Delaware § 5008 Probable cause complaint

Delaware Statutes

§ 5008 — Probable cause complaint

Delaware § 5008

Title16

PartMental Health

Ch. 50INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE

This text of Delaware § 5008 (Probable cause complaint) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 16, § 5008 (2026).

Text

(a)If an involuntary patient has not been discharged by the hospital by the end of the 48-hour provisional admission period, the hospital shall file a verified complaint for involuntary civil commitment in the Superior Court or in the Family Court if the involuntary patient would otherwise be amenable to Family Court jurisdiction under other provisions of law. The complaint shall set forth in detail facts to show that the hospital, as petitioner, reasonably and in good faith believes that the involuntary patient (who shall be named as respondent) is a person who meets the standard for involuntary inpatient commitment set forth in § 5011 of this title, and who should be continued as a patient at the hospital pursuant to this chapter until the patient is determined no longer to meet the cri

Free access — add to your briefcase to read the full text and ask questions with AI

(a) If an involuntary patient has not been discharged by the hospital by the end of the 48-hour provisional admission period, the hospital shall file a verified complaint for involuntary civil commitment in the Superior Court or in the Family Court if the involuntary patient would otherwise be amenable to Family Court jurisdiction under other provisions of law. The complaint shall set forth in detail facts to show that the hospital, as petitioner, reasonably and in good faith believes that the involuntary patient (who shall be named as respondent) is a person who meets the standard for involuntary inpatient commitment set forth in § 5011 of this title, and who should be continued as a patient at the hospital pursuant to this chapter until the patient is determined no longer to meet the criteria for involuntary inpatient hospitalization. The complaint shall also aver that the involuntary patient has been advised of the patient’s rights under this chapter. Copies of the emergency detention certificate and the provisional admission certificate shall be attached to the complaint. A notarized affidavit indicating that a hospital official has reviewed each complaint shall be filed, with the original copy sent to the court to be maintained in the patient’s file.

(b) The hospital’s affidavit filed with the complaint shall indicate whether the involuntary patient is able to afford counsel and whether the patient requested an independent psychiatric witness.

Legislative History

60 Del. Laws, c. 95, § 1 ; 62 Del. Laws, c. 300, §§ 2-5 ; 68 Del. Laws, c. 310, §§ 2, 3 ; 70 Del. Laws, c. 186, § 1 ; 78 Del. Laws, c. 179, § 180 ; 79 Del. Laws, c. 442, § 1