CHAPTER 364

ABOLISHING DELAWARE COMMISSION FOR THE FEEBLE MINDED

AN ACT TO AMEND TITLE 16, DELAWARE CODE, ENTITLED "HEALTH AND SAFETY" BY ABOLISHING THE DELAWARE COMMISSION FOR THE FEEBLE MINDED AND TRANSFERRING ITS FUNCTIONS AND FACILITIES TO THE STATE BOARD OF TRUSTEES OF THE DELAWARE STATE HOSPITAL AT FARNHURST.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. The Delaware Commission for the Feeble Minded is abolished and all the persons under its care shall be under the care of the State Board of Trustees of the Delaware State Hospital. The custody of all the facilities and property belonging to the State of Delaware and used by the Delaware Commission for the Feeble Minded are transferred to The State Board of Trustees of the Delaware State Hospital at Farnhurst.

Section 2. Subchapter I, Chapter 55, Title 16, Delaware Code, is repealed and a new subchapter is inserted in lieu thereof as follows :

§ 5501. Establishment of Delaware Colony for the Feeble Minded at Stockley

The Delaware Colony for the Feeble Minded at Stockley shall continue to be the State facility for the treatment and maintenance of the feeble minded.

§ 5502. Control and management of Colony

(a) The State Board of Trustees of the Delaware State Hospital at Farnhurst shall have sole and complete control and management of the Delaware Colony for the Feeble Minded at Stockley.

(b) The Board shall appoint an assistant superintendent of the Colony, physicians, specialists, nurses, stewards, matrons, educators, and all other necessary assistants and employees, and shall fix their terms of service as well as their pay or compensation.

(c) The Board 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 the Colony.

(d) The assistant superintendent of the Colony, 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 the Colony.

§ 5503. Cost of maintenance of Colony supplied by State

The costs of maintenance of the Colony shall be borne by appropriations from the General Assembly, and shall be paid by the State Treasurer on orders or vouchers signed by the President and Secretary of the State Board of Trustees. The State Board of Trustees of the Hospital shall keep and maintain separate books of account for the Colony.

§ 5504. Improving, selling and buying property

(a) The Board of Trustees of the State Hospital may remodel or otherwise alter the improvements on the land on which the Colony is located, and may likewise construct or cause to be constructed from time to time any additional improvements that may be deemed necessary for the Colony.

(b) The Board of Trustees also may sell from time to time any personal property or equipment on or in the premises whether presently located thereon or hereafter purchased when the Board of Trustees determines that any such property is no longer required or needed for the purposes of the Colony.

(c) In the management of the Colony, the Board of Trustees of the Hospital may 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 the Colony.

§ 5505. Donations of property; form of devise or gift

Any person may give, grant, devise or bequeath to "The State of Delaware for the Use of the Delaware Colony for the Feeble Minded at Stockley" any property, real, personal or mixed, and the State Board of Trustees of the Hospital may receive, collect, take and hold for the use and behoof of the Colony any and all properties given, granted, devised and bequeathed and manage and use the same for the benefit of the Colony in accordance with the provisions of such grants, devises and bequests and with the law creating and governing the Colony. Nothing contained in this section shall be construed as authorizing or empowering the Board of Trustees of the Hospital to hold in its name any real estate for the use of the Colony, and any devise or gift of real estate to be effective shall be made to The State of Delaware for the use of the Colony.

§ 5506. Liability for maintenance of patient; collection remedies

(a) Any person committed to, or placed in the Delaware Colony for the Feeble Minded at Stockley, shall at all times be liable for the care, maintenance and support furnished to and received by him while a patient of the Colony. 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 State Board of Trustees of the Delaware State Hospital at Farnhurst shall keep an account of the cost of the care, maintenance, and support furnished each patient while in the Colony and shall credit against the account all monies received from the patient or from any other person for or on behalf of the patient.

(c) The Board of Trustees may collect from any patient, or from the Trustee for any patient, or out of the property, monies and effects of any patient, all monies necessary to discharge and pay all liability of the patient for his care, maintenance and support.

(d) The Board of Trustees may also proceed for the recovery of the monies necessary for the care, maintenance, and support in an action to be brought in the Superior Court in the name of the State Board of Trustees of the Delaware State Hospital at Farnhurst, or by petition to the Court of Chancery if the patient has been ascertained to be mentally incompetent or feeble minded by inquisition duly held.

§ 5507. Accounting by Board of Trustees; special fund

(a) The Board of Trustees of the Delaware State Hospital at Farnhurst, shall keep or have kept a full, true and accurate account of all monies received at the Delaware Colony for the Feeble Minded at Stockley for the board, care and attention of patients at the Colony, commonly known as pay patients, and all monies arising from any other source than the annual appropriation made to the Colony by the State and the Special Fund provided for in subsection (b) of this section, and shall pay the same over to the State Treasurer on or before the 15th day of the month following a receipt of same, at the same time filing with the State Treasurer a full statement of the same.

(b) The State Treasurer shall open and keep a separate account of the monies paid him as provided in subsection (a) of this section, to be known as "Special Account of the Delaware Colony for the Feeble Minded at Stockley". This Fund shall not be drawn upon by the Board of Trustees until the annual appropriation made by the State is exhausted, then only to be used for the actual expenses for operating the Colony.

Sales by Commission

The Commission may from time to time sell excess farm produce and live stock in such manner and on such terms as the Commission deems to be for the best interests of the home for the feeble minded.

Section 3. § 5524, Title 16, Delaware Code is repealed.

Section 4. The term "Delaware Commission for the Feeble

Minded" or any reference to such Commission appearing in the

Delaware Code, or the Laws of Delaware, is stricken out and the term "The State Board of Trustees of the Delaware State Hospital at Farnhurst" or a reference to such Board is substituted in lieu thereof.

Section 5. Any appropriation to the Delaware Commission for the Feeble Minded and any credits which the Commission has in any funds of the State are transferred to The State Board of Trustees of the Delaware State Hospital at Farnhurst to be used for the Colony.

Section 6. This act shall become effective July 1, 1955.

Approved June 30, 1955.