2012 Delaware Code
Title 16 - Health and Safety
CHAPTER 50. INVOLUNTARY COMMITMENT OF THE MENTALLY ILL; DISCHARGE; PROCEDURE
§ 5008. Appointment of counsel; determination of probable cause.

Upon the filing of the complaint the court shall forthwith:

(1) Schedule a hearing to determine whether probable cause exists for the involuntary patient's confinement, and, where necessary, appoint counsel to represent the involuntary patient. Such probable cause hearing shall be held as soon as practicable, but no later than 8 working days from the filing of the complaint.

(2) Direct that notice of the probable cause hearing and copies of the pleadings be supplied to the involuntary patient, the patient's counsel and to the involuntary patient's spouse, nearest relative or person of close relationship to the patient as in the court's opinion would best represent the involuntary patient's interest.

(3) Enter such other orders as may be appropriate, including an order authorizing the continued provisional confinement of the involuntary patient until further order of the court.

(4) If, pursuant to the probable cause hearing, the court determines that probable cause does not exist, the involuntary patient shall be immediately discharged. If the court determines that probable cause does exist, it shall schedule for the earliest practicable date a hearing to determine whether or not the involuntary patient is a person with a mental condition; and where necessary, it shall appoint an independent psychiatrist or other qualified medical expert to examine the involuntary patient and act as an expert witness on the involuntary patient's behalf. Notice of the hearing shall be given to the involuntary patient and the patient's counsel.

(5) For good cause shown, the court may order that judicial proceedings under this chapter take place in the Superior Court in and for a county other than the county in which the action was initiated.

60 Del. Laws, c. 95, § 1; 62 Del. Laws, c. 300, § 6; 68 Del. Laws, c. 310, § 4; 78 Del. Laws, c. 179, § 181.;