Delaware § 5011 - Involuntary inpatient commitment hearing and procedure.

§ 5011. Involuntary inpatient commitment hearing and procedure.

(a) An individual shall be involuntarily committed for inpatient treatment only if all of the following criteria are met by clear and convincing evidence:

(1) The individual is a person with a mental condition;

(2) Based upon manifest indications, the individual is:

a. Dangerous to self; or

b. Dangerous to others;

(3) All less restrictive alternatives have been considered and determined to be clinically inappropriate at the time of the hearing; and

(4) The individual has declined voluntarily inpatient treatment, or lacks the capacity to knowingly and voluntarily consent to inpatient treatment. When evaluating capacity, the court shall consider an individual’s ability to understand the significant consequences, benefits, risks, and alternatives that result from the individual’s decision to voluntarily request or decline inpatient treatment.

(b) The court shall set out specific findings of facts and conclusions of law which address each of the required criteria for involuntary commitment and which support its decision to involuntarily commit or discharge the individual.

(c) If the court determines that an individual meets the criteria for involuntary commitment, the court shall enter an order of disposition which shall not exceed 3 months based upon the court’s individualized assessment of the facts and circumstances at the time of the hearing.

(d) Upon the expiration of the court order pursuant to subsection (c) of this section, if the individual has not been discharged by the hospital, and the hospital believes that the individual continues to require involuntary commitment, the court shall schedule a subsequent hearing which will be held in compliance with § 5007 of this title and this section. The individual shall be entitled to at least 14 working days’ notice of any subsequent hearings. As long as an individual receives involuntary inpatient treatment, the court must convene a hearing in compliance with § 5007 of this title and this section at least once every 3 months to review whether continued involuntary inpatient treatment is necessary.

(e) An individual, if represented by counsel, may waive, orally or in writing, any hearing under this section. The waiver must be submitted in writing to the court or be orally presented in open court.

60 Del. Laws, c. 95, §  1;  68 Del. Laws, c. 310, §§  6-8;  78 Del. Laws, c. 179, §  186;  79 Del. Laws, c. 442, §  1;