Title 16 — Health and Safety
143 chapters · 977 sections in this title.
16 Del. C. § 5001. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23].
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§ 5001. Definitions [For application of this section, see 85 Del. Laws, c. 253, § 23]. Except where the context indicates otherwise, as used in this chapter: (1) “Court” means the Superior Court or the Family Court of the State, both of which courts shall have jurisdiction and re…
16 Del. C. § 5002. Determination of mental condition and of procedural compliance as prerequisites to involuntary hospitalization.
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§ 5002. Determination of mental condition and of procedural compliance as prerequisites to involuntary hospitalization. No person shall be involuntarily admitted to or confined as an involuntary patient at a designated psychiatric treatment or hospital, and no designated psychiat…
16 Del. C. § 5003. Voluntary admission procedure.
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§ 5003. Voluntary admission procedure. (a) The Department may establish, under the direction and supervision of the Delaware Psychiatric Center, criteria for voluntary admissions to designated psychiatric treatment facilities and hospitals that differ from the criteria for involu…
16 Del. C. § 5004. Emergency detention of a person with a mental condition; justification; procedure.
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§ 5004. Emergency detention of a person with a mental condition; justification; procedure. (a) Any person who believes that another person’s behavior is both the product of a mental condition and is dangerous to self or dangerous to others may notify a peace officer or a credenti…
16 Del. C. § 5005. Provisional hospitalization by psychiatrist’s certification.
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§ 5005. Provisional hospitalization by psychiatrist’s certification. (a) No person will be involuntarily admitted to a hospital as a patient until the person is detained for observation pursuant to the procedure set forth in § 5004 of this title. At the completion of the emergenc…
16 Del. C. § 5006. Duties of hospital upon provisional admission.
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§ 5006. Duties of hospital upon provisional admission. During the 48-hour period of provisional admission: (1) The hospital shall try to evaluate the involuntary patient to assess the person’s psychological and physical needs, and may provide treatment to the involuntary patient …
16 Del. C. § 5007. Procedural rights of involuntary patients.
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§ 5007. Procedural rights of involuntary patients. When a designated treatment facility, hospital or outpatient treatment provider seeks to require an individual to be involuntarily hospitalized pursuant to a probable cause hearing or an involuntary inpatient commitment hearing, …
16 Del. C. § 5008. Probable cause complaint.
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§ 5008. Probable cause complaint. (a) If an involuntary patient has not been discharged by the hospital by the end of the 48-hour provisional admission period, the hospital shall file a verified complaint for involuntary civil commitment in the Superior Court or in the Family Cou…
16 Del. C. § 5009. Probable cause hearing.
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§ 5009. Probable cause hearing. (a) Upon the filing of the probable cause complaint the court shall forthwith: (1) Schedule a probable cause hearing to determine whether probable cause exists for the involuntary patient’s confinement, and, where necessary, appoint counsel to repr…
16 Del. C. § 5010. Discharge by the hospital.
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§ 5010. Discharge by the hospital. Notwithstanding the pendency of the action or any order previously entered by the court, if at any time after the complaint is filed the hospital determines that the involuntary patient no longer meets the criteria for provisional admission or i…
16 Del. C. § 5011. Involuntary inpatient commitment hearing and procedure.
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§ 5011. Involuntary inpatient commitment hearing and procedure. (a) An individual shall be involuntarily committed for inpatient treatment only if all of the following criteria are met by clear and convincing evidence: (1) The individual is a person with a mental condition; (2) B…
16 Del. C. § 5012. Waiver of rights; voluntary hospitalization.
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§ 5012. Waiver of rights; voluntary hospitalization. (a) An involuntary patient may waive any of the rights provided by this chapter if: (1) The court determines that such waiver is voluntary and with the involuntary patient’s knowing and intelligent consent; or (2) Where the inv…
16 Del. C. § 5013. Involuntary outpatient treatment over objection.
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§ 5013. Involuntary outpatient treatment over objection. (a) A person shall be involuntarily committed by the court for outpatient treatment over objection only if all of the following criteria are satisfied by clear and convincing evidence: (1) The person is 18 years of age or o…
16 Del. C. § 5014. Appeal; habeas corpus; rules of procedure.
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§ 5014. Appeal; habeas corpus; rules of procedure. (a) Any party to the proceedings may appeal an order of disposition issued by a Commissioner to either a Superior Court Judge or Family Court Judge as appropriate within 10 days of the entry of such order. The appeal shall not op…
16 Del. C. § 5015. Enlargement of time.
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§ 5015. Enlargement of time. The court may enlarge the time for the performance of acts by the hospital or respondent’s attorney pursuant to this chapter, and of scheduling hearings thereunder, for good cause shown, for a reasonable period, consistent with the rights of the respo…
16 Del. C. § 5016. Payment of transportation and medical costs.
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§ 5016. Payment of transportation and medical costs. (a) The State Treasurer shall pay peace officers or other transportation providers under contract with the Department of Health and Social Services for transportation services under this chapter at an agreed-upon rate, includin…
16 Del. C. § 5017. Immunity.
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§ 5017. Immunity. (a) Initial assessment. — No peace officer, medical doctor, credentialed mental health screener, juvenile mental health screener, or facility in which a medical doctor or credentialed mental health screener or juvenile mental health screener practices shall be s…
16 Del. C. § 5018. Discharge of patients from hospitals.
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§ 5018. Discharge of patients from hospitals. (a) Hospitals shall examine every involuntary patient and voluntary patient present in its facility as frequently as practicable, but not less often than every 3 months. If pursuant to such examination a person’s treating psychiatrist…
16 Del. C. § 5019. Liability for maintenance of patient; collection remedies.
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§ 5019. Liability for maintenance of patient; collection remedies. (a) Any adult committed to or placed in a designated psychiatric treatment facility or hospital shall be liable for the cost of care, treatment, or both to the extent authorized by § 7940 of Title 29. If a minor i…
16 Del. C. § 5020. Expenses of examination and removal of indigent patients.
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§ 5020. Expenses of examination and removal of indigent patients. The expenses of the examination of an indigent person alleged to be suffering from a mental condition and the transportation of such person, by a peace officer or credentialed mental health screener or juvenile men…
16 Del. C. § 5021. Veterans Administration hospitals.
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§ 5021. Veterans Administration hospitals. The provisions in the Delaware Code pertaining to the admission, commitment, care and discharge of persons diagnosed with a mental condition at state institutions shall apply with the same force and effect to persons entitled to the serv…
16 Del. C. § 5022. Return of patients; order; notice; custody.
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§ 5022. Return of patients; order; notice; custody. (a) If an inpatient of a state-operated hospital escapes or is on unauthorized leave, its director may issue an order for the patient’s immediate rehospitalization. The director or the director’s designee may notify such patient…
16 Del. C. § 5023. Unwarranted hospitalization in Delaware Psychiatric Center or denial of rights; penalties.
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§ 5023. Unwarranted hospitalization in Delaware Psychiatric Center or denial of rights; penalties. (a) Any person who wilfully causes, or conspires with or assists another to cause: (1) The unwarranted hospitalization of any individual in the Delaware Psychiatric Center under thi…
16 Del. C. § 5024. Examinations of persons relative to parole, pardon or commutation of sentence in case of certain crimes.
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§ 5024. Examinations of persons relative to parole, pardon or commutation of sentence in case of certain crimes. Whenever the Director of the Division of Substance Abuse and Mental Health or the Director of the Division of Developmental Disabilities Services receives a request fr…
16 Del. C. § 5025. Minors.
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§ 5025. Minors. (a) Except as otherwise provided, the provisions of this chapter pertaining to the care and release of persons age 18 and older shall apply with the same force and effect to persons under 18 years of age admitted to a designated psychiatric treatment facility or h…
16 Del. C. § 5026. Additional facilities for adults.
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§ 5026. Additional facilities for adults. The Secretary of the Department of Health and Social Services, upon voluntary application of a private or public hospital, may certify such hospital as an appropriate facility for the detention, diagnosis, care and treatment of adults wit…