CHAPTER 97

FORMERLY

SENATE BILL NO. 144

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLES 16, 22, 29 AND 31 OF THE DELAWARE CODE RELATING TO PERSONS WITH MENTAL RETARDATION OR OTHER SPECIFIC DEVELOPMENTAL DISABILITIES.

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

Section 1. Amend §5103 of Title 16 of the Delaware Code by striking the words “Hospital for the Mentally Retarded at Stockley” and inserting in lieu thereof “Stockley Center”.

Amend §5324(c) of Title 16 of the Delaware Code by striking the words “Hospital for the Mentally Retarded at Stockley” and inserting in lieu thereof “Stockley Center” and by striking the words "such Hospital" and inserting in lieu thereof "the Stockley Center."

Section 2. Amend the title of Chapter 55 of Title 16 of the Delaware Code by deleting the phrase “MENTALLY RETARDED” and inserting in lieu thereof the phrase “PERSONS DIAGNOSED WITH MENTAL RETARDATION AND OTHER SPECIFIC DEVELOPMENTAL DISABILITIES”.

Amend Chapter 55 of Title 16 by striking the phrase “mentally retarded persons” wherever it appears and inserting in lieu thereof the following: “persons diagnosed with mental retardation or other specific developmental disabilities and by striking the phrasse "mentally retarded person" whever it appears and inserting in lieu thereof the following "person diagnosed with mental retardation or other specific developmental disabilities.".

Amend the title of Subchapter I, Chapter 55 of Title 16 of the Delaware Code by striking the phrase “the Mentally Retarded” and inserting in lieu thereof the phrase “Persons Diagnosed with Mental Retardation and Other Specific Developmental Disabilities”.

Amend § 5504 of Title 16 of the Delaware Code by striking the words “foster parents” and inserting in lieu thereof the words “other care providers”.

Further amend § 5504 of Title 16 of the Delaware Code by striking the word “care” as found in the second sentence, and inserting in lieu thereof the word “residence”.

Further amend § 5504 of Title 16 of the Delaware Code by striking the phrase “becomes necessary” as found in the second sentence and inserting in lieu thereof the phrase “is the least restrictive environment and the most appropriate setting reasonably available”.

Amend § 5525, of Subchapter II of Title 16 of the Delaware Code by striking in it its entirety and inserting a new section to read as follows:

Ҥ5525 Centers for Persons Diagnosed with Mental Retardation or Other Specific Developmental Disabilities.

The Division of Developmental Disabilities Services may establish and operate centers for vocational, habilitative and social skill development, for persons diagnosed with mental retardation or other specific developmental disabilities. The operation of such said centers shall be governed by the Division’s rules and regulations.”.

Section 3. Amend § 5530 (a) of Title 16 of the Delaware Code by striking it in its entirety and inserting in lieu thereof the following new definition to read as follows:

“(a) “Persons diagnosed with mental retardation or other specific developmental disabilities” shall include, for the purposes of this subchapter, those persons who are receiving services from the Division of Developmental Disabilities Services.”

Amend § 5530 (b) of Title 16 of the Delaware Code by deleting the words “and psychotherapy”.

Amend § 5530 of Title 16 of the Delaware Code by adding a new paragraph to read as follows:

“(c) “Informed Consent” is the consent of a patient to the performance of health care services by a health care provider who has informed the patient both verbally and in writing, to an extent reasonably comprehensible to general lay understanding, of the nature of the proposed procedure or treatment and of the risks and alternatives to treatment which a reasonable patient would consider material to the decision whether or not to undergo the treatment. The patient must understand the information provided by the health care provider.”

Further amend § 5530 of Title 16 of the Delaware Code by adding a new paragraph to read as follows:

“(d) “Alternative Decision Maker” is a person identified to make decisions for an individual in that individual’s best interest. In the absence of an assigned legal guardian of person or applicable advanced health care directive, power of attorney, or similar legal instrument, any member of the following classes of the patient's family who is reasonably available, in the descending order of priority, may act as alternative decision maker and shall be recognized as such by the supervising health care provider:

1. The spouse, unless a petition for divorce has been filed, or unless the patient has filed a petition or complaint alleging abuse, as defined in § 1041(1) of Title 10, of the patient by the spouse;

2. An adult child;

3. A parent;

4. An adult brother or sister; or

5. An adult grandchild.

Section 4. Amend § 5531 (a) of Title 16 of the Delaware Code by striking it in its entirety and inserting in lieu thereof the following paragraph to read as follows:

“(a) Consent to perform elective surgery upon a person who is receiving services from the Division of Developmental Disabilities Services may be given by the Division Director or his/her designee if all of the following circumstances apply:

(1) the person receiving residential services cannot give their own informed consent;

(2) the person receiving services has no alternative decision maker;

(3) the person receiving residential services has no legal guardian of the person, or applicable advanced health care directive, power of attorney, or similar legal instrument.”

Further amend §5531(b) of Title 16 of the Delaware Code by striking the word “Superintendent” and inserting in lieu thereof the words “Division Director or his/her designee”.

Amend §5531(b)(1) of Title 16 of the Delaware Code by striking the words “mentally retarded person” and inserting in lieu thereof the words “person diagnosed with mental retardation or other specific developmental disabilities”.

Amend § 5531(b)(2) of Title 16 of the Delaware Code by striking the words “Mental Retardation” in inserting in lieu thereof the words “Developmental Disabilities Services”.

Amend § 5531(b)(3) of Title 16 of the Delaware Code by striking the words “mentally retarded person” and inserting in lieu thereof the words “person diagnosed with mental retardation or other specific developmental disabilities”.

Section 6. Amend §7909A of Title 29 of the Delaware Code, by deleting it in its entirety and adding a §7909A to read as follows:

§7909A. Division of Developmental Disabilities Services

(a) There is hereby established the Division of Developmental Disabilities Services, previously referred to as the Division of Mental Retardation, under the direction and control of the Secretary of the Department of Health and Social Services.

(b) The mission of the Division of Developmental Disabilities Services is to provide services and supports to individuals with developmental disabilities and their families, which enable them to make informed choices that lead to an improved quality of life and meaningful participation in their communities.

(c) The Division of Developmental Disabilities Services shall have the following powers and duties:

(1) Provide community-based services including family supports, advocacy, foster care placements, respite, neighborhood homes, supported living, vocational and supported employment opportunities and day habilitation services;

(2) Provide case management, nursing, behavioral services, therapy and other professional supports needed to assist individuals in achieving their goal(s);

(3) Provide early intervention services to families so as to prevent or minimize developmental delays in children at risk who are ages 0-3;

(4) Provide intermediate care facility residential services.

(d) The Division of Developmental Disabilities Services shall ensure the investigation of complaints of abuse, neglect, mistreatment and financial exploitation. Such investigations may be in coordination with the Attorney General's Office, law enforcement, or other appropriate agencies.

(e) The Division of Developmental Disabilities Services shall be authorized to promulgate rules and regulations to implement this statute.

Section 7. Amend Chapter 79 of Title 29 of the Delaware Code by striking the phrase “Council on Mental Retardation” wherever it appears and inserting in lieu thereof the phrase “Advisory Council to the Division of Developmental Disabilities Services”.

Amend § 7910 (b) of Title 29 by deleting both references to “Mental Health and Mental Retardation” and replacing them with the words “the Division of Developmental Disabilities Services”.

Further amend § 7910 (b) of Title 29 by deleting “mental retardation” following the words “relating to” and inserting in lieu thereof the words “ persons diagnosed with mental retardation or specific developmental disabilities”.

Amend § 7922 (8) of Title 29 of the Delaware Code by deleting the words “Mental Retardation” and inserting in lieu thereof the words “Developmental Disabilities Services”.

Section 8. Amend § 3903 (a) of Title 31 of the Delaware Code by deleting the words Division of Mental Retardation” and inserting in lieu thereof the words “Division of Developmental Disabilities Services”.

Approved July 03, 2001