§ 5006 — Duties of hospital upon provisional admission

During the 48-hour period of provisional admission:

(1) The hospital shall try to evaluate the involuntary patient to assess the person’s psychological and physical needs, and may provide treatment to the involuntary patient as clinically appropriate and consistent with the State’s Mental Health Patients’ Bill of Rights pending the involuntary patient’s probable cause hearing;

(2) A psychiatrist designated by the Secretary of the Department of Services for Children, Youth and Their Families may, at any time prior to the commencement of judicial proceedings to determine the mental condition of a minor or an individual over the age of 18 who is receiving financial assistance or is in the custody of the Department, conduct an independent review of a determination that such a person is a person with a mental condition. If the psychiatrist determines that such person is not a person with a mental condition, the Department may withhold financial assistance for the diagnosis, care or treatment of such person;

(3) The hospital shall document in the patient’s medical record whether or not the involuntary patient can afford counsel and an independent psychiatrist or other licensed mental health professional to serve as an expert witness on the individual’s behalf.

Legislative History

60 Del. Laws, c. 95, § 1 ; 66 Del. Laws, c. 424, §§ 3, 4 ; 68 Del. Laws, c. 310, § 1 ; 70 Del. Laws, c. 186, § 1 ; 78 Del. Laws, c. 179, §§ 177, 178 ; 79 Del. Laws, c. 442, § 1