CHAPTER 211

FORMERLY

SENATE BILL NO. 306

AS AMENDED BY SENATE AMENDMENT NO 1

AN ACT TO AMEND CHAPTER 90, TITLE 29 OF THE DELAWARE CODE RELATING TO RESIDENTIAL MENTAL. HEALTH TREATMENT SERVICES PROVIDED BY THE DEPARTMENT OF SERVICES FOR CHILDREN, YOUTH AND THEIR FAMILIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend 59003 (3), Chapter 90, Title 29, Delaware Code by striking the word "inpatient".

Section 2. Amend §9003 (3), Chapter 90, Title 29, Delaware Code by adding a new subsection in §9003 (3)k which shall state the following:

"k. A continuum of residential mental health services, which shall include, but not be limited to, Inpatient psychiatric hospitalization for all children requiring such care; mental health residential treatment centers; and specialized mental health treatment services in other group- care facilities and foster homes."

Section 3, Amend Chapter 90, Title 29, Delaware Code by adding a new section §9019 which shall state the following:

§9019. Liability for maintenance of children in residential Mental Health Services; collection remedies

(a) Any person liable for the support of a child under any law of this State shall be liable for the care, maintenance and support furnished to a child committed or admitted to residential mental health services provided by the Department of Services for Children, Youth and Their Families.

(b) The Department of Services for Children, Youth and Their Families may collect from any such person all monies necessary to discharge and pay all liability of such child for his care, maintenance and support; provided however, that such liability is based upon ability to pay and in accordance with §7940. Subchapter III. Chapter 79, Title 29, Delaware Code.

(c) The Department of Services for Children, Youth and Their Families may also proceed for the recovery of the monies necessary for care, maintenance and support in an action to be brought in any court of competent Jurisdiction in the name of the Department.

Approved September 6, 1985.