Terms Used In Delaware Code > Title 16 > Chapter 50 - Involuntary Commitment of Persons With Mental Conditions; Discharge; Procedure

• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Arrest: Taking physical custody of a person by lawful authority.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• controlling person: includes the following:

  1. See Delaware Code Title 16 Sec. 1102

• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means the Superior Court or the Family Court of the State, both of which courts shall have jurisdiction and responsibility for the implementation of this chapter. See Delaware Code Title 16 Sec. 5001
• Credentialed mental health screener: means an individual who is:

  a. See Delaware Code Title 16 Sec. 5001

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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. See Delaware Code Title 16 Sec. 5001
• 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. See Delaware Code Title 16 Sec. 5001
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1102
• Department: means the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 5001
• Designated psychiatric treatment facilities: means all facilities designated by the Secretary to provide psychiatric emergency care for individuals believed to have a mental condition and whose behavior is believed to be dangerous to self or dangerous to others; such facilities include psychiatric hospitals operated by the State of Delaware, privately operated psychiatric hospitals, any psychiatric emergency receiving facilities that provide mental health screenings, evaluations, treatment, and referral services, or other facilities as may be designated by the Department by regulation. See Delaware Code Title 16 Sec. 5001
• Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: shall mean the Division of Health Care Quality;

  (4) a. See Delaware Code Title 16 Sec. 1102

• Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
• 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. See Delaware Code Title 16 Sec. 5001
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hospital: means the Delaware Psychiatric Center and any hospital in this State which is certified by the Secretary of the Department of Health and Social Services as being an appropriate facility for the diagnosis, care and treatment of persons with mental conditions 18 years of age or older. See Delaware Code Title 16 Sec. 5001
• Involuntary patient: means a person admitted pursuant to emergency detention, provisional admission, a complaint for involuntary civil commitment, a probable cause hearing or an involuntary inpatient commitment hearing to the custody of a designated psychiatric treatment facility or hospital for observation, diagnosis, care and treatment. See Delaware Code Title 16 Sec. 5001
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Juvenile mental health screener: means a person authorized by the Department of Services for Children, Youth and Their Families to assess individuals under the age of 18 for emergency detention. See Delaware Code Title 16 Sec. 5001
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Licensed independent practitioner: means employees of designated psychiatric treatment facilities, in addition to psychiatrists, who hold credentials and privileges to admit persons into care and write orders to treat said persons in that facility. See Delaware Code Title 16 Sec. 5001
• Long-term care facility: includes all of the following:

  1. See Delaware Code Title 16 Sec. 1102

• Mental condition: means a current, substantial disturbance of thought, mood, perception or orientation which significantly impairs judgment, capacity to control behavior, or capacity to recognize reality. See Delaware Code Title 16 Sec. 5001
• Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
• nursing home: means a residential facility that provides services to residents including resident beds, continuous nursing services, and health and treatment services for individuals who do not currently require continuous hospital care and that provides care in accordance with a physician's order and requires the supervision of a registered nurse (RN). See Delaware Code Title 16 Sec. 1102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: means any public officer authorized by law to make arrests in a criminal case. See Delaware Code Title 16 Sec. 5001
• Person: means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, or any other legal entity, and includes a legal successor of those entities. See Delaware Code Title 16 Sec. 1102
• Person with a mental condition: includes every person with an emotional or psychiatric disorder or disability. See Delaware Code Title 1 Sec. 302
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Protection and advocacy agency: means the Community Legal Aid Society, Inc. See Delaware Code Title 16 Sec. 1102
• Psychiatrist: means an individual who possesses a valid State of Delaware license to practice medicine and has completed an accredited residency training program in psychiatry. See Delaware Code Title 16 Sec. 5001
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Resident: means an individual, whether identified as a patient, guest, or other designation, residing and receiving services in a long-term care facility. See Delaware Code Title 16 Sec. 1102
• Secretary: means the Secretary of the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 5001
• Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
• Serious bodily harm: means physical injury which creates a substantial risk of death, significant and prolonged disfigurement, significant impairment of health, or significant impairment of the function of any bodily organ. See Delaware Code Title 16 Sec. 5001
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State Civil Penalty Trust Fund: means a fund maintained by the Department to which civil money penalties imposed for violations of state statute or regulation are to be remitted. See Delaware Code Title 16 Sec. 1102
• Statute: A law passed by a legislature.
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Voluntary patient: means a person who voluntarily seeks treatment at, and is admitted to, a designated psychiatric treatment facility or hospital for inpatient treatment of a mental condition. See Delaware Code Title 16 Sec. 5001
• Voluntary treatment: means a person voluntarily taking medications as prescribed and following the recommendations of the attending physician or the Division for the management of tuberculosis. See Delaware Code Title 16 Sec. 520
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.