CHAPTER 362

FORMERLY

SENATE BILL NO. 411

AS AMENDED BY

SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 51, TITLE 31, DELAWARE CODE, BY CREATING A NEW SECTION RELATING TO THE TRANSFER AND TREATMENT OF MENTALLY-DEFECTIVE JUVENILES.

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

Section 1. Amend Chapter 51, Title 31, Delaware Code, by adding a new section 5123 thereto to read as follows:

§ 5123. Treatment of mentally defective juvenile inmates; transfer

(a) The Secretary of the Department of Health and Social Services, is empowered to transfer to other appropriate State Institutions for care and treatment juveniles committed to the custody of the Division of Juvenile Corrections whom the Secretary has determined to be psychotic or mentally defective. Transfer may also be made to such facilities in other jurisdictions, or to municipal or private facilities, upon the consent of responsible administrators of such facilities.

(b) When, in the judgment of the administrator of the institution to which a juvenile in custody has been transferred, the juvenile has recovered from the condition which occasioned the transfer, the juvenile shall be returned to the Division of Juvenile Corrections.

(c) The transfer shall become effective as soon as the Secretary of the Department of Health and Social Services requests it. The parents or guardians of the juvenile, if they can be reached by a reasonable effort, shall be notified of the transfer within 30 days. They may demand in writing a hearing before the Secretary of Health and Social Services to be held within two weeks. If they are dissatisfied, they may appeal within 30 days to the Court which committed the juvenile to the Division of

Juvenile Corrections. The decision of the Court on appeal shall prevail.

On the transfer back to the Division of Juvenile Corrections, after the transfer is effective, the parents or guardians shall again be notified of the transfer within 30 days by the Secretary of Health and Social Services. Again they may, if they so desire, demand, in writing, a hearing before the Secretary of Health and Social Services to be held within two weeks, and again, if they are dissatisfied, they may appeal within 30 days to the Court which first committed the juvenile to the Division of Juvenile Corrections. The decision of the Court on appeal shall prevail.

Approved April 7, 1972.