Delaware Severe Mental Illness Information, Laws, & Helpful Resources

DEL CODE ANN. tit. 16 § 5001(8). "Emergency detention" and “emergently detained” means the process whereby an adult who appears to have a mental condition, and whose mental condition causes the person to be dangerous to self or dangerous to others, and who is unwilling to be admitted to a facility voluntarily for assessment or care, is involuntarily detained for such evaluation and treatment for 24 hours in a designated psychiatric facility because other less restrictive, more community integrated services are not appropriate or available to meet the person's current mental health care needs. DEL CODE ANN. tit. 16 § 5004 (a). Any person who believes that another person's behavior is both the product of a mental condition and is dangerous to self or dangerous to others may notify a peace officer or a credentialed mental health screener or juvenile mental health screener and request assistance for said person. Upon the observation by a peace officer or a credentialed mental health screener or juvenile mental health screener that such individual with an apparent mental condition likely constitutes a danger to self or danger to others, such person with an apparent mental condition shall be promptly taken into custody for the purpose of an emergency detention by any peace officer in the State without the necessity of a warrant. Any such observation shall be described in writing and shall include a description of the behavior and symptoms which led the peace officer or credentialed mental health screener or juvenile mental health screener to such conclusion. The documentation required herein shall set forth any known relationship between the person making the complaint and any other connection to the person with an apparent mental condition and, if known, the name of the nearest known relative. DEL CODE ANN. tit. 16 § 5004(b). An individual may be held on an emergency detention if it reasonably appears to a credentialed mental health screener … that the person is acting in a manner that appears to be dangerous to self or dangerous to others[.] DEL CODE ANN. tit. 16 § 5001(2). “Credentialed mental health screener” means an individual who is: a. A psychiatrist; or b. A licensed mental health professional who is credentialed by the Department to provide emergency screening services and evaluation of the need for involuntary observation and treatment for a mental condition; or c. An unlicensed mental health professional who works under the direct supervision of a psychiatrist and who is credentialed by the Department to provide emergency screening services and evaluation of the need for involuntary observation and treatment for a mental condition; or d. A physician with a valid State of Delaware license to practice medicine and who is credentialed by the Department to provide emergency screening services and evaluation of the need for involuntary observation and treatment for a mental condition; or e. A physician with a valid license to practice medicine who works in a United States Department of Veterans Affairs Medical Center, located in the State of Delaware, and who is credentialed by the Department to provide, for patients seen in the physician's employment by the United States Department of Veterans Affairs Medical Center, emergency screening services and evaluation of the need for involuntary observation and treatment for a mental condition.

DEL. CODE ANN. tit. 16 § 5008(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. DEL CODE ANN. tit. 16 § 5011(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: (i) dangerous to self; or (ii) 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. DEL CODE ANN. tit. 16 § 5001(3). "Dangerous to others" means that by reason of mental condition there is a substantial likelihood that the person will inflict serious bodily harm upon another person within the immediate future. This determination shall take into account a person's history, recent behavior and any recent act or threat. DEL CODE ANN. tit. 16 § 5001(4) “Dangerous to self" means that by reason of mental condition there is a substantial likelihood that the person will imminently sustain serious bodily harm to oneself. This determination shall take into account a person’s history, recent behavior, and any recent act or threat.

DEL CODE ANN. tit. 16 § 5013(a). A person shall be involuntarily committed by the court for outpatient treatment over objection only if all of the following criteria are satisfied by clear and convincing evidence: (1) The person is 18 years of age or older. (2) The person has a documented mental condition. (3) The person is reasonably expected to become dangerous to self or dangerous to others or otherwise unlikely to survive safely in the community without treatment for the person’s mental condition. (4) The person is currently refusing to voluntarily participate in the treatment plan recommended by the person’s mental health treatment provider or lacks the capacity to determine whether such treatment is necessary. (5) The person has a documented history of lack of adherence with recommended treatment for the mental condition, or poses an extreme threat of danger to self or danger to others based upon recent actions, that has either: (i) Resulted in a deterioration of functioning that was observed to be dangerous to the individual’s personal health and safety; or (ii) Resulted in a deterioration of functioning that was observed to be imminently dangerous to self or dangerous to others, including but not limited to suicidal ideation, violent threats, or violence towards others. (6) All less restrictive treatment options have been considered and have either been determined to be clinically inappropriate at this time or evidence is offered to show that the person is not likely to adhere to such options.