CHAPTER 310

FORMERLY

HOUSE BILL NO. 567

AN ACT TO AMEND CHAPTER 50, TITLE 16 OF THE DELAWARE CODE, RELATING TO THE INVOLUNTARY COMMITMENT PROCESS OF THE MENTALLY ILL.

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

Section 1. number "3" as substituting in Amend Chapter 50, Title 16, Delaware Code it appears in the first sentence of Section lieu thereof the number "2". by striking the 5005(2) and by

Section 2. number "6" as substituting in Amend Chapter 50, Title 16, Delaware Code it appears in the first sentence of Section lieu thereof the number "2". by striking the 5007(a) and by

Section 3. Amend Chapter 50, Title 16, Delaware Code by striking the

number "8" as it appears in Section 5007(c) and by substituting in lieu thereof the number "4".

Section 4. Amend Chapter 50, Title 16, Delaware Code by striking the number "18" as it appears in Section 5008(1) and substituting in lieu therof the number "8".

Section 5. Amend Title 16, Chapter 50 Delaware Code by striking the number "6" as it appears in the first sentence of Section 5010(2) and substituting in lieu thereof the number "3".

Section 6. Amend Chapter 50, Section 5012(a), Title 16, Delaware Code by striking said section in its entirety and by substituting in lieu thereof the following:

Duties of hospital upon involuntary patient's admission. Upon the involuntary patient's admission to the hospital pursuant to court order, the hospital shall for a period not to exceed 3 months render treatment to the involuntary patient in accordance with professional standards. If by the
expiration of 3 months the involuntary patient has not been discharged by the hospital, and if in the opinion of the hospital the involuntary patient is still a mentally ill person, the hospital shall so notify the court; and the court shall order a hearing to be held within 14 working days of such notice. If the court continues the involuntary confinement upon the expiration of an additional 6 months, and the involuntary patient has not been discharged by the hospital, and if in the opinion of the hospital the patient is still a mentally ill person, the hospital shall so notify the court; and the court shall order a hearing to be held within 14 working days of such notice."

Section 7. Amend Chapter 50, Section 5012(b), Title 16, Delaware Code by striking said subsection in its entirety and by substituting in lieu thereof the following:

Further Hearing. In any further hearing the procedural requirements of Section 5006 of this Title shall govern, and the court may make such findings and orders as are permitted by Section 5010 of this Title; provided, that the court may order that the involuntary patient's admission to the hospital shall be continued for an indefinite period, in which case the hospital shall report to the court at intervals not more than 6 months as to the continued need for involuntary hospitalization, and the court shall review the involuntary patient's status at such 6-month intervals and be required to hold hearings, at such intervals, until such time as the involuntary patient is discharged."

Section 8. Amend Chapter 50, Section 5012, Title 16, Delaware Code by adding thereto a new subsection to read as follows:

Waiver of Hearing. An involuntary patient, if represented by
counsel, may waive, orally or in writing, any hearing under this section. The waiver must be submitted in writing to the court or be orally presented in open court."

Approved July 6, 1992