2012 Delaware Code
Title 16 - Health and Safety
CHAPTER 50. INVOLUNTARY COMMITMENT OF THE MENTALLY ILL; DISCHARGE; PROCEDURE
§ 5007. Judicial proceedings.

(a) Forthwith, but not more than 2 working days from the date of provisional admission, the hospital shall file a verified complaint in the Superior Court or in the Family Court if the involuntary patient would otherwise be amenable to Family Court jurisdiction under other provisions of law. The complaint shall aver that the hospital, as petitioner, reasonably and in good faith believes that the involuntary patient (who shall be named as respondent) is a person with a mental condition who should be continued as a patient at the hospital pursuant to this chapter until the patient is determined no longer to be a person with a mental condition. The complaint shall also aver that the involuntary patient has been advised of the patient's rights under this chapter. Copies of all certificates by examining psychiatrists shall be attached to the complaint.

(b) Nothing in this section shall preclude the involuntary patient or another person acting on the involuntary patient's behalf from filing a complaint with the court for a judicial determination of the involuntary patient's mental status, in which complaint the hospital shall be named as respondent. In such event, the hospital shall appear as respondent and shall attach to its answer copies of certificates by the examining psychiatrist, and the hospital shall be excused from compliance with subsection (a) of this section.

(c) The hospital's investigation shall indicate whether the involuntary patient is able to afford counsel and an independent psychiatric witness within 4 working days of provisional admission.

60 Del. Laws, c. 95, § 1; 62 Del. Laws, c. 300, §§ 2-5; 68 Del. Laws, c. 310, §§ 2, 3; 70 Del. Laws, c. 186, § 1; 78 Del. Laws, c. 179, § 180.;