CHAPTER 37

AN ACT TO PROVIDE FOR THE INVESTMENT OF FUNDS BELONGING TO PATIENTS OF INSTITUTIONS UNDER THE JURISDICTION OF THE BOARD OF TRUSTEES OF THE DEPARTMENT OF MENTAL HEALTH AND TO PROVIDE FOR THE USE OF THE INCOME THEREFROM BY THE INSTITUTIONS.

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

Section 1. Title 16, Delaware Code, is amended by adding thereto a new Chapter to read:

CHAPTER 60. PATIENTS' TRUST FUND

§ 6001. Definitions

As used in this Chapter—

(a) "Institution" means any institution operated, maintained, or under the supervision of the Board of Trustees of the Department of Mental Health.

(b) "Patient" means any person admitted or committed to, or placed in any such institution for the purpose of treatment.

§ 6002. Co-mingling of funds

Any institution which has funds belonging to any patient of the institution, or deposited for the benefit of any patient, may co-mingle such funds by depositing them in any interest or income bearing bank account, or savings and loan association account, provided such accounts or deposits are fully guaranteed by the Federal Savings and Loan Insurance Corporation or other agency of the United States.

§ 6003. Records of owners

The ownership of the principal amount of the funds shall be continued in the respected patients and be accounted for on appropriate records of the institution.

§ 6004. Use of interest

The interest or other income from such deposits earned either before or after the effective date of this Act shall be deposited with the State Treasurer in a special account and shall be used by the institution to purchase supplies and equipment for the rehabilitation or recreation of the patients of the institution.

§ 6005. Audit of funds

The funds received or retained pursuant to this Chapter shall be audited from time to time by the Auditor of Accounts.

Approved April 29, 1969.