reglab/housing_qa huggingface dataset:
16 DE Code § 5705. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5705. Filing petition.

§ 5705. Filing petition. (a) A petition for a declaratory judgment or for involuntary sterilization under this chapter may be filed in the Court of Chancery by:  (1) The chief executive officer of the institution in which the person to be sterilized resides; (2) The head of the state agency responsible for such person if the person is not a resident of an institution; (3) The parent or guardian of such person; or (4) Any state agency which by virtue of the scope of its powers and jurisdiction has an interest in the sterilization of the person. (b) A form of preliminary order setting the matter down for hearing and providing for the giving of the required notice shall be filed with the petition. 65 Del. Laws, c. 148, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 285, §  7;
16 DE Code § 5706. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5706. Petition for declaratory judgment.

§ 5706. Petition for declaratory judgment. (a) Any petition for a declaratory judgment that the person to be sterilized has given informed consent shall be verified and shall:  (1) Identify the petitioner and the petitioner's relationship to the person for whom sterilization is sought; (2) Name as respondent the person for whom sterilization is sought and set forth the respondent's age, sex, residence, marital status, mental condition and identify the respondent's parents, guardian, spouse, if any, and next-of-kin, if other than the petitioner; (3) Identify the physician who will perform the sterilization and the hospital or clinic where such procedure will be performed; (4) Identify the sterilization procedure to be performed; (5) State whether, in the opinion of the petitioner, the person for whom sterilization has been sought has given informed consent to the sterilization procedure to be performed; and (6) Pray for a declaratory judgment that the respondent has given informed consent to sterilization. (b) Any petition under this section shall have annexed thereto a verified report of a psychiatrist or psychologist duly authorized to practice in the State stating that the psychiatrist or psychologist has examined the respondent and that the respondent is, in the psychiatrist's or psychologist's opinion, capable of giving informed consent to the sterilization procedure to be performed. 65 Del. Laws, c. 148, §  1;  70 Del. Laws, c. 186, §  1;
16 DE Code § 5707. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5707. Petition for involuntary sterilization.

§ 5707. Petition for involuntary sterilization. (a) Any petition for the sterilization of any person presumed incapable of informed consent shall be verified and shall:  (1) Identify the petitioner and the petitioner's relationship to the person for whom sterilization is sought;  (2) Name as respondent the person for whom sterilization is sought and set forth the respondent's age, sex, residence, marital status, mental condition and identify the respondent's parents, guardian, spouse, if any, and next-of-kin, if other than the petitioner;  (3) Identify the physician who will perform the sterilization and the hospital or clinic where such procedure will be performed;  (4) Identify the sterilization procedure to be performed;  (5) State whether, in the opinion of the petitioner, the person for whom involuntary sterilization is sought is incapable of giving informed consent to the sterilization procedure to be performed; and (6) Pray for an order authorizing the sterilization of the respondent. (b) Any petition under this section shall have annexed thereto the affidavit of a psychiatrist or psychologist duly licensed to practice in the State, which affidavit shall set forth:  (1) The date he last examined the respondent; (2) Whether or not the respondent is permanently incapable, or is and will in the affiant's opinion remain incapable for the foreseeable future, of giving informed consent to the sterilization procedure to be performed; and (3) Whether, in the opinion of the affiant, it would or would not be meaningless or detrimental to the health of the respondent to serve a copy of the petition and notice of the hearing personally upon the respondent. (c) Any petition under this section shall also have annexed thereto an affidavit or affidavits of the duly licensed physician or physicians, which affidavit or affidavits shall set forth:  (1) The date that he last examined the respondent; (2) Whether or not the respondent, if not sterilized, is likely to procreate a child; (3) The sterilization procedure to be performed and, if other than the least drastic means of sterilization is to be performed, why such procedure is medically or hygienically indicated; (4) Whether, if the respondent is female, pregnancy would present a substantial danger to the life or health of the respondent; (5) Whether, in the opinion of the affiant, the benefit to the respondent from the sterilization procedure outweighs any known medical contraindications to the procedure to be performed; and (6) Whether, in the opinion of the affiant, it would or would not be meaningless or detrimental to the health of the respondent to serve a copy of the petition and notice of the hearing personally upon such person.65 Del. Laws, c. 148, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 285, §  11;
16 DE Code § 5708. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5708. Service of petition and notice.

§ 5708. Service of petition and notice. (a) Upon the filing of a petition for a declaratory judgment or for involuntary sterilization under this chapter, service of the petition shall be made and notice shall be given as hereinafter provided. (b) Service of the petition shall be made upon the person for whom sterilization is sought at least 10 days before the hearing date. Where the affidavits required by § 5706(b) of this title or § 5707(b) and (c) of this title recite that it would be meaningless or detrimental to the health of the respondent to serve the respondent personally, the required service shall be made upon the person in charge of the institution or home where the respondent resides. If the petitioner has the custody of the respondent and the affidavits required by § 5706(b) of this title or § 5707(b) and (c) of this title recite that service would be meaningless or detrimental, the required service shall be made on the spouse, parent or guardian, if any, or the next-of-kin of the respondent who are 18 years of age or older and who reside in the State. As to persons so served, the notice by mail provided in subsection (c) of this section is not required. (c) Notice by registered or certified mail, return receipt requested, of the time, place and purpose of the hearing shall be given by or on behalf of the petitioner, to the spouse, parent or guardian, if any, and to the next-of-kin of the respondent who are 18 years of age or older. Notice need not be given to any person if the person shall consent in writing to the granting of the prayer of the petition or shall waive such notice. (d) Proof of service and of notice shall be filed with the Register in Chancery prior to the hearing or shall be presented at the hearing. 65 Del. Laws, c. 148, §  1;  70 Del. Laws, c. 186, §  1;
16 DE Code § 5709. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5709. Interim action by court.

§ 5709. Interim action by court. (a) Upon receipt of a petition, the Court shall appoint a guardian ad litem or attorney or both for the respondent. (b) On the motion of the respondent or on its own motion, the Court may order an independent examination by a duly licensed physician, psychiatrist or psychologist not employed by the agency responsible for the care of the respondent. The Court may order that such examination be at State expense. 65 Del. Laws, c. 148, §  1;
16 DE Code § 5710. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5710. Procedural rights of person to be sterilized.

§ 5710. Procedural rights of person to be sterilized. Any person for whom sterilization is sought shall have the following procedural rights:  (1) The right to counsel; (2) The right of cross-examination; (3) The right to present the persons own evidence; (4) The right to compel the attendance of witnesses; and (5) All other rights of civil litigants in the Court of Chancery.65 Del. Laws, c. 148, §  1;  70 Del. Laws, c. 186, §  1;
16 DE Code § 5711. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5711. Hearing on petition for declaratory judgment.

§ 5711. Hearing on petition for declaratory judgment. (a) The hearing upon the petition for a declaratory judgment under this chapter shall be by the Court. (b) If the attorney for the respondent and the guardian ad litem, if any, agree and the Court is satisfied that the report required by § 5706(b) of this title demonstrates clearly and convincingly that the respondent has given informed consent to sterilization and there is no objection to the petition, the Court may grant it without requiring the petitioner to present other evidence. (c) If there is objection to the petition, the Court will receive evidence at the hearing or, for good cause, adjourn the hearing to another date for the reception of evidence. (d) The Court may issue a declaratory judgment after hearing if satisfied by clear and convincing evidence that the respondent has given informed consent to sterilization. 65 Del. Laws, c. 148, §  1;
16 DE Code § 5712. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5712. Hearing on petition for involuntary sterilization.

§ 5712. Hearing on petition for involuntary sterilization. (a) The hearing upon the petition for involuntary sterilization under this chapter shall be by the Court. (b) The Court may order the involuntary sterilization of the respondent without requiring the petitioner to present other evidence:  (1) If there is no objection to the petition; (2) If the attorney for the respondent and the guardian ad litem, if any, agree; and (3) If the Court is satisfied that the affidavits required by § 5707(b) and (c) of this title demonstrate clearly and convincingly that:  a. The respondent is presently incapable of giving informed consent to sterilization; b. The respondent is more likely than not to remain so incapable either permanently or for the foreseeable future and that all attempts to render the respondent capable of giving informed consent have been and are likely to remain ineffectual; c. The benefit to the respondent from the sterilization outweighs any known medical contraindications to the procedure to be performed; d. If the respondent is not sterilized, the respondent is more likely than not to procreate and all less drastic medically advisable alternative means to prevent procreation are or have been ineffective; e. If the respondent is female, pregnancy would present a substantial danger to the life or health of the respondent; and f. The procedure to be performed is the least drastic medically or hygienically indicated means of sterilizing the respondent. (c) If there is objection to the petition, the Court will receive evidence at the hearing or, for good cause, adjourn the hearing to another date for the reception of evidence.  (d) The Court may issue an order authorizing the involuntary sterilization of the respondent after the hearing, if satisfied by clear and convincing evidence that the criteria set forth in subsection (b) of this section have been met. 65 Del. Laws, c. 148, §  1;  75 Del. Laws, c. 285, §  12;
16 DE Code § 5713. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5713. Physician's certification.

§ 5713. Physician's certification. (a) In all cases where the Court issues an order authorizing involuntary sterilization or a declaratory judgment that informed consent to sterilization has been given, the physician to perform the sterilization shall, prior to performing such procedure, certify that the physician was provided with a copy of the Court's order. (b) The physician's certificate shall be filed with the Register in Chancery within 10 days of the performance of the sterilization procedure. 65 Del. Laws, c. 148, §  1;  70 Del. Laws, c. 186, §  1;
16 DE Code § 5714. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5714. Records.

§ 5714. Records. A record shall be kept in every institution having the custody of any person operated upon under this chapter of such operation and of its effect upon the person operated upon and such records shall at all times be subject to inspection by the Department of Health and Social Services. 33 Del. Laws, c. 62, §  3;  Code 1935, §  3098;  16 Del. C. 1953, §  5705;  65 Del. Laws, c. 148, §  1;
16 DE Code § 5715. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5715. Limitation of liability.

§ 5715. Limitation of liability. (a) No physician who performs a sterilization in compliance with this chapter shall be held liable for the respondent's loss of procreative power. (b) No hospital or clinic wherein a sterilization in compliance with this chapter is performed shall be held liable for the respondent's loss of procreative power. (c) No physician, psychiatrist or psychologist who provides a report required by this chapter shall be held liable for the respondent's loss of procreative power. (d) Nothing contained in this section shall be construed to excuse any physician, psychiatrist, psychologist, hospital or clinic from liability for malpractice. 65 Del. Laws, c. 148, §  1;
16 DE Code § 5716. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 57. Voluntary and Involuntary Sterilization|§ 5716. Costs.

§ 5716. Costs. (a) Any proceeding under this chapter shall be exempt from making a deposit for costs with the Register in Chancery. (b) The Court may order that the costs of any proceeding under this chapter be paid for from resources available to the recipient of these proceedings. If such resources are not available, the Court may order that the costs of any proceeding under this chapter be borne by the State. (c) The board or commission having custody of any person operated upon under this chapter shall pay out of its funds for the costs of the examination and the cost of performing the operation and hospital bills and transportation in connection therewith. 33 Del. Laws, c. 62, §  2;  Code 1935, §  3098;  16 Del. C. 1953, §  5704;  65 Del. Laws, c. 148, §  1;
16 DE Code § 5901. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 59. Training and Research|§ 5901. Coordination of training and research activities and facilities with those of other states.

§ 5901. Coordination of training and research activities and facilities with those of other states. The State, through appropriate officers, shall seek in addition to the present arrangements with the University of Pennsylvania similar formal arrangements with Maryland, North Carolina and Virginia for the training of personnel in psychiatry, clinical psychology, psychiatric social work and psychiatric nursing on graduate level until adequate facilities for this purpose can be provided within the State. The Governor Bacon Health Center is offered as a regional facility for training of child psychiatrists, clinical psychologists and psychiatric social workers. Arrangements shall be effected with other states by which the Governor Bacon Health Center may assist other states in residential treatment of maladjusted children inasmuch as this type of facility is lacking in most of the other southern states. Delaware will coordinate with other states engaged in similar treatment, its research in the study of cerebral palsy and other spastic diseases of children. Delaware will coordinate with other states its research in the study of alcoholism by using its existing facilities at the Governor Bacon Health Center. Delaware will increase the scope of its present research in schizophrenia, alcoholism, geriatrics and personality problems in children. 16 Del. C. 1953, §  5901;  50 Del. Laws, c. 464, §  2;
16 DE Code § 6001. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 60. Patients’ Trust Fund|§ 6001. Definitions.

§ 6001. Definitions. As used in this chapter:  (1) “Institution” means any institution operated, maintained or under the supervision of the Department of Health and Social Services. (2) “Patient” means any person admitted, committed to or placed in any such institution for the purpose of treatment.16 Del. C. 1953, §  6001;  57 Del. Laws, c. 37.;
16 DE Code § 6002. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 60. Patients’ Trust Fund|§ 6002. Commingling of funds.

§ 6002. Commingling of funds. Any institution which has funds belonging to any patient of the institution, or deposited for the benefit of any patient, may commingle the funds by depositing them with the State Treasurer in an interest bearing account to be invested relatively free of risk on behalf of the beneficiaries according to the State's Cash Management Policy. For the purpose of account reporting, an institution shall maintain supporting records that show the share each patient has in the account. 16 Del. C. 1953, §  6002;  57 Del. Laws, c. 37;  75 Del. Laws, c. 270, §  1;
16 DE Code § 6003. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 60. Patients’ Trust Fund|§ 6003. Records of owners.

§ 6003. Records of owners. The ownership of the principal amount of the funds shall be continued in the respective patients and be accounted for on appropriate records of the institution. 16 Del. C. 1953, §  6003;  57 Del. Laws, c. 37.;
16 DE Code § 6004. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 60. Patients’ Trust Fund|§ 6004. Use of interest.

§ 6004. Use of interest. The interest or other income from the deposits earned shall be credited to the appropriate institution for distribution to individual patient accounts on a monthly basis. The interest or other income that results from an investment is the property of the beneficiary and may not be considered to be the property of the institution. 16 Del. C. 1953, §  6004;  57 Del. Laws, c. 37;  75 Del. Laws, c. 270, §  2;
16 DE Code § 6005. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 60. Patients’ Trust Fund|§ 6005. Audit of funds.

§ 6005. Audit of funds. The funds received or retained pursuant to this chapter shall be audited from time to time by the Auditor of Accounts. 16 Del. C. 1953, §  6005;  57 Del. Laws, c. 37.;
16 DE Code § 6201. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 62. The Delaware Suicide Prevention Coalition|§ 6201. The Delaware Suicide Prevention Coalition; mission, composition, organization, and reporting.

§ 6201. The Delaware Suicide Prevention Coalition; mission, composition, organization, and reporting. (a) There is hereby established the Delaware Suicide Prevention Coalition, hereinafter in this chapter referred to as “the Coalition.” (b) The Coalition shall do all of the following:  (1) Review and analyze statistics and patterns related to suicide and suicide attempts. (2) Consult with the Division of Public Health to determine the prevalence of suicide. (3) Implement methods to reduce suicide and attempts. (4) Operate in accordance with the State of Delaware Suicide Prevention Plan. (5) Manage the Gun Shop Project and comply with § 6202 of this title. (c) The Coalition shall consist of the following members:  (1) One representative of the Division of Substance Abuse and Mental Health, to be appointed by the Secretary of the Department of Health and Social Services; (2) One representative of the Division of Prevention and Behavioral Health Services, to be appointed by the Secretary of the Department of Services for Children, Youth and their Families; (3) One representative of the Division of Public Health, to be appointed by the Secretary of the Department of Health and Social Services; (4) One representative of the Department of Correction, to be appointed by the Commissioner of the department; (5) One representative of the Department of Education, to be appointed by the Secretary of the department; (6) One representative of the Delaware Commission of Veterans Affairs, to be appointed by the Chairman of the Commission; (7) One representative of the Delaware National Guard, to be appointed by the Adjutant General; (8) One representative of the Mental Health Association of Delaware, to be appointed by the Executive Director; (9) One representative of a private psychiatric facility, appointed by the Governor; (10) One representative to be appointed by the Governor. (d) The Coalition shall elect a Chairperson from its members. (e) The Coalition shall meet quarterly, and shall hold additional meetings as deemed necessary by the Chairperson. (f) The Coalition shall report to the General Assembly and the Governor annually with findings and any pertinent recommendations, including the information required under § 6202(e) of this title. (g) The Coalition shall be staffed by the Division of Substance Abuse and Mental Health. 80 Del. Laws, c. 410, §  1;  83 Del. Laws, c. 28, § 1;
16 DE Code § 6301. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 63. Emergency Planning and Community Right-to-Know|§ 6301. Establishment of State Emergency Response Commission.

§ 6301. Establishment of State Emergency Response Commission. All references to “State Emergency Response Commission” or “Commission” within this chapter shall refer to the State Emergency Response Commission established under Chapter 82 of Title 29 in compliance with Title III of the federal Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Chapter 116, Emergency Planning and Community Right-to-Know) [42 U.S.C. § 11001 et seq.]. 68 Del. Laws, c. 184, §  1;  71 Del. Laws, c. 208, §  6;
16 DE Code § 6304. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 63. Emergency Planning and Community Right-to-Know|§ 6304. Emergency release notifications.

§ 6304. Emergency release notifications. (a) Emergency release notification requirements shall be as established under § 6028 of Title 7. (b) [Repealed.] (c) Concerning the requirements for immediate notice to the State Emergency Response Commission as established under 42 U.S.C. § 11004(b) and regulations established under that act, notification to the Department shall serve as notification to the State Emergency Response Commission. (d) Concerning the requirements for submission of written followup reports to the State Emergency Response Commission as established under 42 U.S.C. § 11004(c) and regulations established under that act, submissions to the Department shall serve as submission to the State Emergency Response Commission. 71 Del. Laws, c. 59, §  1;  74 Del. Laws, c. 33, §§  1, 2;
16 DE Code § 6309. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 63. Emergency Planning and Community Right-to-Know|§ 6309. Establishment of authority to collect fees.

§ 6309. Establishment of authority to collect fees. The Department, with advice and consent of the State Emergency Response Commission, is hereby authorized to impose on and collect fees from facilities reporting under § 6306 of this title. 68 Del. Laws, c. 184, §  1;  71 Del. Laws, c. 59, §  1;