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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) The Department shall make reasonable accommodations for the provision of available midwifery or doula services to pregnant or postpartum persons who have given birth in the last 6 weeks who are subject to the custody of the Department at Level IV or V. Persons providing midwifery or doula services must be granted appropriate facility access, must be allowed to attend and provide assistance during labor and childbirth where feasible, and must have access to the pregnant or postpartum person's relevant, otherwise protected health-care information if the pregnant or postpartum person seeking midwifery or doula services authorizes disclosure.
(b) The Department shall provide written notice to all pregnant and postpartum persons subject to the custody of the Department at Level IV or V of the availability of midwifery and doula services.
(c) Definitions. --
As used in this section:
(1) “Doula services” means services provided by a trained doula and designed to provide physical, emotional, or information support to a pregnant person before, during, and after delivery of a child. “Doula services” include the following:
a. Support and assistance during labor and childbirth.
b. Prenatal and postpartum education.
c. Breastfeeding assistance and lactation support.
d. Parenting education.
e. Support in the event that a postpartum person has been or will become separated from the child.
(2) “Midwife” means a midwife licensed under subchapter XIII of Chapter 17 of Title 24 or a certified nurse midwife licensed under Chapter 19 of Title 24.
(3) “Midwifery services” means medical aid rendered by a midwife to a person during prenatal, intrapartum, or postpartum stages, or to a postpartum person’s newborn outside of the correctional facility up to 2 weeks of age.
(d) Subject to the availability of funds, the Department shall provide midwifery or doula services to pregnant or postpartum persons who have given birth in the last 6 weeks who are subject to the custody of the Department at Level IV or V.
(e) The Department shall ensure that pregnant persons subject to this section are able to meet with a doula or midwife to create a written birth plan surrounding the birth of their child. The birth plan shall include the following:
(1) Preferred methods of pain management during and after birth.
(2) A statement recommending the preferred caretaker of the newborn child.
(3) A statement on whether the pregnant person intends to express breast milk and a plan on how the pregnant person will do so.
(f) Nothing in this section prevents the Department from adopting policy guidelines for the delivery of midwifery or doula services to pregnant or postpartum person subject to the custody of the Department at Level IV or V. Services under this section may not supplant health-care services routinely provided to persons subject to the custody of the Department at Level IV or V.
(g) The Department shall publish an annual report with the following information regarding pregnant and postpartum persons subject to the custody of the Department at Level IV or V:
(1) The number of pregnant or postpartum persons eligible for doula and midwife assistance pursuant to this section.
(2) The number of times a doula or midwife is requested.
(3) The number of times a doula or midwife is provided.
(4) The reason why a doula or midwife is not provided if these services are requested.
(5) The number of birth plans created.
(6) The number of times lactation support is offered to each pregnant or postpartum person.
(7) The number of times the doula or midwife is able to attend a birth and reasons why a doula or midwife are not able to attend a birth.
(8) The number of times a doula or midwife provided postpartum assistance.
(h) The Department shall submit the annual report under subsection (g) of this section, along with the annual report created under § 6536B of this title, to the Governor, the General Assembly, and the Director and the Librarian of the Division of Legislative Services not later than January 1.
Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 6536A. Medical care - last updated January 01, 2026 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-6536a/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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