reglab/housing_qa huggingface dataset:
16 DE Code § 5103. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter I. General Provisions|§ 5103. Property; acquisition; holdings; disposition.

§ 5103. Property; acquisition; holdings; disposition. The Department shall take, receive and hold for the State all properties previously held by the Board of Trustees of the Delaware Psychiatric Center, including the property of the Delaware Psychiatric Center, the Governor Bacon Health Center at Delaware City, the Stockley Center, the Day Care Center at Dover and the Mental Hygiene Clinic at Fernhook, together with all additions, other buildings and lands at any time appurtenant thereto, as well as all funds, credits, rights, fixtures, equipment or supplies heretofore belonging to the Board of Trustees of the Delaware Psychiatric Center. Additional property may not be purchased and land, buildings or property may not be sold, except by authorization of the General Assembly. 16 Del. C. 1953, §  5105;  54 Del. Laws, c. 279, §  2;  70 Del. Laws, c. 550, §  1;  73 Del. Laws, c. 97, §  1;
16 DE Code § 5104. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter I. General Provisions|§ 5104. Donations of property; form of a devise or gift; the use of such property.

§ 5104. Donations of property; form of a devise or gift; the use of such property. Any person may give, grant, devise or bequeath to the State any property, real, personal or mixed, for the use of the Department or of any institution or agency operated by the Department, and the Department may receive, collect, take and hold, for the use and benefit of the named Department, institution or agency, any and all property so given, granted, devised or bequeathed, and shall manage and use the same for the benefit of the named Department or such institution or agency in accordance with such grants, devises or bequests and with the laws creating and governing the Department and its institutions and agencies. Nothing contained in this section shall be construed as authorizing or empowering the Department to hold in its name any real estate for the use of the Department or any institution or agency thereof. The legal title to such real estate should be in the name of the State. 16 Del. C. 1953, §  5106;  54 Del. Laws, c. 279, §  2;
16 DE Code § 5105. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter I. General Provisions|§ 5105. Accounting by Department.

§ 5105. Accounting by Department. The Department shall keep or have kept a full, true and accurate account of all moneys received by the various institutions and agencies under their supervision, for the board, care and attention of the patients, commonly known as “pay patients,” and all moneys received from any other source than the annual appropriation made to the institutions and agencies by the State. All such moneys, except as excluded by § 6102(a) of Title 29, shall be considered as revenue to the General Fund of the State and shall be paid over to the State Treasurer on or before the tenth day of the month following the receipt of all such moneys together with a full statement of the same. 16 Del. C. 1953, §  5107;  54 Del. Laws, c. 279, §  2;  55 Del. Laws, c. 186.;
16 DE Code § 5106. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter I. General Provisions|§ 5106. Cost of maintaining Department, institutions and agencies.

§ 5106. Cost of maintaining Department, institutions and agencies. The cost of maintenance of the Department and its divisions, institutions and agencies shall be borne by the State and shall be paid for by the State Treasurer on orders or vouchers signed by the Secretary. The State Treasurer shall pay these vouchers or orders with funds appropriated annually by the General Assembly for that purpose, based on a budget request made by the Department. All accounts are to be audited according to state law. 16 Del. C. 1953, §  5108;  54 Del. Laws, c. 279, §  2;  57 Del. Laws, c. 591, §  23;
16 DE Code § 5107. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter I. General Provisions|§ 5107. Sale of products made in institutions.

§ 5107. Sale of products made in institutions. The Department shall operate the various properties and shops connected with the institutions or agencies of the Department for the benefit of the patients, shall sell any products resulting from such operations which are not needed by such institutions or agencies and shall pay the net proceeds from such sales into the General Fund of the State. 16 Del. C. 1953, §  5109;  54 Del. Laws, c. 279, §  2;
16 DE Code § 5108. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter I. General Provisions|§ 5108. Operation of commissaries.

§ 5108. Operation of commissaries. The Department shall operate commissaries in the various institutions for the benefit of patients. 16 Del. C. 1953, §  5110;  54 Del. Laws, c. 279, §  2;
16 DE Code § 5137. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter II-A. Criminal Background Checks; Mandatory Drug Testing|§ 5137. Legislative intent; definitions.

§ 5137. Legislative intent; definitions. (a) Legislative intent. — The General Assembly's purpose in requiring criminal background checks and drug testing of Department of Health and Social Services' employees working at the Delaware Psychiatric Center is to protect the safety and well-being of the patients and staff of such facility. The provisions of this subchapter shall be broadly construed to accomplish this purpose. (b) Definitions. — (1) “Applicant” means any of the following:  a. A person seeking employment with the Department in any position at the Delaware Psychiatric Center; or b. A current Department employee who seeks a promotion or transfer to any position at the Delaware Psychiatric Center; or c. A former employee who consents prior to leaving employment to periodic review of his or her criminal background for a fixed period of time. (2) “Background Check Center (BCC)” means the electronic system which combines the data streams from various sources within and outside the State of Delaware in order to assist an employer in determining the suitability of a person for employment. (3) “Criminal history” means a report from the Department of Health and Social Services regarding its review of the applicant's entire federal criminal history from the Federal Bureau of Investigation, pursuant to Public Law 92-544 as amended (28 U.S.C. § 534) and his or her Delaware record from the State Bureau of Identification. (4) “Department” means the Department of Health and Social Services; (5) “Grandfathered employee” means an employee of the Delaware Psychiatric Center, who was not fingerprinted pursuant to this statute because the employment commenced before June 15, 2010, and no requirement for fingerprinting has since applied (see paragraph (b)(1) of this section above). (6) “Reasonable suspicion” means the Department, acting through its supervisory personnel, has a reasonable basis to suspect that a Delaware Psychiatric Center employee:  a. Has been convicted of a disqualifying crime since becoming employed; or b. Is impaired by an illegal drug.77 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 303, §  4;
16 DE Code § 5139. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter II-A. Criminal Background Checks; Mandatory Drug Testing|§ 5139. Drug testing required.

§ 5139. Drug testing required. (a) Preemployment testing. — The Department shall not hire or employ an applicant for any position at the Delaware Psychiatric Center without first obtaining the results of such applicant's mandatory drug screening. (b) Reasonable suspicion testing. — The Department, acting through its supervisory personnel, may also conduct a drug test based on a reasonable suspicion that a Delaware Psychiatric Center employee is impaired by an illegal drug. (c) Any person applying for employment with the Department in a position at the Delaware Psychiatric Center shall be required to submit to mandatory drug screening pursuant to this section and the regulations promulgated by the Department. Such regulations shall require drug testing for the following controlled substances:  (1) Marijuana/cannabis; (2) Cocaine; (3) Opiates; (4) Phencyclidine (“PCP”); (5) Amphetamines; (6) Any other controlled substances specified by the Department in the regulations promulgated pursuant to this subchapter. (d) Conditional hire. — Notwithstanding the provisions of this section, whenever exigent circumstances exist, and the Department must fill a position in order to maintain an appropriate level of patient care, the Department may hire an applicant on a conditional basis when the Department receives evidence that the applicant has actually had the appropriate drug screening. The final employment of any applicant conditionally hired pursuant to this subsection shall be contingent upon receipt of the results of the drug screening. In addition, all applicants conditionally hired pursuant to § 5138 of this title shall be informed and acknowledge in writing that the results of those applicants' drug screens have been requested. Under no circumstances shall an applicant hired on a conditional basis pursuant to this subchapter remain employed on a conditional basis for more than 2 months. (e) Any applicant who wilfully fails to comply with the requirements of this section shall be subject to a civil penalty of not less than $1,000 nor more than $5,000. (f) The Department shall adopt policies and procedures for imposing sanctions, which may include suspension and termination, upon any Delaware Psychiatric Center employee whose drug screen indicates that such employee has consumed an illegal drug or drugs. However, no such employee shall be sanctioned when the person has used or consumed the drug or drugs detected according to the directions and terms of a lawfully obtained prescription for such drug or drugs. 77 Del. Laws, c. 292, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 303, §  4;
16 DE Code § 5141. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter III. Mental Hygiene Clinic|§ 5141. Establishment and composition.

§ 5141. Establishment and composition. The Department may maintain mental hygiene clinics which shall be composed of such professional assistants as may be recommended by the Secretary. 36 Del. Laws, c. 241, §  1;  Code 1935, §  3073;  16 Del. C. 1953, §  5141;  53 Del. Laws, c. 84, §  2;  54 Del. Laws, c. 279, §  3;  57 Del. Laws, c. 591, §  24;
16 DE Code § 5142. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter III. Mental Hygiene Clinic|§ 5142. Duties and powers of clinic.

§ 5142. Duties and powers of clinic. (a) The mental hygiene clinic shall examine all public or private school children within the State who are 2 or more years retarded, when so requested by the superintendent or other executive head of such school. (b) The clinic shall likewise undertake and carry on a continuous survey and examination of all mentally retarded persons. (c) The clinic may observe, examine, study and treat the inmates of any institution supported in whole or in part by the State, or any county thereof and may likewise observe, examine, study and treat any person charged with any offense in, or subject to the jurisdiction of, any court within the State, when requested to do so by a judge or judges thereof. (d) The clinic may likewise, when requested, extend its psychiatric services to all social agencies of the State, general hospitals and all institutions for the mentally retarded for the purpose of the discovery and treatment of mental disorders. (e) The clinic may, through the State Psychiatrist and Criminologist, apply for the commitment of any person to the Delaware Psychiatric Center under any laws of the State relating to such commitments. 36 Del. Laws, c. 241, §§  1, 2;  Code 1935, §  3073;  16 Del. C. 1953, §  5142;  55 Del. Laws, c. 212;  70 Del. Laws, c. 550, §  1;
16 DE Code § 5151. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter IV. Persons With Criminally Mental Conditions|§ 5151. Establishment of department for persons with criminally mental conditions.

§ 5151. Establishment of department for persons with criminally mental conditions. The Department shall establish at the Delaware Psychiatric Center a department for persons with criminally mental conditions who are adults regardless of their mental capacity. The term “persons with criminally mental conditions” as used herein shall be defined as any incarcerated individual, charged with or convicted of any criminal offense under this Code who also meets the definition set forth at § 5001(7) of this title [repealed]. The department shall be established on the present grounds of the Psychiatric Center. Code 1935, c. 76;  46 Del. Laws, c. 190, §  1;  16 Del. C. 1953, §  5151;  49 Del. Laws, c. 57, §  1;  54 Del. Laws, c. 279, §  3;  55 Del. Laws, c. 212;  70 Del. Laws, c. 550, §  1;  76 Del. Laws, c. 322, §§  7, 8;  78 Del. Laws, c. 179, §§  189-191;  79 Del. Laws, c. 442, §  1;
16 DE Code § 5152. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter IV. Persons With Criminally Mental Conditions|§ 5152. Commitment by courts.

§ 5152. Commitment by courts. (a) All persons with criminally mental conditions who are adults shall be admitted to the department for persons with criminally mental conditions at the Delaware Psychiatric Center for evaluation and/or treatment when committed by any court of this State having jurisdiction over the persons committed. (b) All criminally inclined juveniles amenable to the processes of Family Court shall be committed to treatment programs for criminally inclined juveniles established by the Department of Services for Children, Youth and Their Families when committed by any court of this State having jurisdiction over the persons committed. (c) Jurisdiction to order and review commitments under this subchapter is conferred upon any court:  (1) Which presides over any active matter in which the person with a criminally mental condition is a defendant or respondent; or (2) Which entered the most recent sentencing order regarding the person with a criminally mental condition.Code 1935, c. 76;  46 Del. Laws, c. 190, §  2;  16 Del. C. 1953, §  5152;  49 Del. Laws, c. 57, §  1;  66 Del. Laws, c. 424, §  10;  70 Del. Laws, c. 550, §  1;  76 Del. Laws, c. 322, §§  9-12;  78 Del. Laws, c. 179, §§  192-196;
16 DE Code § 5153. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter IV. Persons With Criminally Mental Conditions|§ 5153. Commitment from other institutions.

§ 5153. Commitment from other institutions. The governing authorities of any institution of this State, including but not limited to those facilities maintained by the Department of Correction, to which an adult or juvenile who is nonamenable to the processes of Family Court who classifies for admission under the terms of this subchapter already has been committed may request an order to temporarily remove an inmate of the institution to the department for persons with criminally mental conditions at the Delaware Psychiatric Center or other authorized institutions for suitable for nonamenable juveniles as follows:  (1) By petition to any court of competent jurisdiction in the State; or (2) In the case of any individual within the custody of the Department of Correction, by certification of the Commissioner of Correction, Bureau Chief of Prisons, Bureau Chief of Community Correction, or Director of Healthcare Services, that:  a. The inmate or offender is currently 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:  1. Renders such person unable to make responsible decisions with respect to the person's health; and 2. 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; b. The inmate or offender is currently recommended by correctional medical staff for immediate or emergent psychiatric care or stabilization; c. That the Department of Correction cannot provide the level of care required to treat the inmate or offender; and d. The inmate or offender has received all of the process due to the inmate or offender under the Department of Correction policies and/or procedures. (3) Upon receipt of any inmate or offender into the department for persons with criminally mental conditions by the process stated herein, the inmate or offender shall be treated as a provisional admittee and may only be housed at the location designated for the housing of persons with criminally mental conditions. The Department of Health and Social Services shall proceed under Chapter 50 of this title with respect to any decision to commit offenders transferred from the Department of Correction on an emergency basis.Code 1935, c. 76;  46 Del. Laws, c. 190, §  3;  16 Del. C. 1953, §  5153;  49 Del. Laws, c. 57, §  1;  57 Del. Laws, c. 591, §  25;  66 Del. Laws, c. 424, §  10;  70 Del. Laws, c. 550, §  1;  76 Del. Laws, c. 322, §  13;  78 Del. Laws, c. 179, §§  197, 198;
16 DE Code § 5154. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter IV. Persons With Criminally Mental Conditions|§ 5154. Liability for cost of maintenance and care.

§ 5154. Liability for cost of maintenance and care. The expenses of the removal of an adult with a criminally mental condition or a criminally inclined juvenile and of the adult's or juvenile's admission to a hospital under this subchapter, and the charges and expense for the maintenance and care at such hospital shall be paid by the institution which had charge of such case. Where such persons are committed by the proper courts otherwise than from an institution of the State, the State Treasurer shall pay such hospital for such removal, admission, maintenance and care. If any such adult with a criminally mental condition or criminally inclined juvenile has any real or personal estate, the Department of Health and Social Services or the Department of Services for Children, Youth and Their Families shall have, for the expenses and charges incurred, the same remedy as is provided in § 5019 of this title. Code 1935, c. 76;  46 Del. Laws, c. 190, §  4;  16 Del. C. 1953, §  5154;  49 Del. Laws, c. 57, §  1;  55 Del. Laws, c. 85, §  35B;  57 Del. Laws, c. 228, §  7;  66 Del. Laws, c. 424, §  10;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §§  199, 200;  79 Del. Laws, c. 442, §  2;  81 Del. Laws, c. 79, §  26;
16 DE Code § 5162. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter V. Mental Health Patients’ Bill of Rights|§ 5162. Notification of critical incidents and deaths, report forms.

§ 5162. Notification of critical incidents and deaths, report forms. (a) As used in this section:  (1) “Covered facility” means a hospital or residential center as defined in § 5161 of this title. (2) “Critical incident” means the occurrence, within a covered facility, of the following events:  a. Attempted suicide; b. Seclusion exceeding 15 minutes; c. Physical restraint exceeding 5 minutes or involving injury; and d. Victimization prompting solicitation of police intervention or investigation. (3) “Death” means the demise of a current patient or resident of a covered facility. “Death” shall also include the demise of such a patient or resident within 14 calendar days of transfer to a medical or hospice facility. (4) “Protection and advocacy agency” means the Community Legal Aid Society, Inc., or successor agency designated the state protection and advocacy system pursuant to the following:  a. Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. § 10801 et seq.);  b. Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. § 15001 et seq.); or c. Protection and advocacy for individual rights (29 U.S.C. § 794e). (b) Notwithstanding any other provision of law, each covered facility shall notify the protection and advocacy agency in writing or electronically within 72 hours of all critical incidents and, upon request, facilitate protection and advocacy agency contact with the patient, resident, or authorized representative of the patient or resident. (c) Notwithstanding any other provision of law, each covered facility shall notify the protection and advocacy agency within 72 hours of the date of any patient or resident death. Such notice shall include brief identifying information; contact information for the next of kin, administrator, or estate executor; the age of the patient or resident; the condition of the patient's or resident's health prior to death; and apparent cause of death. (d) No person or covered facility shall be liable in any civil action by reason of provision of notice of a critical incident or death to the protection and advocacy agency in conformity with this section. (e) Each covered facility shall cooperate with any assessment or investigation of a critical incident or death by the protection and advocacy agency. In furtherance of this duty, no covered facility shall discharge, discriminate, or retaliate against any person who provides the protection and advocacy agency with information or assistance in connection with an assessment or investigation of a critical incident or death. 77 Del. Laws, c. 202, §  1;
16 DE Code § 5163. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 51. The Department of Health and Social Services|Subchapter V. Mental Health Patients’ Bill of Rights|§ 5163. Enforcement of rights; Court of Chancery.

§ 5163. Enforcement of rights; Court of Chancery. This subchapter shall be enforceable by the Attorney General or by any interested citizen. Within the meaning of this section, “interested citizen” shall include any individual, voluntary association of individuals or corporate body having a bona fide interest in furthering enforcement of the rights created by this subchapter. Notwithstanding 10 Del. C. § 342, the Court of Chancery shall have jurisdiction over all actions, including those requesting declaratory relief, to enforce or resolve disputes concerning the rights arising out of this subchapter. 59 Del. Laws, c. 571, §  1;  70 Del. Laws, c. 222, §  2;  77 Del. Laws, c. 202, §  1;