Delaware 2025-2026 Regular Session

Delaware House Bill HB3

Introduced
1/9/25  

Caption

An Act To Amend Title 11 Of The Delaware Code Relating To Breastfeeding.

Impact

The enactment of HB3 is expected to significantly affect state laws concerning the care and support of pregnant and lactating women in correctional facilities. The bill establishes standards that the DOC must follow, thereby standardizing the treatment and resources available to these women. Furthermore, it requires transparency through an annual report detailing the program's participants and outcomes, which may encourage ongoing assessment and improvement of the services provided to lactating inmates.

Summary

House Bill 3 aims to establish a comprehensive breastfeeding and lactation program for pregnant, postpartum, and lactating women in the custody of the Delaware Department of Corrections (DOC). The bill mandates the DOC to develop policies and procedures for this program in collaboration with a contracted breastfeeding organization. Key provisions include guidelines for the expression, storage, and retrieval of breast milk, the provision of breast pumps, and nutrition plans tailored for the unique needs of these women. Overall, this initiative seeks to improve the health and well-being of mothers and their infants within the correctional system.

Sentiment

The sentiment surrounding HB3 appears to be largely positive, with supporters recognizing the importance of supporting maternal and infant health among incarcerated women. Advocates for women's health and rights view the bill as a progressive step toward addressing the needs of a vulnerable population. Nonetheless, there may exist concerns regarding the implementation details and the adequate allocation of resources to ensure the program's effectiveness. Critics may also question whether the existing correctional environment can truly support such a program without compromising security.

Contention

Potential points of contention may arise regarding the logistical and practical aspects of implementing the breastfeeding and lactation program in correctional facilities. Critics could argue about the challenges related to securing privacy and comfort for lactating women, as well as the effectiveness of proposed procedures for milk storage and retrieval. Issues surrounding compliance with drug testing policies and the provision of proper nutritional support may also generate debate, particularly in terms of their impact on participation rates and the overall health of mothers and infants.

Companion Bills

No companion bills found.

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Relates to the provision of breast pumps and related collection and storage materials to certain incarcerated nursing birth parents who are confined in or committed to an institution or local correctional facility with or without their child subject to specific time limitations; requires institutions and local correctional facilities to provide pumps and related materials to such incarcerated birth parents, but not beyond the date such child reaches twenty-four months of age except in limited circumstances related to parole; allows children to remain with their incarcerated birth parents in a correctional institution until twenty-four months of age, or longer in certain cases related to parole; requires the commissioner of corrections and community supervision to issue an annual report on data relating to incarcerated birth parents.

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