2012 Delaware Code
Title 16 - Health and Safety
CHAPTER 50. INVOLUNTARY COMMITMENT OF THE MENTALLY ILL; DISCHARGE; PROCEDURE
§ 5001. Definitions.

Except where the context indicates otherwise, as used in this chapter:

(1) "Court" means the Superior Court or the Family Court of the State, both of which courts shall have jurisdiction and responsibility for the implementation of this chapter.

(2) "Designated transport personnel" means such personnel as designated by the Secretary of the Department of Health and Social Services to transport persons with mental conditions to and from the hospital and public treatment facilities.

(3) "Him," "his" and all other terms used in the masculine gender shall also include and be equally applicable to the corresponding terms used in the feminine gender.

(4) "Hospital" and "mental hospital" means the Delaware Psychiatric Center, 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 persons with mental conditions 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 persons with mental conditions under 18 years of age.

(5) "Involuntary patient" means a person admitted involuntarily to the custody of the hospital for observation, diagnosis, care and treatment.

(6) "Peace officer" means any public officer authorized by law to make arrests in a criminal case.

(7) "Person with a mental condition" means a person suffering from a mental disease or condition which requires such person to be observed and treated at a mental hospital for the person's own welfare and which both (i) renders such person unable to make responsible decisions with respect to the person's hospitalization, and (ii) poses a real and present threat, based upon manifest indications, that such person is likely to commit or suffer serious harm to that person's own self or others or to property if not given immediate hospital care and treatment.

(8) "Psychiatrist" means:

a. A physician licensed to practice medicine in this State specializing in the field of psychiatry, or a physician employed by the Delaware Psychiatric Center, registered with the Medical Council of Delaware and certified by the Delaware Psychiatric Center Medical Director to the Medical Council of Delaware as being qualified in the diagnosis and treatment of persons with mental conditions; or

b. Any physician employed by the United States government within the State in the capacity of psychiatrist and certified by the Delaware Psychiatric Center Medical Director to the Medical Council of Delaware as qualified in the diagnosis and treatment of persons with mental conditions.

(9) "Working day" means all days other than Saturday, Sunday and legal holidays; and "day" means a calendar day.

60 Del. Laws, c. 95, § 1; 62 Del. Laws, c. 300, § 1; 66 Del. Laws, c. 424, § 2; 68 Del. Laws, c. 309, § 1; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 550, §§ 1-4; 78 Del. Laws, c. 179, §§ 168-172.;