CHAPTER 121

DELAWARE COMMISSION FOR THE FEEBLEMINDED

AN ACT TO AMEND 2611. SECTION 113 OF CHAPTER 70 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO COMMITMENTS TO THE COMMISSION FOR THE FEEBLEMINDED FROM OTHER INSTITUTIONS, AND STATING THE REQUIREMENTS THEREFOR.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That 2611. Section 113 of Chapter 70, of the Revised Code of Delaware 1935, is hereby amended by adding thereto a new section to be known and styled as 2611. Section 113-A.

2611. Section 113-A. Whenever the Board of Managers, Board of Trustees, or other governing body of any institution in the State of Delaware shall discover that any person committed thereto by any Court shall be feeble-minded, and when by reason of such mental condition the Board of Managers, Board of Trustees or other governing body of said institution shall deem that the person is not making the proper adjustment and that it would be detrimental to allow such person to remain in the said institution or to be released at large, the said Board of Managers, etc., either by its President, or presiding officer, or designated executive officer, may present to the resident Judge of the County wherein such person had previously resided before commitment, a petition setting forth that such person is feeble-minded, and setting forth the reasons why it would be detrimental for such person to remain in the said institution or to be released at large and praying for the issuance of a rule to show cause why such person should not be committed to the custody of Delaware Commission for the Feeble-Minded. The petition shall be verified, by affidavit, which shall be sufficient if it states that it is based upon information and belief. Upon the filing of the petition, a rule shall be issued against the person, so confined, and if such person be a minor, notice shall be given to the parent, or parents, if known and residing within the State of Delaware; and if not known then upon the guardian, nearest known kin or relative or other custodian of such person, returnable at such time, not exceeding fifteen days thereafter, as shall be fixed by the Judge. Upon the return of the rule, the Judge shall hear the witnesses in support of the rule, one of whom shall be a psychologist, or an expert on the subject of feeble-mindedness, and shall, also, hear any witnesses in opposition to said rule, and if it shall appear to the satisfaction of the Judge that such person is feeble-minded, and that it would be detrimental to the said person or to the institution and other inmates therein for such person to remain in the said institution, and that it would be detrimental to the community for such person to be released at large, the Judge may direct that such feeble-minded person be committed to the custody of Delaware Commission for the Feeble-Minded until the said Judge shall order otherwise or the said person shall be released according to the rules and regulations of the Delaware Commission for the Feeble-Minded.

Approved April 24, 1939.

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