CHAPTER 188

ESTABLISHING STATE HEALTH AND WELFARE CENTER AT FORT DUPONT

AN ACT TO AMEND CHAPTER 76 OF THE REVISED CODE OF DELAWARE, 1935, RELATING TO THE INSANE BY PROVIDING FOR. THE ESTABLISHMENT OF A STATE HEALTH AND WELFARE CENTER AT FORT DUPONT, NEW CASTLE COUNTY, DELAWARE, AND PLACING THE SUPERVISION AND CONTROL THEREOF UNDER THE STATE BOARD OF TRUSTEES OF THE DELAWARE STATE HOSPITAL AT FARNHURST, AND PROVIDING FOR THE SUPPORT. OF SAID CENTER AS WELL AS PROVIDING FOR ADMISSIONS AND TRANSFERS THERETO AND RELEASES THEREFROM AND MAKING PROVISION FOR THE PAYMENT OF CARE AND MAINTENANCE BY CERTAIN PERSONS AND BY AUTHORIZING DONATIONS OF PROPERTY TO SAID CENTER AND GIVING PREFERENCES TO VETERANS IN RESPECT TO ADMISSIONS.

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

Section 1. That Chapter 76 of the Revised Code of Delaware, 1935, as amended, be further amended by the addition of another Article to the said Chapter 76 to be designated as follows:

ARTICLE 5

The Delaware State Health and Welfare Center:

Section 2. That Chapter 76 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by the addition of the following Sections, to wit:

3100A. Sec. 35A. State Health and Welfare Center; Name and Location:--A State Health and Welfare Center to be known as "The Delaware State Health and Welfare Center", is hereby established at Fort duPont, Red Lion Hundred, New Castle County, Delaware, and on that certain tract or parcel of land more particularly bounded and described in an Act entitled, "An Act to Authorize the Purchase From The United States of America of Fort duPont Together with the Improvements Thereon Erected and Equipment and Supplies Presently Thereon Located and Used in Connection Therewith and to Authorize The Governor to Accept on Behalf of The State of Delaware Conveyances of Said Property Under and Subject to Certain Terms and Conditions Relating to the Use Thereof as well as the Supervision and Control Thereof and Further Ratifying and Confirming all Action of The Governor Heretofore Taken in Respect to the Premises". The said Center shall have the exclusive use of all buildings, structures, utilities and improvements erected on said tract or parcel of land as well as all equipment, supplies and other personal property located on or in any improvement erected thereon for the purposes of said Center as hereinafter described.

3100B. Sec. 35B. Supervision and Control:--The State Board of Trustees of The Delaware State Hospital at Farnhurst shall have sole and complete control and management of The Delaware State Health and Welfare Center; shall appoint an Assistant Superintendent of said Center; physicians, specialists, nurses, stewards, matrons, educators and all other necessary assistants and servants and shall fix their terms of service as well as their pay or compensation; shall provide suitable food, raiment, medicine, occupational, vocational, recreational and educational facilities, and all other things necessary for the comfort, care and treatment of the patients of said Center. The Assistant Superintendent of said Center and all other professional assistants and employees shall be directly responsible to the Superintendent of The Delaware State Hospital at Farnhurst, who shall also be the Superintendent of said Center.

The said State Board of Trustees of said Hospital are also authorized and empowered to establish at said Center a mental hygiene clinic to be composed of such professional assistants as may be recommended by the Superintendent of said Hospital; said Superintendent of said Hospital to be the directing head of said clinic.

3100C. Sec. 35C. State Support; Money, How Drawn; Books and Records, How Kept; Audit of Accounts:--The costs of the maintenance of said Center shall be borne by the State, and shall be paid by the State Treasurer in the manner provided by Section 4 of Article 1 of this Chapter. The said State Board of Trustees of said Hospital shall keep and maintain separate books of account for said Center which together with all vouchers and other financial records of said Center shall be available at all times to the State Auditor for examination and audit and said Auditor is hereby authorized and directed to examine and audit the accounts of said Center at least once in every three months.

3100D. Sec. 35D. Annual Appropriation:--The Legislature shall, at every biennial Session thereof, provide an annual sum for the use and support of said Center which sum shall be paid by the State Treasurer as aforesaid.

3100E. Sec. 35E. Trustees May Alter Improvements or Erect New Improvements; Sell and Purchase Personal Property: --Said Board of Trustees of said Hospital shall have the power to remodel or otherwise alter the improvements on the property described in Section 35A. of this Article and shall likewise have power to construct or cause to be constructed from time to time any additional improvements that may be deemed necessary for said Center. Said Board of Trustees shall also have power to sell from time to time any personal property or equipment on or in said premises whether presently located thereon or hereafter purchased when said Board of Trustees shall determine that any such property is no longer required or needed for the purposes of said Center. In the management of said Center, the said Board of Trustees of said Hospital shall have the power to purchase from time to time any and all equipment and personal property that may be deemed advisable or necessary for the efficient and proper operation and conduct of said Center.

3100F. Sec. 35F. The State Board of Trustees of Said Hospital to Establish Certain Departments; Cooperation of Other State Institutions:--The State Board of Trustees of said Hospital are hereby authorized to establish under the direction of said State Board of Trustees of said Hospital the following departments at said Center:

(a) A Department for the care and treatment of children between the ages of four and sixteen years, who are either seriously maladjusted or mentally ill and who are amenable to modern care and treatment.

(b) A Department for handicapped or crippled children of this State, including spastics, cardiacs, and children afflicted with infantile paralysis.

(c) A Department for the detention of children awaiting trial in any Court of this State having jurisdiction over dependent, neglected, delinquent or maladjusted children for social psychological and psychiatric study and examination.

(d) A Department for children awaiting assignment to foster homes.

(e) A Department for men and women of all ages who suffer from alcoholism or who are drug addicts and who are without psychosis, either acute or chronic.

(f) A Department for epileptics without psychosis.

(g) A Department for aged persons who are bedridden but without frank psychosis and who require only nursing care.

(h) An Emergency Hospital Unit for the purpose of accommodating and treating victims of a State wide epidemic or a major disaster.

() Any other Department which said State Board of Trustees of said Hospital may deem related to health and welfare problems.

The said State Board of Trustees of said Hospital is authorized and empowered to determine the size and accommodations required for any such Department as well as the medical treatment, training and education of patients or persons admitted to any such Department as well as any and all other matters or programs looking toward the study, comfort, care and treatment of such patients or persons. Said State Board of Trustees of said Hospital in making any of the aforesaid determinations shall have the right to call upon and receive the cooperation, advice and assistance of any other State Department, Institution or Commission performing educational, health or welfare functions.

3100G. Sec. 35G. Admissions to Said Center:--No person shall be admitted to any Department of said Center except as provided in Sec. 35H. of this Article or except as follows:

(a) Children between the ages of four and sixteen years who are either seriously maladjusted or mentally ill and who are amenable to modern care and treatment shall be admitted to said Center upon the application of the parents or the surviving parent or legal guardian of any such child or any institution or agency having the care and custody of any such child or by the commitment of any Court of this State having jurisdiction over such children.

(b) Handicapped or crippled children including spastics, cardiacs and those afflicted with infantile paralysis shall be admitted to said Center upon the application of the parents or the surviving parent or legal guardian of such children and in the event that both parents of such children are deceased and no legal guardian has been appointed, upon the application of any physician or institution or agency treating or having the care or custody of such children.

(c) No child shall be admitted to the Detention Department of said Center unless a court having jurisdiction over dependent, neglected, delinquent or maladjusted children commits any such child for the sole purpose of social, psychological and psychiatric study and examination.

(d) A child awaiting assignment to a foster home shall only be admitted upon the application of any public or private agency having the authority or function to place such children in such homes.

(e) No man or women suffering from alcoholism or being a drug addict without psychosis, either acute or chronic, shall be admitted to said Center except upon their own application or the application of their parents, or the surviving parent or legal guardian or in the event of none such, upon the application of any physician or institution treating or having the care or custody of any such person or by the commitment of any court of this State having jurisdiction over any such person.

(f) No person who is an epileptic without psychosis shall be admitted to said Center except upon their own application or upon the application of their parents or the surviving parent or legal guardian or in the event of none such, upon the application of any physician or institution treating or having the care or custody of any such person.

(g) No aged person who is bedridden and without frank psychosis and needing nursing care only shall be admitted to said Center except upon their own application or the application of the person or persons responsible for their support and maintenance or upon the application of any institution whether public or private having the care and custody of any such person.

(h) In all other cases, no person shall be admitted to the said Center except in accordance and in compliance with the rules and regulations which shall be adopted from time to time by the said Board of Trustees of said Hospital governing the admissions to said Center.

Notwithstanding anything in this Section contained, no person shall be eligible for admission to said Center, except by commitment of a court having authority to commit any person to said Center, unless and until such person is determined to be eligible for admission by the mental hygiene clinic of The Delaware State Hospital or by a mental hygiene clinic established at said Center; said Board of Trustees of said Hospital is empowered and authorized to make and adopt from time to time reasonable rules and regulations not inconsistent with the provisions of this Article governing the admission of persons to said Center. The said Board of Trustees of said Hospital shall also have the power and authority to refuse the admission of any person to said Center, excepting such persons committed by a court having authority under law to make such commitment, when the department to which any such person should be assigned is unable for any reason to accommodate any such person.

3100H. Sec. 35H. Transfer to Center from Other State Institutions:--Any institution of this State may transfer any person whether presently an inmate or who may hereafter become an inmate of any such institution to the said Center provided such person is eligible for transfer in accordance with the provisions of this Article and provided further that any such transfer shall be subject to the rules and regulations governing said Center as made and adopted from time to time by said Board of Trustees of said Hospital, and provided further if any such inmate has been committed to any institution by a court of this State, such institution shall apply to such court for authority to transfer any such person to said center.

31001. Sec. 351. Maintenance of Patients at Center; Expenses of Indigent Persons; How Paid:--Any patient or person committed or admitted to said Center shall at all times be liable for the care, maintenance and support furnished to and received by any such person while a patient of said Center. Provided, however, that nothing in this Section shall relieve from liability for the support of any such patient, any person now or hereafter liable under any law of this State. The said Board of Trustees of said Hospital shall have the power and authority to collect from any such patient or out of the property, moneys and effects of any such person, all moneys necessary to discharge and pay all liability of such patient for said care, maintenance and support.

The said Board of Trustees of said Hospital may also proceed for the recovery of said moneys necessary for said care, maintenance and support in an action of debt or assumpsit to be brought in the Superior Court of the State of Delaware in the name of "The State Board of Trustees of The Delaware State Hospital at Farnhurst, for the use of The Delaware State Health and Welfare Center".

The expenses of the care, treatment and maintenance of any indigent person admitted to the Emergency Hospital facilities of said Center shall be paid by the County of which such indigent person was a resident at the time of his or her admission.

3100J. Sec. 35J. Pay Patients; Non-Resident; Resident; Contract for:--The said Board of Trustees of said Hospital shall have full power and authority to receive any person from any other State who shall be able to pay for their care, maintenance and support and who are otherwise eligible for admission to said Center under the provisions of this Article and in accordance with the rules and regulations governing admissions to said Center.

The said Board of Trustees of said Hospital may also receive into said Center any person eligible for admission thereto who is a resident of this State and who may be able to pay for his or her care, maintenance and support. Said Board of Trustees may make contracts in relation to said care, maintenance and support, and may recover from the person with whom it may so contract or from the person admitted, the compensation agreed upon, or, in case no certain compensation was agreed upon, then it may recover a reasonable compensation in an action of debt or assumpsit to be brought in the name of "The State Board of Trustees of The Delaware State Hospital at Farnhurst, for the use of The Delaware Health and Welfare Center".

3100K. Sec. 35K. Release and Discharge of Patients at Said Center:--The said Board of Trustees of said Hospital are authorized and empowered to make and adopt from time to time rules and regulations in respect to the release, whether temporary or permanent, of patients in said Center, except that any person committed to said Center by a court of this State shall not be released from said Center except upon an order from such court. When in the opinion of the Superintendent of said Center a person committed by any such Court is eligible for release, said Board of Trustees of said Hospital may petition such Court for the release of any such patient.

3100L. Sec. 35L. Moneys Received by Center; to be Kept in a Separate Fund by State Treasurer:--All moneys received by the said Board of Trustees of said Hospital from patients or other persons for the care, treatment, maintenance and support of patients shall be deposited with the State Treasurer who shall deposit the same in a special fund to be captioned, "Delaware State Health and Welfare Center Special Fund", and the said Board of Trustees of said Hospital may withdraw said funds for the use of said Center in the same manner as provided in Section 4 of Article 1 of this Chapter.

3100M. Sec. 35M. Donations of Property; Use of Same:--It shall and may be lawful for any person or persons, firm or corporation to give, grant, devise or bequeath to the said "The State of Delaware for the Use of The Delaware State Health and Welfare Center" any property, real, personal or mixed, and the said State Board of Trustees of said Hospital is authorized and empowered to receive, collect, take and hold for the use and be-hoof of the said Center any and all properties so given, granted, devised and bequeathed and to manage and use the same for the benefit of said Center in accordance with the provisions of such grants, devises and bequests and with the law creating and governing said Center; provided, however, nothing in this Section contained shall be construed as authorizing or empowering the said Board of Trustees of said Hospital to hold in its name any real estate for the use of said Center and any devise or gift of real estate to be effective shall be made to The State of Delaware for the use of said Center.

3100N. Sec. 35N. Preference to Veterans; Admission:--The said Board of Trustees of said Hospital shall give veterans of World War I and World War II, who are eligible for admission to said Center, a preference over other persons in respect to admission thereto.

Approved April 5, 1947.