Delaware § 5162 Notification of critical incidents and deaths, report forms

Delaware Statutes

§ 5162 — Notification of critical incidents and deaths, report forms

Delaware § 5162

JurisdictionDelaware

Title16

PartMental Health

Ch. 51THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES

Subch.Mental Health Patients’ Bill of Rights

This text of Delaware § 5162 (Notification of critical incidents and deaths, report forms) 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, § 5162 (2026).

Text

(a)As used in this section:

(1)“Covered facility” means a hospital or residential center as defined in § 5161 of this title.

(2)“Critical incident” means the occurrence, within a covered facility, of the following events: a. Attempted suicide; b. Seclusion exceeding 15 minutes; c. Physical restraint exceeding 5 minutes or involving injury; and d. Victimization prompting solicitation of police intervention or investigation.

(3)“Death” means the demise of a current patient or resident of a covered facility. “Death” shall also include the demise of such a patient or resident within 14 calendar days of transfer to a medical or hospice facility.

(4)“Protection and advocacy agency” means the Community Legal Aid Society, Inc., or successor agency designated the state protection and a

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(a) As used in this section:

(1) “Covered facility” means a hospital or residential center as defined in § 5161 of this title.

(2) “Critical incident” means the occurrence, within a covered facility, of the following events:

a. Attempted suicide;

b. Seclusion exceeding 15 minutes;

c. Physical restraint exceeding 5 minutes or involving injury; and

d. Victimization prompting solicitation of police intervention or investigation.

(3) “Death” means the demise of a current patient or resident of a covered facility. “Death” shall also include the demise of such a patient or resident within 14 calendar days of transfer to a medical or hospice facility.

(4) “Protection and advocacy agency” means the Community Legal Aid Society, Inc., or successor agency designated the state protection and advocacy system pursuant to the following:

a. Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. § 10801 et seq.);

b. Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. § 15001 et seq.); or

c. Protection and advocacy for individual rights (29 U.S.C. § 794e).

(b) Notwithstanding any other provision of law, each covered facility shall notify the protection and advocacy agency in writing or electronically within 72 hours of all critical incidents and, upon request, facilitate protection and advocacy agency contact with the patient, resident, or authorized representative of the patient or resident.

(c) Notwithstanding any other provision of law, each covered facility shall notify the protection and advocacy agency within 72 hours of the date of any patient or resident death. Such notice shall include brief identifying information; contact information for the next of kin, administrator, or estate executor; the age of the patient or resident; the condition of the patient’s or resident’s health prior to death; and apparent cause of death.

(d) No person or covered facility shall be liable in any civil action by reason of provision of notice of a critical incident or death to the protection and advocacy agency in conformity with this section.

(e) Each covered facility shall cooperate with any assessment or investigation of a critical incident or death by the protection and advocacy agency. In furtherance of this duty, no covered facility shall discharge, discriminate, or retaliate against any person who provides the protection and advocacy agency with information or assistance in connection with an assessment or investigation of a critical incident or death.