reglab/housing_qa huggingface dataset:
16 DE Code § 5016. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 50. Involuntary Commitment of Persons With Mental Conditions; Discharge; Procedure|§ 5016. Payment of transportation and medical costs.

§ 5016. Payment of transportation and medical costs. (a) The State Treasurer shall pay peace officers or other transportation providers under contract with the Department of Health and Social Services for transportation services under this chapter at an agreed-upon rate, including a custody fee and mileage traveled. (b) The State Treasurer shall pay third-party medical and dental providers at a contractually agreed-upon rate for services rendered for the medically necessary treatment of persons receiving mental health treatment and services pursuant to this chapter. 68 Del. Laws, c. 309, §  3;  75 Del. Laws, c. 349, §  1;  78 Del. Laws, c. 179, §  187;  79 Del. Laws, c. 442, §  1;
16 DE Code § 5017. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 50. Involuntary Commitment of Persons With Mental Conditions; Discharge; Procedure|§ 5017. Immunity.

§ 5017. Immunity. (a) Initial assessment. — No peace officer, medical doctor, credentialed mental health screener, juvenile mental health screener, or facility in which a medical doctor or credentialed mental health screener or juvenile mental health screener practices shall be subject to civil damages or criminal penalties for any harm resulting from the performance of their functions under this section unless such harm was intentional or the result of wilful or wanton misconduct on their part. This immunity is limited to the mental health assessment, resulting clinical decision, and involuntary hold necessary until the person is presented to a designated psychiatric treatment facility that is able to provide such psychiatric health-care services for the emergency detention described in § 5001(8) of this title. (b) Emergency detention. — After the person presents to the designated psychiatric treatment facility and during the emergency detention period described in § 5001(8) of this title, no medical doctor or designated psychiatric treatment facility shall be subject to civil damages or criminal penalties for any harm to the person with a mental condition resulting from the performance of functions under § 5004(e) of this title unless such harm was the result of negligent, reckless, wilful, wanton and/or intentional misconduct. (c) Subsequent care. — After the person is voluntarily admitted, provisionally admitted or involuntarily committed, no peace officer or medical doctor shall be subject to civil damages or criminal penalties for any harm to the person with a mental condition resulting from the performance of the officer's or doctor's own functions of this title unless such harm was the result of negligent, reckless, wilful, wanton and/or intentional misconduct on the officer's or doctor's own part. (d) Nothing in this section is intended to waive the State's sovereign immunity or the privileges and immunities set forth at Chapter 40 of Title 10. 79 Del. Laws, c. 442, §  1;
16 DE Code § 5018. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 50. Involuntary Commitment of Persons With Mental Conditions; Discharge; Procedure|§ 5018. Discharge of patients from hospitals.

§ 5018. Discharge of patients from hospitals. (a) Hospitals shall examine every involuntary patient and voluntary patient present in its facility as frequently as practicable, but not less often than every 3 months. If pursuant to such examination a person's treating psychiatrist determines that a person no longer satisfies the criteria for involuntary hospitalization pursuant to the emergency detention, provisional admission or involuntary court commitment sections of this chapter, or as established for voluntary treatment under § 5003(a) of this title, the patient shall be discharged. A person involuntarily hospitalized pursuant to the emergency detention, provisional admission or involuntary court commitment sections of this chapter may be discharged pursuant to this subsection without further order of the court. (b) The certificate of discharge shall state the basis for the discharge. Prior to discharge, the hospital shall prepare a written continuing care plan developed in consultation with interdisciplinary staff, identified post-discharge community mental health providers and the patient, and, if the patient is a minor, with the patient's parent or legal guardian. At a minimum, community-based services staff shall be consulted prior to the discharge of patients in hospitals. The continuing care plan shall be consistent with the discharge planning requirements set out in § 5161 of this title, the Mental Health Patients' Bill of Rights. The continuing care plan shall include: a realistic assessment of the patient's post-discharge social, financial, vocational, housing and treatment needs; identification of available support services and provider linkages necessary to meet the assessed needs; and identification and a timetable of discrete, predischarge activities necessary to promote the patient's successful transition to the community-based services system or to another appropriate post-discharge setting. 79 Del. Laws, c. 442, §  1;
16 DE Code § 5019. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 50. Involuntary Commitment of Persons With Mental Conditions; Discharge; Procedure|§ 5019. Liability for maintenance of patient; collection remedies.

§ 5019. Liability for maintenance of patient; collection remedies. (a) Any adult committed to or placed in a designated psychiatric treatment facility or hospital shall be liable for the cost of care, treatment, or both to the extent authorized by § 7940 of Title 29. If a minor is committed to or placed in a designated psychiatric treatment facility or hospital, liability for costs of care, treatment, or both shall conform to § 9019 of Title 29. (b) The Department of Health and Social Services and Department of Services for Children, Youth and Their Families shall keep an account of the cost of care, treatment, or both and credit against the account all moneys received from the patient or other persons on the patient's behalf. (c) In the event of nonpayment, the Department of Health and Social Services and Department of Services for Children, Youth and Their Families may pursue collection remedies authorized by §§ 7940 and 9019, respectively, of Title 29. 79 Del. Laws, c. 442, §  1;
16 DE Code § 5020. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 50. Involuntary Commitment of Persons With Mental Conditions; Discharge; Procedure|§ 5020. Expenses of examination and removal of indigent patients.

§ 5020. Expenses of examination and removal of indigent patients. The expenses of the examination of an indigent person alleged to be suffering from a mental condition and the transportation of such person, by a peace officer or credentialed mental health screener or juvenile mental health screener to a designated psychiatric treatment facility or hospital able to provide further evaluation or care and treatment, shall be paid by the State Treasurer. 79 Del. Laws, c. 442, §  1;
16 DE Code § 5021. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 50. Involuntary Commitment of Persons With Mental Conditions; Discharge; Procedure|§ 5021. Veterans Administration hospitals.

§ 5021. Veterans Administration hospitals. The provisions in the Delaware Code pertaining to the admission, commitment, care and discharge of persons diagnosed with a mental condition at state institutions shall apply with the same force and effect to persons entitled to the services of hospitals for people with a mental condition operated by the Veterans Administration. Persons so entitled may be transferred from state institutions to such Veterans Administration hospitals subject to the statutory provisions affording interested parties the right to have the status of the person with a mental condition determined as provided by law. 79 Del. Laws, c. 442, §  1;
16 DE Code § 5022. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 50. Involuntary Commitment of Persons With Mental Conditions; Discharge; Procedure|§ 5022. Return of patients; order; notice; custody.

§ 5022. Return of patients; order; notice; custody. (a) If an inpatient of a state-operated hospital escapes or is on unauthorized leave, its director may issue an order for the patient's immediate rehospitalization. The director or the director's designee may notify such patient of the existence of a rehospitalization order by any reasonable means of communication open to the director. Such an order, irrespective of the patient's actual receipt, shall authorize any peace officer to take the patient into custody for rehospitalization. (b) If an involuntarily committed inpatient or a person detained involuntarily under this chapter from a nonstate-operated hospital certified under § 5026 of this title escapes or is on unauthorized leave, that hospital's director shall immediately notify the Director of the Division of Substance Abuse and Mental Health or the Director's designee if the patient is 18 years of age or older or the Division of Prevention and Behavioral Health Services if the patient is under 18 years of age. Upon receipt of such notification, the Division Director or the Director's designee may issue notice and a rehospitalization order in conformity with subsection (a) of this section. Such an order, irrespective of the patient's actual receipt, shall authorize any peace officer to take the patient into custody for rehospitalization. 79 Del. Laws, c. 442, §  1;
16 DE Code § 5023. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 50. Involuntary Commitment of Persons With Mental Conditions; Discharge; Procedure|§ 5023. Unwarranted hospitalization in Delaware Psychiatric Center or denial of rights; penalties.

§ 5023. Unwarranted hospitalization in Delaware Psychiatric Center or denial of rights; penalties. (a) Any person who wilfully causes, or conspires with or assists another to cause:  (1) The unwarranted hospitalization of any individual in the Delaware Psychiatric Center under this chapter; or (2) The denial to any individual of any of the rights accorded to said individual under this chapter shall be punished by a fine not exceeding $500 or imprisonment not exceeding 1 year, or both. (b) The Superior Court shall have jurisdiction of offenses under this section. 79 Del. Laws, c. 442, §  1;
16 DE Code § 5024. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 50. Involuntary Commitment of Persons With Mental Conditions; Discharge; Procedure|§ 5024. Examinations of persons relative to parole, pardon or commutation of sentence in case of certain crimes.

§ 5024. Examinations of persons relative to parole, pardon or commutation of sentence in case of certain crimes. Whenever the Director of the Division of Substance Abuse and Mental Health or the Director of the Division of Developmental Disabilities Services receives a request from the Commissioner of the Department of Correction, relative to parole, pursuant to § 4353 of Title 11, or relative to pardon or commutation of sentence, pursuant to § 4362 of Title 11, for psychiatric examination and psychological clinical studies, and a report containing an opinion of the prisoner's condition and of the probability of the prisoner's again committing crimes similar to the 1 for which the prisoner was incarcerated, or other crimes, the Director shall cause such examination and studies to be made at the correctional institution or the Delaware Psychiatric Center, and copies of the report shall be delivered to each member of the Parole Board or the Board of Pardons, as the case may be; and in cases of pardons and commutations of sentence, a copy to the Governor. 79 Del. Laws, c. 442, §  1;
16 DE Code § 5025. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 50. Involuntary Commitment of Persons With Mental Conditions; Discharge; Procedure|§ 5025. Minors.

§ 5025. Minors. (a) Except as otherwise provided, the provisions of this chapter pertaining to the care and release of persons age 18 and older shall apply with the same force and effect to persons under 18 years of age admitted to a designated psychiatric treatment facility or hospital, certified by the Secretary of the Department of Services for Children, Youth and Their Families as being appropriate for the diagnosis, care, and treatment of persons with mental illness under 18 years of age. (b) All substantive and procedural rights provided to individuals pursuant to this chapter shall automatically transfer to the individual's parents or legal guardian if the individual is a minor, unless specifically stated otherwise in this chapter. Even when such a transfer of rights occurs, all reasonable efforts shall be made to ensure the relevant rights and procedures are explained to the minor in language understandable to the minor. (c) A psychiatrist or Emergency Detention of Juveniles Review Board designated by the Secretary of the Department of Services for Children, Youth and Their Families may conduct an independent review of a determination that a person under 18 years of age admitted to a designated psychiatric treatment facility or hospital pursuant to an emergency detention on the basis of the appearance of a mental condition, and whose mental condition causes the individual to be dangerous to self or dangerous to others. Such review may include an examination of the determinations made by juvenile mental health screeners in individual cases or in aggregate. The Department for Children, Youth and Their Families is authorized to establish regulations concerning the process and criteria for such determinations. 79 Del. Laws, c. 442, §  1;
16 DE Code § 5026. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 50. Involuntary Commitment of Persons With Mental Conditions; Discharge; Procedure|§ 5026. Additional facilities for adults.

§ 5026. Additional facilities for adults. The Secretary of the Department of Health and Social Services, upon voluntary application of a private or public hospital, may certify such hospital as an appropriate facility for the detention, diagnosis, care and treatment of adults with a mental condition under this chapter. If so certified, on a case-by-case basis, any such hospital shall be authorized to serve in addition to the Delaware Psychiatric Center under this chapter. 79 Del. Laws, c. 442, §  1;
16 DE Code § 5202. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 52. Interstate Compact on the Mentally Disordered Offender|§ 5202. Department of Health and Social Services; authority to contract.

§ 5202. Department of Health and Social Services; authority to contract. The Department of Health and Social Services may negotiate and enter into contracts on behalf of this State pursuant to Article III of the compact and may perform such contracts, provided that no funds, personnel, facilities, equipment, supplies or materials shall be pledged for, committed or used on account of any such contract, unless legally available therefor. 16 Del. C. 1953, §  5202;  57 Del. Laws, c. 658, §  1;
16 DE Code § 5401. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 54. Mental Health Services Providers|§ 5401. Definitions.

§ 5401. Definitions. Except where the context indicates otherwise, as used in this chapter:  (1) “Licensed clinical social worker” means “licensed clinical social worker” as defined by Chapter 39 of Title 24. (2) “Licensed counselor working in the field of mental health” means “licensed counselor working in the field of mental health” as defined by Chapter 30 of Title 24. (3) “Licensed psychologist” means “licensed psychologist” as defined by Chapter 35 of Title 24. (4) “Mental health services provider” means any physician, registered professional nurse, licensed counselor working in the field of mental health, psychologists and licensed clinical social workers as defined in this chapter. (5) “Patient” means any person with whom the mental health services provider has established a patient-care provider relationship. (6) “Physician” means “physician” as defined by Chapter 17 of Title 24. (7) “Registered professional nurse” means “registered professional nurse” as defined by Chapter 19 of Title 24.68 Del. Laws, c. 387, §  1;
16 DE Code § 5402. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 54. Mental Health Services Providers|§ 5402. Duty of mental health services providers to take precautions against threatened patient violence; duty to warn.

§ 5402. Duty of mental health services providers to take precautions against threatened patient violence; duty to warn. (a) A person may not bring a cause of action against a mental health services provider, institution, agency, or hospital, and legal liability may not be imposed, for the inability of a mental health services provider, institution, agency, or hospital to prevent harm to person or property caused by a patient unless both of the following are met:  (1) The patient has communicated to the mental health services provider, institution, agency, or hospital an explicit and imminent threat to kill or seriously injure a clearly identified victim, or to commit a specific violent act or to destroy property under circumstances which could easily lead to serious personal injury or death, and the patient has an apparent intent and ability to carry out the threat. (2) The mental health services provider, institution, agency, or hospital fails to take the precautions specified in subsection (b) of this section in an attempt to prevent the threatened harm. (b) Any duty owed by a mental health services provider, institution, agency, or hospital to take reasonable precautions to prevent harm threatened by a patient is discharged, as a matter of law, if the mental health services provider, institution, agency, or hospital, in a timely manner, does both of the following:  (1) Notifies a law-enforcement agency having jurisdiction where the potential victim resides, or notifies a law enforcement agency having jurisdiction where the patient resides, and communicates the threat of death or serious bodily injury to the clearly identified victim. (2) Arranges for the patient's immediate voluntary or involuntary hospitalization, in an inpatient or outpatient program. (c) If a patient has explicitly threatened to cause serious harm to a person or property, or a mental health services provider, institution, agency, or hospital otherwise concludes that the patient is likely to do so or is dangerous to others or dangerous to self, as these terms are defined in § 5001 of this title, and the mental health services provider, institution, agency, or hospital, for the purpose of reducing the risk of harm, discloses any confidential communication made by or relating to the patient, a person may not bring cause of action, either criminal or civil, against the mental health services provider, institution, agency, or hospital for making such disclosure. (d) [Repealed.] 68 Del. Laws, c. 387, §  1;  81 Del. Laws, c. 232, § 5;
16 DE Code § 5403. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 54. Mental Health Services Providers|§ 5403. Discretionary disclosures to law enforcement.

§ 5403. Discretionary disclosures to law enforcement. (a) A mental health service provider, institution, agency, or hospital may disclose confidential communications made by or relating to a patient to law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is “dangerous to others” or “dangerous to self,” as these terms are defined in § 1448C(a) of Title 11, regardless of whether the patient has made explicit threats against an identifiable victim. (b) A person may not bring a cause of action, either criminal or civil, against a mental health services provider, institution, agency, or hospital for making a communication to law enforcement under this section.  81 Del. Laws, c. 232, § 6;
16 DE Code § 5701. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5701. Definitions.

§ 5701. Definitions. (a) As used in this chapter, “informed consent” is the voluntary agreement by the person to be sterilized and shall minimally include the following elements:  (1) Full disclosure of the facts necessary to make an informed decision to include:  a. The risks that a reasonable person would consider pertinent to the decision to undergo or not undergo a sterilization procedure; b. The risks that a prudent physician would disclose to a patient relative to sterilization; c. The comparative benefits and risks of undergoing available sterilization procedures. (2) Knowledge and understanding of the alternatives to sterilization; (3) Ability of the patient to understand the information and deliberate about choices; (4) Knowledge and understanding that the patient is free to give or withhold consent without fear of repercussion; (5) Knowledge and understanding that the patient may withdraw consent at any time prior to the procedure without fear of repercussion. (b) As used in this chapter, “sterilization” means any surgical or medical procedure intended to render a person permanently unable to procreate. 65 Del. Laws, c. 148, §  1;  75 Del. Laws, c. 285, §  4;
16 DE Code § 5702. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5702. Scope of chapter.

§ 5702. Scope of chapter. (a) Nothing in this chapter shall be construed to require compliance with the procedures herein, or prevent the medical treatment of any person by any physician duly licensed to practice medicine in this State, when such treatment may result in an inability to procreate as a secondary effect; provided that such treatment is to remedy a substantial danger to life or health and under usual circumstances for elective surgery such secondary effect is explained to the person and the person gives informed consent thereto or that a bona fide emergency prevents such explanation and consent. (b) Nothing in this chapter shall be construed to prevent the sterilization by any licensed physician of any person 18 or more years of age who voluntarily, knowingly and personally requests such treatment and gives informed consent thereto. (c) Nothing in this chapter shall be construed to permit the involuntary sterilization of a person confined to any correctional institution on the basis of such confinement. (d) All other sterilizations shall be in accordance with this chapter. 65 Del. Laws, c. 148, §  1;
16 DE Code § 5703. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5703. Informed consent not presumed.

§ 5703. Informed consent not presumed. The following persons shall be presumed incapable of giving informed consent to sterilization:  (1) An individual who lives in an institution that serves persons with mental illness, mental retardation or other significant cognitive disability; (2) A person known by the physician to be on convalescent leave or any other form of conditional discharge from any institution for the mentally ill or retarded; (3) A person confined to any correctional institution; (4) A person on whose behalf sterilization is requested by another person or agency; (5) A person receiving residential services from the Department of Health and Social Services.65 Del. Laws, c. 148, §  1;  75 Del. Laws, c. 285, §§  5, 6;
16 DE Code § 5704. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5704. Jurisdiction and venue.

§ 5704. Jurisdiction and venue. Sterilization of any person presumed incapable of giving informed consent thereto may be performed only if the Court of Chancery in the county in which the person to be sterilized resides or in which the institution in which the person resides is located:  (1) Issues a declaratory judgment that the person has given informed consent; or (2) Orders involuntary sterilization in compliance with this chapter.65 Del. Laws, c. 148, §  1;  70 Del. Laws, c. 186, §  1;