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DE HB346

Bill

Status

Enrolled

6/26/2014

Primary Sponsor

Michael Barbieri

Click for details

Origin

House of Representatives

147th General Assembly

AI Summary

  • Consolidates mental health commitment procedures by merging Chapter 50 and Chapter 51 (eliminating the separate 24-hour detention process) into a single, streamlined emergency detention framework lasting up to 24 hours for adults and up to 72 hours for minors when parents cannot be located.

  • Establishes new definitions and criteria including "credentialed mental health screeners" (psychiatrists, licensed mental health professionals, unlicensed professionals under supervision, or physicians) to conduct emergency screenings and determine dangerousness to self or others.

  • Requires a two-stage court process: a probable cause hearing within 8 working days to determine if detention is justified, followed by an involuntary inpatient commitment hearing within 8 working days if probable cause is found, with specific findings of fact required by clear and convincing evidence.

  • Introduces involuntary outpatient treatment over objection as an alternative to hospitalization for adults 18 and older who refuse treatment but meet dangerousness criteria, with court orders not to exceed 3 months.

  • Adds protections including documentation of conflicts of interest, least restrictive alternatives requirement, expanded immunity provisions for medical professionals and screeners, and discharge procedures allowing hospitals to release patients without further court order when criteria no longer are met.

Legislative Description

An Act To Amend Title 16 Of The Delaware Code Relating To The Commitment Of The Mentally Ill.

Last Action

Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT

6/26/2014

Committee Referrals

Health & Social Services6/19/2014
Health & Human Development5/15/2014

Full Bill Text

No bill text available