCapacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rulesPrimary source readPDF 266 KB
Ex. DE-026Twenty-Second Modification of the Declaration of a State of EmergencyTwenty-Second Modification of the Declaration of a State of Emergency (youth and adult recreational sports…Governor John C. CarneyStateJune 20, 2020Sept. 4, 20202020 Q22020 Q3Capacity limitGathering capEvents and venuesPrimary source readPDF 177 KB
Ex. DE-027Twenty-Third Modification of the Declaration of a State of EmergencyTwenty-Third Modification of the Declaration of a State of Emergency (Phase 2 temporary business restrictions…Governor John C. CarneyStateJuly 1, 2020Nov. 6, 20202020 Q32020 Q42021 Q12021 Q22021 Q3Business closureCapacity limitSchools and child careAlcohol and barsCourts and public officesOtherPrimary source readPDF 327 KB
Ex. DE-028Twenty-Fourth Modification of the Declaration of a State of EmergencyTwenty-Fourth Modification of the Declaration of a State of Emergency (face coverings for children; statewide…Governor John C. CarneyStateJuly 27, 2020Sept. 4, 20202020 Q3Capacity limitFace-covering requirementAlcohol and barsWorkplace rulesPrimary source readPDF 217 KB
Ex. DE-029Twenty-Fifth Modification of the Declaration of a State of EmergencyTwenty-Fifth Modification of the Declaration of a State of Emergency (school reopening under DDOE…Governor John C. CarneyStateAug. 27, 2020Sept. 4, 20202020 Q32020 Q42021 Q12021 Q22021 Q3Face-covering requirementSchools and child careWorkplace rulesPrimary source readPDF 186 KB
Ex. DE-030Twenty-Sixth Modification of the Declaration of a State of EmergencyTwenty-Sixth Modification of the Declaration of a State of Emergency (youth and amateur adult sports…Governor John C. CarneyStateSept. 2, 2020Sept. 4, 20202020 Q32020 Q42021 Q12021 Q22021 Q3Gathering capFace-covering requirementEvents and venuesPrimary source readPDF 206 KB
Ex. DE-050Sixth Extension of the Declaration of a State of EmergencySixth Extension of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health…Governor John C. CarneyStateSept. 3, 2020Oct. 2, 20202020 Q32020 Q4Emergency declarationPrimary source readPDF 133 KB
Ex. DE-031Twenty-Seventh Modification of the Declaration of a State of Emergency (the 'Omnibus Modification')Twenty-Seventh Modification of the Declaration of a State of Emergency (consolidating all active COVID-19…Governor John C. CarneyStateSept. 4, 2020Dec. 10, 20202020 Q32020 Q42021 Q12021 Q2Capacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careHealth care ordersAlcohol and barsEvents and venuesCourts and public officesWorkplace rulesOtherPrimary source readPDF 1.1 MB
Ex. DE-056First Revision to the Twenty-Seventh Modification (Omnibus Modification)First Revision to the Twenty-Seventh Modification (school reopening and positive-case notification; FOIA…Governor John C. CarneyStateSept. 25, 2020May 21, 20212020 Q32020 Q42021 Q12021 Q2Capacity limitGathering capSchools and child careOtherPrimary source readPDF 285 KB
Ex. DE-057Second Revision to the Twenty-Seventh Modification (Omnibus Modification)Second Revision to the Twenty-Seventh Modification (beach-town bar-service restrictions lifted; statewide bar…Governor John C. CarneyStateNov. 6, 2020May 21, 20212020 Q42021 Q12021 Q2Capacity limitAlcohol and barsPrimary source readPDF 162 KB
Ex. DE-032Third Revision to the Twenty-Seventh Modification (Omnibus Modification)Third Revision to the Twenty-Seventh Modification (indoor gatherings at businesses limited to the lesser of 30…Governor John C. CarneyStateNov. 23, 2020Feb. 12, 20212020 Q42021 Q1Capacity limitGathering capFace-covering requirementTravel and quarantineAlcohol and barsEvents and venuesPrimary source readPDF 350 KB
Ex. DE-033Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification)Fourth Revision to the Twenty-Seventh Modification (winter surge restrictions Dec. 14, 2020 to Jan. 11, 2021…Governor John C. CarneyStateDec. 14, 2020Mar. 31, 20212020 Q42021 Q1Stay-at-homeCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesPrimary source readPDF 267 KB
Ex. DE-051Tenth Extension of the Declaration of a State of EmergencyTenth Extension of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health…Governor John C. CarneyStateDec. 24, 2020Jan. 25, 20212020 Q42021 Q1Emergency declarationPrimary source readPDF 197 KB
Ex. DE-034Fifth Revision to the Twenty-Seventh Modification (Omnibus Modification)Fifth Revision to the Twenty-Seventh Modification (10:00 p.m. closing of bars and restaurants lifted…Governor John C. CarneyStateJan. 8, 2021Mar. 29, 20212021 Q12021 Q2Stay-at-homeCapacity limitFace-covering requirementCurfew and hoursEvents and venuesQuarantine and isolationPrimary source readPDF 170 KB
Ex. DE-058Sixth Revision to the Twenty-Seventh Modification (Omnibus Modification)Sixth Revision to the Twenty-Seventh Modification (indoor capacity for restaurants, retail, gyms, houses of…Governor John C. CarneyStateFeb. 12, 2021May 21, 20212021 Q12021 Q2Stay-at-homeCapacity limitGathering capFace-covering requirementHealth care ordersOtherPrimary source readPDF 317 KB
Ex. DE-059Seventh Revision to the Twenty-Seventh Modification (Omnibus Modification)Seventh Revision to the Twenty-Seventh Modification (indoor gatherings at businesses raised to the lesser of…Governor John C. CarneyStateFeb. 19, 2021May 21, 20212021 Q12021 Q2Capacity limitGathering capEvents and venuesPrimary source readPDF 225 KB
Ex. DE-052Thirteenth Extension of the Declaration of a State of EmergencyThirteenth Extension of the Declaration of a State of Emergency for the State of Delaware Due to a Public…Governor John C. CarneyStateMar. 19, 2021Apr. 16, 20212021 Q12021 Q2Emergency declarationPrimary source readPDF 199 KB
Ex. DE-035Eighth Revision to the Twenty-Seventh Modification (Omnibus Modification)Eighth Revision to the Twenty-Seventh Modification (outdoor gatherings to 150 without a plan; outdoor venues…Governor John C. CarneyStateApr. 1, 2021May 21, 20212021 Q2Capacity limitGathering capSchools and child careEvents and venuesPrimary source readPDF 220 KB
Ex. DE-060Ninth Revision to the Twenty-Seventh Modification (Omnibus Modification)Ninth Revision to the Twenty-Seventh Modification (youth and amateur sports code rewritten: DPH-approved…Governor John C. CarneyStateApr. 1, 2021May 21, 20212021 Q2Face-covering requirementHealth care ordersEvents and venuesPrimary source readPDF 171 KB
Ex. DE-036Tenth Revision to the Twenty-Seventh Modification (Omnibus Modification)Tenth Revision to the Twenty-Seventh Modification (adoption of CDC face-covering guidance; school-bus and…Governor John C. CarneyStateApr. 28, 2021May 21, 20212021 Q2Capacity limitGathering capFace-covering requirementSchools and child careEvents and venuesCourts and public officesPrimary source readPDF 218 KB
Ex. DE-037Twenty-Eighth Modification of the Declaration of a State of EmergencyTwenty-Eighth Modification of the Declaration of a State of Emergency (Omnibus Modification and its ten…Governor John C. CarneyStateMay 21, 2021May 21, 20212021 Q2Gathering capFace-covering requirementSchools and child careHealth care ordersWorkplace rulesOtherPrimary source readPDF 377 KB
Ex. DE-038Twenty-Ninth Modification of the Declaration of a State of EmergencyTwenty-Ninth Modification of the Declaration of a State of Emergency (all active restrictions combined…Governor John C. CarneyStateMay 21, 2021July 13, 20212021 Q22021 Q3Face-covering requirementSchools and child careHealth care ordersEvents and venuesCourts and public officesWorkplace rulesQuarantine and isolationOtherPrimary source readPDF 342 KB
Ex. DE-053Sixteenth Extension of the Declaration of a State of EmergencySixteenth Extension of the Declaration of a State of Emergency for the State of Delaware Due to a Public…Governor John C. CarneyStateJune 13, 2021July 13, 20212021 Q22021 Q3Emergency declarationPrimary source readPDF 119 KB
Ex. DE-039First Revision of the Twenty-Ninth Modification of the Declaration of a State of EmergencyFirst Revision of the Twenty-Ninth Modification (face coverings in child care homes and centers, schools and…Governor John C. CarneyStateJune 15, 2021July 13, 20212021 Q22021 Q3Face-covering requirementSchools and child carePrimary source readPDF 109 KB
Ex. DE-061Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), § 11.0 Infection Control (25 Del. Reg. 27 (July 1, 2021))DHSS Emergency Secretary's Order: every aide-only home health agency must establish a CDC-based infection…Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)Sector regulatorJuly 1, 2021Oct. 28, 20212021 Q3Health care ordersWorkplace rulesPrimary source readPDF 509 KB
Ex. DE-062Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), § 6.0 (25 Del. Reg. 29 (July 1, 2021))DHSS Emergency Secretary's Order: every hospital must expand its infection prevention and control program on…Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)Sector regulatorJuly 1, 2021Oct. 28, 20212021 Q3Health care ordersWorkplace rulesPrimary source readPDF 297 KB
Ex. DE-063Emergency Secretary's Order amending 16 DE Admin. Code 3201, Skilled and Intermediate Care Nursing Facilities, § 6.10 Infection Control (25 Del. Reg. 6 (July 1, 2021))DHSS Emergency Secretary's Order: every nursing facility must expand its infection control program with an…Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)Sector regulatorJuly 1, 2021Oct. 28, 20212021 Q3Health care ordersWorkplace rulesPrimary source readPDF 506 KB
Ex. DE-041Declaration of a Public Health Emergency for the State of DelawareDeclaration of a Public Health Emergency (vaccination, treatment and testing powers; insurer…Governor John C. CarneyStateJuly 12, 2021Dec. 30, 20212021 Q3Emergency declarationHealth care ordersVaccination or testingOtherPrimary source readPDF 139 KB
Ex. DE-048Joint Practice Order: Joint Order of the Department of Health and Social Services and the Delaware Emergency Management AgencyJoint Practice Order authorizing out-of-state and lapsed-license practitioners to provide in-person…A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public HealthSector regulatorJuly 12, 2021Oct. 7, 20212021 Q3Health care ordersPrimary source readPDF 134 KB
Ex. DE-040Termination of State of Emergency for the State of Delaware Due to a Public Health ThreatGovernor John C. CarneyStateJuly 13, 2021Sept. 30, 20212021 Q3Emergency declarationPrimary source readPDF 122 KB
Ex. DE-042Extension of Declaration of a Public Health Emergency (First Extension)Extension of Declaration of a Public Health Emergency for the State of DelawareGovernor John C. CarneyStateAug. 10, 2021Sept. 8, 20212021 Q3Emergency declarationPrimary source readPDF 116 KB
Ex. DE-066Emergency Order amending 14 DE Admin. Code 934, DELACARE: Regulations for Family and Large Family Child Care Homes, § 5.3DDOE Emergency Order: masks required of children kindergarten through twelfth grade, staff, family members and…Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing)Sector regulatorAug. 15, 2021Dec. 12, 20212021 Q3Face-covering requirementSchools and child carePrimary source readPDF 94 KB
Ex. DE-044Emergency Secretary's Order amending 16 Del. Admin. C. § 4202, Control of Communicable and Other Disease Conditions, § 7.7 (COVID-19 Mitigation and Prevention)DHSS Emergency Secretary's Order: universal mask use in K-12 schools; masks in State congregate settings…Molly K. Magarik, Secretary, Department of Health and Social ServicesSector regulatorAug. 16, 2021Dec. 13, 20212021 Q3Face-covering requirementSchools and child carePrimary source readPDF 248 KB
Ex. DE-045Emergency Order amending 14 DE Admin. Code 933, DELACARE: Regulations for Early Care and Education and School-Age Centers, § 5.3DDOE Emergency Order: masks required of children kindergarten through twelfth grade, staff, family members and…Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing)Sector regulatorAug. 16, 2021Dec. 13, 20212021 Q3Face-covering requirementSchools and child carePrimary source readPDF 108 KB
Ex. DE-043Second Extension of Declaration of a Public Health EmergencySecond Extension of Declaration of a Public Health Emergency for the State of DelawareGovernor John C. CarneyStateSept. 8, 2021Oct. 7, 20212021 Q3Emergency declarationPrimary source readPDF 136 KB
Ex. DE-046Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), §§ 11.4-11.5DHSS Emergency Secretary's Order: COVID-19 testing of all new staff, vendors and volunteers before their start…Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)Sector regulatorSept. 30, 2021Jan. 27, 20222021 Q3Health care ordersWorkplace rulesVaccination or testingQuarantine and isolationPrimary source readPDF 235 KB
Ex. DE-047Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), §§ 6.4-6.5DHSS Emergency Secretary's Order: hospitals: COVID-19 testing of all new staff, vendors and volunteers before…Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)Sector regulatorSept. 30, 2021Jan. 27, 20222021 Q3Health care ordersWorkplace rulesVaccination or testingQuarantine and isolationPrimary source readPDF 236 KB
Ex. DE-055Emergency Secretary's Order amending 16 DE Admin. Code 3345, Personal Assistance Services Agencies, §§ 9.4-9.5DHSS Emergency Secretary's Order: personal assistance services agencies: COVID-19 testing of all new staff…Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)Sector regulatorSept. 30, 2021Jan. 27, 20222021 Q3Health care ordersWorkplace rulesVaccination or testingQuarantine and isolationPrimary source readPDF 236 KB
Ex. DE-064Governor's and DHSS's announcement, 'COVID-19 Vaccination and Testing Updates for Long-Term Care Facilities, Health Care Facilities, and State Employees'Announcement that from Sept. 30, 2021 staff of DHCQ-regulated long-term care and health care facilities…Governor John C. Carney; Department of Health and Social Services; Department of Human ResourcesStateSept. 30, 2021Sept. 30, 20212021 Q3Health care ordersWorkplace rulesVaccination or testingPrimary source readPDF 1.1 MB
Ex. DE-054Emergency Secretary's Order amending 16 Del. Admin. C. § 4202 § 7.7.1.5-7.7.1.6 (K-12 school staff testing program)DHSS Emergency Secretary's Order: K-12 school staff must show proof of vaccination or be tested before their…Molly K. Magarik, Secretary, Department of Health and Social ServicesSector regulatorOct. 15, 2021not datedSchools and child careVaccination or testingPrimary source readPDF 245 KB

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