CHAPTER 424

FORMERLY

SENATE BILL NO. 482

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 50 AND 51, TITLE 16 AND SECTION 937, TITLE 10, RELATING TO THE DESIGNATION OF INPATIENT PSYCHIATRIC FACILITIES FOR MINORS.

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

Section I. Amend §937(b)(14), Title 10 of the Delaware Code by adding a second sentence thereto as follows:

"For purposes of this paragraph, the Delaware State Hospital is not an appropriate institution."

Section 2. Amend Subsection (2), 0001, Chapter 50, Title 16 of the Delaware Code by striking said Subsection in its entirety and substituting )n Ileu thereof a new Subsection (2) to read as follows:

"'Hospital' and 'mental hospital' means the Delaware State Hospital, any hospital in this State which is certified by the Secretary of the Department of Health and Social Services as being an appropriate facility for the diagnosis, care, and treatment of mentally persons 18 years of age or older. 'Hospital' and 'mental hospital' shall also mean any hospital in this State which is certified by the Secretary of the Department of Services for Children, Youth and Their Families as being an appropriate facility for the diagnosis, care, and treatment of mentally ill persons under 18 years of age."

Section 3. Amend §5005, Title 16 of the Delaware Code by redesignating existing

subsection (3) as subsection (5).

Section 4. Amend §5005, Title 16 of the Delaware Code by adding the following

subsections:

"(3) A psychiatrist designated by the Secretary of the Department of Services for Children, Youth and Their Families may, at any time prior to the commencement of judicial proceedings to determine the mental Illness of a person under 18 years of age, conduct an Independent review of a determination that such person is a mentally ill person. If the psychiatrist determines that such person Is not a mentally ill person, the Department may withhold financial assistance for the diagnosis, care, or treatment of such person.

(4) A psychiatrist designated by the Secretary of the Department of Health and Social Services may, at any time prior to the commencement of judicial proceedings to determine the mental illness of a person 18 years of age or older, conduct an independent review of a determination that such person is a mentally III person. If the psychiatrist determines that such person is not a mentally ill person, the Department may withhold financial assistance for the diagnosis, care, or treatment of such person."

Section 5. Amend the second Subsection (2), §5101, Subchapter I, Chapter 51, Title 16

of the Delaware Code by striking the entire said Subsection and inserting In lieu thereof the following:

"(3) 'Department' or 'Department of Mental Health' shall mean Department of Health

and Social Services unless otherwise designated."

Section 6. Amend §5122, Subchapter II, Chapter 51, Title 16 of the Delaware Code by

adding the following to the end of Subsection (d):

"A psychiatrist designated by the Secretary of the Department of Services for Children, Youth and Their Families may conduct an Independent review of a determination that a person under 18 years of age admitted to any mental health facility pursuant to this Chapter is a dangerous mentally III person. A psychiatrist designated by the Secretary of the Department of Health and Social Services may conduct an independent review of a determination that a person 18 years of age or older admitted to any mental health facility pursuant to this Chapter Is a dangerous mentally III person."

Section 7. Amend §5123, Subchapter II, Chapter 51, Title 16 of the Delaware Code by

redesignating existing subsection (f) as subsection (h).

Section 8. Amend §5123, Subchapter II, Chapter 51, Title 16 of the Delaware Code by adding the following subsections:

"(f) A psychiatrist designated by the Secretary of the Department of Services for Children. Youth and Their Families may conduct an independent review to determine whether an applicant under 18 years of age who receives financial assistance from such Department or who- Is In the custody of such Department Is appropriate for voluntary hospitalization. A psychiatrist designated by the Secretary of the Department of Services for Children,- Youth ana Their Families may conduct an independent review to determine whether a voluntary patient under 18 years of age who receives financial assistance from such Department or who is in the custody of such Department Is appropriate for voluntary hospitalization.

(g) A psychiatrist designated by the Secretary of the Department of Health and Social Services may conduct an Independent review to determine whether an applicant 18 years of age or older who receives financial assistance from the Department or who is in the custody of the Department is appropriate for voluntary hospitalization. A psychiatrist designated by the Secretary of the Department of Health and Social Services may conduct an independent review to determine whether a voluntary patient 18 years of age or older who receives financial assistance from the Department or who is in the custody of the Department is appropriate for voluntary hospitalization.

Section 9. Amend Subchapter II, Chapter 51, Title 16 of the Delaware Code by adding the following sections:

"§5135. Minors

(a) Any person under 18 years of age admitted pursuant to this chapter shall not be admitted to the Delaware State Hospital but to a hospital certified by the Secretary of the Department of Services for Children, Youth and Their Families as being appropriate for the diagnosis, care, and treatment of mentally ill persons under 18 years of age.

(b) The provisions of this chapter pertaining to the care and release of mentally Ill persons at the Delaware State Hospital shall apply with the same force and effect to persons admitted to a hospital under this section.

§5136. Additional Facilities for Persons 18 Years of Age or Older

(a) Any person 18 years of age or older admitted pursuant to this chapter may be admitted to any hospital certified by the Secretary of the Department of Health and Social Services as being appropriate for the diagnosis, care, and treatment of mentally 111 persons 18 years of age or older.

(b) The provisions of this chapter pertaining to the care and release of mentally III persons at the Delaware State Hospital shall apply with the same force and effect to persons admitted to a hospital under this section."

Section 10. Amend Subchapter IV, Chapter 51, Title 16 of the Delaware Code by striking Sections 5152, 5153 and 5154 thereof In their entirety and by substituting In lieu thereof the following:

"Section 5152. Commitment by Courts

(a) All criminally mentally Ill adults shall be admitted to the department for the criminally Insane at the Delaware State Hospital when committed by any court of this State having jurisdiction over the persons committed.

(b) All criminally inclined juventles shall be committed to treatment programs for criminally Inclined juveniles established by the Department of Services for Children, Youth and Their Families when committed by any court of this State having jurisdiction over the persons committed.

Section 5153. Commitment from other Institutions

(a) The governing authorities of any Institution of this State, to which an adult who classifies for admission under the terms of this subchapter already has been committed. may petition any court of competent jurisdiction in the State praying an order to remove an Inmate of the institution to the department for criminally mentally ill at the Delaware State Hospital. Upon the recommendation of the Secretary of the Department of Health and Social Services and after such hearing as the court deems

proper, any court of competent jurisdiction in the State may order such criminally mentally 111 adult to be committed to the Delaware State Hospital for treatment in the department for the criminally insane.

(b) The governing authorities of any institution of this State, to which a

juvenile who classifies for admission under the terms of this subchapter already has been committed, may petition any court of competent jurisdiction in the State praying an order to remove an Inmate of the Institution to an appropriate juvenile facility in accordance with the regulations and policies promulgated by the Department of Services for Children, Youth, and Their Families. Upon the recommendation of the Secretary of the Department of Services for Children, Youth and Their Families and after such hearing as the court deems proper, any court of competent jurisdiction in the State may order such criminally inclined juvenile to be committed to the Department of Services for Children, Youth, and Their Families for treatment in an appropriate facility.

Section 5154. Liability for Cost of Maintenance and Care

The expenses of the removal of a criminally mentally ill adult or a criminally inclined juvenile and of his admission to a hospital under this subchapter, and the charges and expense for the maintenance and care at such hospital shall be paid by the institution which had charge of such case. Where such persons are committed by the proper courts otherwise than from an Institution of the State, the State Treasurer shall pay such hospital for such removal, admission, maintenance and care. If any such criminally mentally ill adult or criminally inclined juvenile has any real or personal estate, the Department of Health and Social Services or the Department of Services for Children, Youth, and Their Families shall have, for the expenses and charges incurred, the same remedy as is provided In section 5127 of this title."

Section 11. Amend Subsection la), Section 5161, Subchapter V, Title 16 of the Delaware Code by striking Each patient confined pursuant to this chapter in the Delaware State Hospital or any other hospital as defined in subsection (a) of section 5522 of this title" from said Subsection and inserting In lieu thereof the following:

"Each patient confined to any hospital pursuant to this chapter or Chapter 50 of this title or any other hospital as defined In subsection (2) of section 5001 of this title or subsection (a) of section 5522 of this title'.

Section 12. Severability

If any clause, sentence, section, provision or part of this Act shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such judgment shall not affect the remainder of this Act which shall remain in full force and effect.

Section 13. Effective Date

This Act shall take effect upon signature of the Governor.

Approved July 20, 1988