Subchapter II. Admission, Maintenance and Discharge of Patients
TITLE 16
Health and Safety
Mental Health
CHAPTER 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Subchapter II. Admission, Maintenance and Discharge of Patients
§ 5121. Voluntary admission procedure.
The Department may establish, under the direction and supervision of the Delaware Psychiatric Center, a voluntary admission procedure for the observation, study, psychiatric diagnosis and treatment of persons suffering from mental and nervous diseases.
19 Del. Laws, c. 644, §§ 1-6; Code 1915, § 2598; 36 Del. Laws, c. 243, § 1; Code 1935, § 3074; 45 Del. Laws, c. 219, § 1; 16 Del. C. 1953, § 5121; 54 Del. Laws, c. 279, § 3; 70 Del. Laws, c. 550, § 1.;
§ 5122. Emergency apprehension of the dangerous mentally ill; complaint; detention and treatment in the Delaware Psychiatric Center or other hospital; discharge; fees; liability immunity.
(a) As used in this section:
(1) "Dangerous mentally ill person" means a person so mentally ill as to be likely to cause injury to oneself or others and to require immediate care, treatment or restraint.
(2) "Designated transport personnel" means such personnel as designated by the Secretary of the Department of Health and Social Services to transport mentally ill persons to and from the hospital and public treatment facilities.
(3) "Peace officer" means any public officer authorized by law to make arrests in a criminal case.
(b) Upon the signed complaint of any person stating the person has knowledge that a designated person appears to be so mentally ill as to be likely to cause injury to oneself or others and to require immediate care, treatment or restraint, setting forth a description of the behavior and symptoms which led the person to the person's conclusion, such alleged mentally ill person shall be promptly taken into custody by any peace officer of the State to whom the complaint is delivered without the necessity of a warrant. The complaint shall also set forth the address of the signer, the signer's relationship or other connection to the alleged mentally ill person and, if known, the name of the spouse or nearest known relative.
(c) Such alleged mentally ill person shall be taken by the peace officer, with all reasonable promptness, to a medical doctor licensed to practice medicine or surgery in the State for examination. The written complaint shall be delivered to the doctor who shall, if reasonably possible, give telephonic notice of the examination to the nearest relative as shown on the complaint, unless such person has signed the complaint. If it reasonably appears to the doctor that the alleged mentally ill person is a dangerous mentally ill person, the said doctor shall so certify in writing and the alleged mentally ill person shall be transported by the peace officer or, in the sole discretion of the examining physician, by designated transport personnel to the Delaware Psychiatric Center or other hospital as defined in § 5101(2) of this title with all reasonable promptness and delivered to the officials of the said hospital, together with the complaint and the certificate of the examining doctor. If the examining doctor finds that the alleged mentally ill person is not a dangerous mentally ill person, the said doctor shall so certify in writing, the alleged mentally ill person shall be discharged from custody forthwith and the doctor shall forward the complaint and the doctor's certificate to the Delaware Psychiatric Center. The doctor's certificate shall set forth a description of the behavior and symptoms of the alleged mentally ill person which led the doctor to the doctor's conclusion. It shall also set forth whether or not the nearest known relative was notified of the examination.
(d) Upon receiving an alleged mentally ill person at the Delaware Psychiatric Center or other hospital as defined in § 5101(2) of this title, the Superintendent shall detain, care for and treat as medically appropriate, the said patient for a period not to exceed 24 hours; provided, however, that this period shall be 72 hours for minors admitted in conformity with § 5135 of this title. If it appears that the nearest known relative has not received prior notice of the proceedings, the Superintendent shall, if reasonably possible, promptly give such notice. Unless the patient is discharged from the hospital within that period, then at the termination of the period the person shall be discharged unless the person is admitted or committed to the said hospital under some other provision of law. A psychiatrist designated by the Secretary of the Department of Services for Children, Youth and Their Families may conduct an independent review of a determination that a person under 18 years of age admitted to any mental health facility pursuant to this chapter is a dangerously mentally ill person. A psychiatrist designated by the Secretary of the Department of Health and Social Services may conduct an independent review of a determination that a person 18 years of age or older admitted to any mental health facility pursuant to this chapter is a dangerously mentally ill person.
(e) The State Treasurer shall pay police officers, constables, sheriffs and deputy sheriffs for service as peace officers under this section at the rate of 31 cents for each mile necessarily traveled and a custody fee of $100 when transporting a mentally ill person from 1 county to another county.
(f) No peace officer or medical doctor shall be subject to civil damages or criminal penalties for any harm resulting from the performance of the officer's or doctor's functions under this section unless such harm was intentional or the result of wilful or wanton misconduct on the officer's or doctor's part.
36 Del. Laws, c. 242, § 1; Code 1935, § 3072; 42 Del. Laws, c. 134, § 2; 16 Del. C. 1953, § 5122; 55 Del. Laws, c. 229; 61 Del. Laws, c. 447, § 1; 66 Del. Laws, c. 424, § 6; 68 Del. Laws, c. 308, §§ 1-3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, §§ 1, 8-10; 75 Del. Laws, c. 349, § 2.;
§ 5123. Voluntary hospitalization of patients at Delaware Psychiatric Center; authority to receive; procedure; discharge.
(a) The Superintendent of the Delaware Psychiatric Center may admit for observation, diagnosis, care and treatment any individual who is mentally ill or has symptoms of mental illness and who applies therefor, subject to the payment of charges for care, maintenance and support as provided in § 5127 of this title.
(b) If the applicant is under the care and treatment of a medical doctor licensed to practice medicine or surgery in this State, the application shall be accompanied by a letter from the doctor recommending voluntary hospitalization and setting forth a description of the behavior and symptoms of the patient which led the doctor to the doctor's decision to recommend voluntary hospitalization. If the applicant is not under the care and treatment of such a medical doctor, the applicant shall not be admitted unless the Superintendent first determines that the applicant has sufficient insight and capacity to make responsible application for voluntary hospitalization.
(c) If any applicant is under the age of 18 years, the application shall also be signed by either of the applicant's parents, spouse or legal guardian.
(d) The Superintendent shall discharge any voluntary patient who has recovered or whose hospitalization the superintendent determines to be no longer advisable.
(e) A voluntary patient who requests the patient's own discharge or whose discharge is requested, in writing, by the patient's legal guardian, parent, spouse or adult next of kin shall be discharged within 5 days from the receipt of the request, except that (1) if the request for discharge is made by a person other than the patient, discharge may be conditioned upon the agreement thereto of the patient, and (2) if the patient is under the age of 18 years the patient's discharge may be conditioned upon the consent of the patient's parent, spouse or guardian.
(f) A psychiatrist designated by the Secretary of the Department of Services for Children, Youth and Their Families may conduct an independent review to determine whether an applicant under 18 years of age who receives financial assistance from such Department or who is in the custody of such Department is appropriate for voluntary hospitalization. A psychiatrist designated by the Secretary of the Department of Services for Children, Youth and Their Families may conduct an independent review to determine whether a voluntary patient under 18 years of age who receives financial assistance from such Department or who is in the custody of such Department is appropriate for voluntary hospitalization.
(g) A psychiatrist designated by the Secretary of the Department of Health and Social Services may conduct an independent review to determine whether an applicant 18 years of age or older who receives financial assistance from the Department or who is in the custody of the Department is appropriate for voluntary hospitalization. A psychiatrist designated by the Secretary of the Department of Health and Social Services may conduct an independent review to determine whether a voluntary patient 18 years of age or older who receives financial assistance from the Department or who is in the custody of the Department is appropriate for voluntary hospitalization.
(h) Nothing contained in subsection (e) of this section shall require the discharge of a voluntary patient if within the 5-day period from receipt of the request for discharge the patient is admitted or committed to the said Psychiatric Center under some other provision of law.
19 Del. Laws, c. 644, §§ 1-6; Code 1915, § 2598; 36 Del. Laws, c. 243, § 1; Code 1935, § 3074; 45 Del. Laws, c. 219, § 1; 16 Del. C. 1953, § 5123; 55 Del. Laws, c. 227; 58 Del. Laws, c. 218; 58 Del. Laws, c. 511, §§ 31, 32; 62 Del. Laws, c. 207, § 1; 66 Del. Laws, c. 424, §§ 7, 8; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 1.;
§§ 5124-5126 [Reserved.]
§ 5127. Liability for maintenance of patient; collection remedies.
(a) Any person committed to, or placed in the Delaware Psychiatric Center shall at all times be liable for the care, maintenance and support furnished to and received by such person while an inmate of the Psychiatric Center. Nothing in this section shall relieve from liability for the support of the patient any person liable under any other law of this State.
(b) The Department shall keep an account of the cost of the care, maintenance and support furnished each patient while in the Psychiatric Center and shall credit against the account all moneys received from the patient or from any other person for or on behalf of the patient.
(c) The Department may collect from any patient or from the trustee for any patient or out of the property, moneys and effects of any patient all moneys necessary to discharge and pay all liability of the patient for the patient's care, maintenance and support.
(d) The Department may also proceed for the recovery of the moneys necessary for the care, maintenance and support in an action to be brought in any court of competent jurisdiction in the name of the Department or by petition to the Court of Chancery if the patient has been ascertained to be insane by inquisition duly held.
18 Del. Laws, c. 553, § 6; 19 Del. Laws, c. 125, § 1; 19 Del. Laws, c. 126; Code 1915, § 2600; 28 Del. Laws, c. 212, § 1; 37 Del. Laws, c. 189; Code 1935, § 3076; 16 Del. C. 1953, § 5127; 54 Del. Laws, c. 279, § 3; 55 Del. Laws, c. 212; 58 Del. Laws, c. 151; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 1.;
§ 5128. Expenses of examination and removal of indigent patients.
The expenses of the examination of an indigent person alleged to be suffering from mental or nervous disease and of the removal of such person, if found to be suffering mental or nervous disease, to the Delaware Psychiatric Center shall be paid by the State Treasurer.
18 Del. Laws, c. 553, § 6; 19 Del. Laws, c. 125, § 1; 19 Del. Laws, c. 126; Code 1915, § 2600; 28 Del. Laws, c. 212, § 1; 37 Del. Laws, c. 189; Code 1935, § 3076; 16 Del. C. 1953, § 5128; 57 Del. Laws, c. 228, § 6; 70 Del. Laws, c. 550, § 1.;
§ 5129. Resident and nonresident pay patients; contracts.
(a) The Department may receive any person suffering from mental or nervous disease from any other state, if the person is able to pay for the person's maintenance and support.
(b) The Department may also receive into the Delaware Psychiatric Center any person suffering from mental or nervous disease who is a resident of this State and who may be able to pay for the person's own maintenance or support.
(c) The Department may make contracts in relation to the board and maintenance, care and custody of any patient, and may recover from the person with whom it may contract or from the patient the compensation agreed upon, or, in case no certain compensation was agreed upon, then it may recover a reasonable compensation in an action to be brought in the name of the Department, or by petition to the Court of Chancery, if the person has been ascertained to be insane by inquisition duly held.
18 Del. Laws, c. 553, § 7; 19 Del. Laws, c. 125, § 2; 19 Del. Laws, c. 126; Code 1915, § 2601; Code 1935, § 3077; 16 Del. C. 1953, § 5129; 54 Del. Laws, c. 279, § 3; 70 Del. Laws, c. 550, § 1.;
§ 5130. Veterans Administration hospitals.
The provisions in the Delaware Code pertaining to the admission, commitment, care and release of mentally ill persons at state institutions shall apply with the same force and effect to persons entitled to the services of hospitals for the mentally ill operated by the Veterans Administration. Persons so entitled may be transferred from state institutions to such Veterans Administration hospitals subject to the statutory provisions affording interested parties the right to have the mentally ill person's status determined as provided by law.
16 Del. C. 1953, § 5131; 50 Del. Laws, c. 310, § 1.;
§ 5131. Discharge of patients at Delaware Psychiatric Center; release on convalescent status; continued responsibility; review of convalescent status.
(a) The Superintendent of the Delaware Psychiatric Center shall as frequently as practicable, but not less often than every 6 months, examine or cause to be examined every hospitalized patient admitted under § 5003 of this title, and whenever the Superintendent determines that any patient is not a mentally ill person, as that term is defined in § 5001 of this title, or whenever the Superintendent determines that otherwise, the care, treatment and supervision of the Psychiatric Center are no longer necessary, the patient shall be discharged. The certificate of discharge shall state the basis for the discharge.
(b) The Superintendent of the Delaware Psychiatric Center may release an improved patient who was admitted under § 5003 of this title on convalescent status when the Superintendent believes that such release is in the best interests of the patient.
(c) Release on convalescent status shall include provisions for continuing responsibility to and by the Psychiatric Center, including a plan of treatment on an outpatient or nonhospital patient basis.
(d) Prior to the end of a year on convalescent status, and not less frequently than annually thereafter, the Superintendent shall examine the facts relating to the condition of the patient on convalescent status and whenever the Superintendent determines that the patient is not a mentally ill person, as that term is defined in § 5001 of this title, or whenever the Superintendent determines that otherwise, the care, treatment and supervision of the Psychiatric Center are no longer necessary, the patient shall be discharged. The certificate of discharge shall state the basis for the discharge.
16 Del. C. 1953, § 5132; 55 Del. Laws, c. 225, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 1.;
§ 5132. Return of patients; order; notice; custody.
(a) If an inpatient of a state-operated mental 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 of the existence of a rehospitalization order by any reasonable means of communication open to the director. Such an order, irrespective of the patient's actual receipt, shall authorize any peace officer to take the patient into custody for rehospitalization.
(b) If an involuntarily committed inpatient from a non-state-operated hospital certified under § 5135 or § 5136 of this title escapes or is on unauthorized leave, that hospital's director shall immediately notify the Director of the Division of Substance Abuse and Mental Health or the Director's designee if the patient is 18 years of age or older or the Division of Prevention and Behavioral Health Services if the patient is under 18 years of age. Upon receipt of such notification, the Division Director or the Director's designee may issue notice and a rehospitalization order in conformity with subsection (a) of this section. Such an order, irrespective of the patient's actual receipt, shall authorize any peace officer to take the patient into custody for rehospitalization.
16 Del. C. 1953, § 5133; 55 Del. Laws, c. 225, § 2; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 11; 73 Del. Laws, c. 41, § 1; 77 Del. Laws, c. 327, § 210(a).;
§ 5133. Unwarranted hospitalization in Delaware Psychiatric Center or denial of rights; penalties.
(a) Any person who willfully causes, or conspires with or assists another to cause (1) the unwarranted hospitalization of any individual in the Delaware Psychiatric Center under this chapter, or (2) the denial to any individual of any of the rights accorded to said individual under this chapter shall be punished by a fine not exceeding $500 or imprisonment not exceeding 1 year, or both.
(b) The Superior Court shall have jurisdiction of offenses under this section.
16 Del. C. 1953, § 5134; 55 Del. Laws, c. 226; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 1.;
§ 5134. 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 from the Commissioner of the Department of Correction, relative to parole, pursuant to § 4353 of Title 11, or relative to pardon or commutation of sentence, pursuant to § 4362 of Title 11, for psychiatric examination and psychological clinical studies, and a report containing an opinion of the prisoner's condition and of the probability of the prisoner's again committing crimes similar to the one for which the prisoner was incarcerated, or other crimes, the Director shall cause such examination and studies to be made at the correctional institution or the Delaware Psychiatric Center, and copies of the report shall be delivered to each member of the Parole Board or the Board of Pardons, as the case may be; and in cases of pardons and commutations of sentence, a copy to the Governor.
16 Del. C. 1953, § 5135; 57 Del. Laws, c. 593, § 1; 64 Del. Laws, c. 467, § 6; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, § 1; 73 Del. Laws, c. 41, § 1; 75 Del. Laws, c. 285, §§ 8-10.;
§ 5135. Minors.
(a) Any person under 18 years of age admitted pursuant to this chapter shall not be admitted to the Delaware Psychiatric Center but to a hospital certified by the Secretary of the Department of Services for Children, Youth and Their Families as being appropriate for the diagnosis, care and treatment of mentally ill persons under 18 years of age.
(b) The provisions of this chapter pertaining to the care and release of mentally ill persons at the Delaware Psychiatric Center shall apply with the same force and effect to persons admitted to a hospital under this section.
66 Del. Laws, c. 424, § 9; 70 Del. Laws, c. 550, § 1.;
§ 5136. 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 mentally ill adults under this chapter. If so certified, on a case-by-case basis, any such hospital shall be authorized to serve in addition to the Delaware Psychiatric Center under this chapter.
68 Del. Laws, c. 308, § 4; 70 Del. Laws, c. 550, § 1.;