TITLE 31

Welfare

Welfare Agencies

CHAPTER 28. DELAWARE HOSPITAL FOR THE CHRONICALLY ILL

Subchapter II. Operation of Hospital and Admission


The Department of Health and Social Services shall have full jurisdiction and control over the Hospital and its patients. It may adopt and enforce rules and regulations for the exercise of its powers and the performance of its duties, and may adopt such rules and regulations to permit participation in federal and other programs for the benefit of patients and the State. The Department of Health and Social Services shall also have the power to enter into contracts in the name of the State for the erection of additional buildings and facilities and for their appointment and equipment.

31 Del. C. 1953, § 2820; 49 Del. Laws, c. 144, § 2; 57 Del. Laws, c. 591, § 20; 58 Del. Laws, c. 499, § 7; 60 Del. Laws, c. 207, § 3; 70 Del. Laws, c. 149, § 221.;

(a) The Department of Health and Social Services shall maintain the Hospital and provide for the care and support of the inmates with due regard for their comfort and well-being.

(b) Facilities shall be afforded to the patients for their educational improvement, including edifying and inspirational entertainment and healthful recreation.

(c) Such methods in general shall be employed by the Department of Health and Social Services as will provide good order, fraternal relations and self-respect among the inmates, under humane and helpful regulations, with special reward for meritorious service and gentle reproof or reasonable restraint for misbehavior, as each particular case may warrant. No member of the Department of Health and Social Services and no person holding a position under the Department of Health and Social Services shall have any pecuniary interest, directly or indirectly, in the purchase of supplies of any kind for said Hospital and its inmates or in expenditures authorized by the Department of Health and Social Services for any purpose in connection with said Hospital and its inmates.

31 Del. C. 1953, § 2821; 49 Del. Laws, c. 144, § 2; 57 Del. Laws, c. 591, § 20; 58 Del. Laws, c. 499, § 1; 60 Del. Laws, c. 207, § 3; 70 Del. Laws, c. 149, § 222.;

There shall be 2 different sets of admission requirements to the Hospital, 1 for persons applying under Title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.] and another for those not applying under Title XIX:

(1) An applicant under Title XIX may be temporarily admitted to the Hospital, on the written order of any member of the Board, in the interim between meetings, of the Board or by order of the Board, when in session, upon presentation to the member of the Board or to the Board as a whole of a statement in writing setting forth the facts describing such person's case, which shall be attested by 2 credible witnesses and verified under oath. In every such case the Board shall cause diligent inquiry to be made into all the facts and circumstances in the applicant's case and, upon ascertainment that the statement submitted is just and true, may make such further order respecting such person as the facts and circumstances may warrant.

(2) Any other person having been a resident in this State for a continuous period of 1 year, who has been unable to obtain employment or is unable to work, who has no property and income sufficient to provide the necessities of life, who has no permanent place of abode and no relatives or friends to care for such person, may be admitted for the time being to the Hospital, on the written order of any member of the Board in the interim between meetings of the Board or by order of the Board when in session, upon presentation, to the member of the Board or to the Board as a whole, of a statement in writing setting forth the facts in such person's case, attested by 2 credible witnesses and verified under oath. In every such case, the Board shall cause diligent inquiry to be made into all the facts and circumstances of such person's case and, upon ascertainment that the statement submitted is just and true, may make such further order respecting such person as the facts and circumstances may warrant.

31 Del. C. 1953, § 2822; 49 Del. Laws, c. 144, § 2; 55 Del. Laws, c. 418; 57 Del. Laws, c. 591, § 20; 58 Del. Laws, c. 499, § 2; 60 Del. Laws, c. 207, § 3; 70 Del. Laws, c. 186, § 1.;

(a) No person with a mental condition shall be admitted to the Hospital.

(b) Any patient of the Hospital who is guilty of the violation of any law of the State shall be dismissed and placed in the custody of the proper authorities. Any patient of the Hospital who becomes incorrigible shall be dismissed.

31 Del. C. 1953, § 2823; 49 Del. Laws, c. 57, § 1; 49 Del. Laws, c. 144, § 2; 57 Del. Laws, c. 99; 58 Del. Laws, c. 499, § 3; 60 Del. Laws, c. 207, § 3; 78 Del. Laws, c. 179, §§ 364, 365.;

(a) The Delaware Hospital for the Chronically Ill shall, if possible, ascertain from a patient upon admission whether or not the patient has donated all or part of that patient's own body as an anatomical gift either by will or by form provided for in § 2719 of Title 16 and the person, institution or organization to which such gift has been made.

(b) The Delaware Hospital for the Chronically Ill shall maintain as part of a patient's permanent record the information required under this section and such other pertinent information about said anatomical gift which will facilitate the carrying out of the patient's wishes in the event of that patient's death. Upon the death of a patient who has made an anatomical gift, the Delaware Hospital for the Chronically Ill shall make every reasonable effort to contact without delay the person, institution or organization to which such gift has been made.

63 Del. Laws, c. 238, § 3; 70 Del. Laws, c. 186, § 1.;