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HB3 • 2025

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BREASTFEEDING.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BREASTFEEDING.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Neal
Last action
2025-07-21
Official status
Signed 7/21/25
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Delaware Breastfeeding Support for Women in Custody

This law creates a breastfeeding and lactation program within the Delaware Department of Corrections to support pregnant, post-partum, and lactating women by providing pumps, storage options, nutrition plans, and prenatal vitamins.

What This Bill Does

  • Creates a breastfeeding and lactation program for women in custody that includes policies for expressing milk, storing it safely, and delivering it to an infant or toddler via an approved person.
  • Requires the Department of Corrections (DOC) to provide manual or electric breast pumps, sterilization supplies, storage bags, and comfortable places to pump based on national best practices.
  • Mandates that pregnant, post-partum, or lactating women receive specific nutrition information and meal plans based on national best practices.
  • Requires the DOC to dispense prenatal vitamins to all lactating inmates in the program.
  • Includes procedures for medically appropriate support related to stopping milk production or weaning.
  • Requires the DOC to publish an annual report detailing participation numbers, reasons for denial of services, and drug screening failures.

Who It Names or Affects

  • Pregnant, post-partum, or lactating women held by the Delaware Department of Corrections.
  • Infants and toddlers who receive breast milk from their mothers in custody.
  • Approved persons selected to retrieve and deliver stored breast milk.

Terms To Know

Lactation
The process of producing or secreting breast milk after giving birth.
Expressing breast milk
Using a pump or hands to collect breast milk for storage instead of feeding directly from the body.
Post-partum
The period immediately following childbirth.

Limits and Unknowns

  • Participants must comply with Department drug testing policies to remain in the program.
  • The law takes effect one year after it was signed into law, so services do not start immediately.
  • Facility administrators have final approval on who can retrieve and deliver breast milk.

Bill History

  1. 2025-07-21 Delaware General Assembly

    Signed by Governor

  2. 2025-06-25 Delaware General Assembly

    Passed By Senate. Votes: 21 YES

  3. 2025-06-18 Delaware General Assembly

    Reported Out of Committee (Corrections & Public Safety) in Senate with 1 Favorable, 3 On Its Merits

  4. 2025-06-17 Delaware General Assembly

    Passed By House. Votes: 40 YES 1 ABSENT

  5. 2025-06-17 Delaware General Assembly

    Assigned to Corrections & Public Safety Committee in Senate

  6. 2025-01-28 Delaware General Assembly

    Reported Out of Committee (Corrections) in House with 7 Favorable, 2 On Its Merits

  7. 2025-01-09 Delaware General Assembly

    Introduced and Assigned to Corrections Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BREASTFEEDING.
This Act creates a breastfeeding and lactation program within the DOC to provide lactation support to women in DOC custody. Among other things, it permits women to collect breast milk for later retrieval and delivery to an infant or toddler by an approved person. It also requires the DOC to provide nutrition information and a meal plan specific to pregnant, post-partum, or lactating women, based on national best practices. This Act further requires that DOC publish an annual report regarding the number of participants in the program and the nature of services provided.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Neal & Rep. Minor-Brown & Rep. Lambert & Sen. Pinkney

Reps. Heffernan, Griffith, Morrison, Snyder-Hall, Kamela Smith, Ross Levin, Harris, Osienski, Gorman, Romer; Sens. Sokola, Townsend, Hoffner

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 3

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BREASTFEEDING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 65, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 6536B. Breastfeeding and lactation program.

(a) The Department shall create a breastfeeding and lactation program to support pregnant, post-partum, and lactating women in the custody of the Department. The Department shall develop policies and procedures for the program in partnership with a contracted breastfeeding organization. The program shall include:

(1) Policies for expressing breast milk, disposal of breast milk, and same-day storage of breast milk for later retrieval and delivery to an infant or toddler. Retrieval or delivery of breastmilk must be made by an approved person selected by the lactating inmate and approved by the facility administrator.

(2) Policies for providing and sterilizing manual or electric breast pumps and storage bags.

(3) Procedures for identifying a comfortable place to pump on a regular basis that is based on national best practices.

(4) A system for proper storage of the breast milk and transfer to the infant or toddler by an approved individual.

(5) A requirement that participants are in compliance with Department drug testing policies.

(6) The dispensing of prenatal vitamins to all lactating inmates.

(7) Procedures for providing medically appropriate support and care related to the cessation of lactation or weaning.

(8)

Nutrition information and a meal plan, based on national best practices, that is specific to pregnant, post-partum, or lactating women.

(b) Information regarding the breastfeeding program and policies shall be posted in all locations in the correctional facility where medical care is provided and shall be communicated to all staff persons who interact with or oversee pregnant or lactating inmates.

(c) The Department shall publish an annual report with the following information:

(1) The number of women requesting breastfeeding support.

(2) The number of women participating in the breastfeeding and lactation program.

(3) The number of women denied participation in the breastfeeding and lactation program and the reasons why the women were unable to participate in the program.

(4) The number of women expressing milk only and the number of women expressing milk for storage and transport to an infant and toddler.

(5) The number of women unable to start or continue in the program due to a failed drug screening.

(6) The number of women who receive nutrition information and a meal plan specific to pregnant, post-partum, or breastfeeding women.

(d) The Department shall submit the annual report created under subsection (c) of this section, along with the annual report created under § 6536A 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.

Section 2. Amend Chapter 65, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 6536A. Medical care.

(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.

Section 3. This Act takes effect 1 year after its enactment into law.

SYNOPSIS

This Act creates a breastfeeding and lactation program within the DOC to provide lactation support to women in DOC custody. Among other things, it permits women to collect breast milk for later retrieval and delivery to an infant or toddler by an approved person. It also requires the DOC to provide nutrition information and a meal plan specific to pregnant, post-partum, or lactating women, based on national best practices. This Act further requires that DOC publish an annual report regarding the number of participants in the program and the nature of services provided.