§ 2215 — Procedural rights of involuntary patients

An individual whom the staff of a facility has determined to be a person in need of treatment will be provided:

(1) Notice (including a written statement) of the factual grounds upon which the proposed treatment is predicated and the reasons for the necessity of involuntary treatment and confinement.

(2) Judicial review and determination of:

a. Whether the involuntary patient’s confinement is based upon sufficient cause;

b. Whether the involuntary patient is a person in need of treatment; and

c. Whether a less restrictive placement such as nonresidential treatment is more appropriate. Such hearings shall be without jury and not open to the public and shall be preceded by adequate notice to the involuntary patient, and the involuntary patient shall be entitled to be present at all such hearings.

(3) Representation by counsel at all judicial proceedings, such counsel to be court-appointed if the involuntary patient cannot afford to retain counsel;

(4) Examination by an independent, licensed professional in the area of substance abuse and treatment and to have such persons testify as a witness on the patient’s behalf, such witness to be court-appointed if the involuntary patient cannot afford to retain such witness.

(5) Reasonable discovery, the opportunity to summon and cross-examine witnesses, to present evidence on the person’s own behalf and to all other procedural rights afforded litigants in civil causes. The privilege against self-incrimination shall be applicable to all proceedings under this chapter and the patient’s testimony, if any, shall not otherwise be admissible in any criminal proceedings against the patient.

(6) To have a full record made of the proceedings, including findings adequate for review. All records and pleadings shall remain confidential unless the court for good cause orders otherwise.

Legislative History

73 Del. Laws, c. 358, § 2