CHAPTER 243
DELAWARE STATE HOSPITAL
AN ACT to amend Section 6 of Article 1, Chapter 76 of the Revised Code of Delaware relating to admissions to the Delaware State Hospital at Farnhurst.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Section 2598 of the Revised Code of Delaware, being Section 6 of Article 1 of Chapter 76 of the Revised Code of Delaware, be and the same is hereby amended by striking out all of said Section and inserting in lieu thereof the following:
2598 Section 6. Insane Persons; How Admitted: No person shall be received as a patient for permanent detention in the Delaware State Hospital at Farnhurst, except as follows: a certificate shall be made and signed by at least two physicians, residents of this State, who have been actively engaged in the practice of medicine for at least five years theretofore and who shall be residents of the same State and County as the alleged insane person, which said certificate shall be filed with the Superintendent of said Hospital. Said certificate shall be made within one week after the examination of such person and within two weeks of the time of the filing of the same with the said superintendent. Such certificate shall be signed by said physicians, who shall also make affidavit to the truth of the facts and statements therein contained, which affidavit may be made before any officer authorized to administer oaths within the State of Delaware.
Upon the filing of such application it shall be the duty of the Psychiatric Observation Clinic of The Delaware State Hospital to observe and study the person mentioned in said certificate and report its findings to the State Board of Trustees of the said Hospital. If the report of the said Clinic shall be that the said supposed insane person should be admitted to The said Hospital because of mental disease, the said State Board of Trustees are hereby authorized, empowered and directed to summon a jury of six responsible persons to determine whether such person is suffering from mental disease and should be admitted to the said Hospital, if such jury shall be requested by any person related or connected with such supposed insane person by blood or marriage.
If such jury shall not be requested, the State Board of Trustees shall appoint a commission consisting of two qualified and licensed physicians, who shall determine whether such supposed insane person is suffering from mental disease and should be admitted into said State Hospital. The said Jury or the said Commission, as the case may be, shall report their findings to the said State Board of Trustees and if the report shall be that such supposed insane person is suffering from mental disease and should be admitted into said hospital, such report shall be sufficient for the commitment of such person, subject to the right of appeal hereinafter provided. No investigation by the said Jury or Commission shall be had except in the presence of the said supposed insane person and the said jury or commission shall have power to take testimony and administer oaths.
The said supposed insane person or any person related to or connected with him by blood or marriage, shall have the right of an appeal from the findings of said jury or commission to the Chancellor of the State of Delaware within ten days from the filing of the report of such jury or commission with the said State Board of Trustees. The members of said jury or commission shall receive such compensation as shall be fixed by general rule by the said State Board of Trustees. This Section shall not apply to or be construed to embrace commitments to said hospital made by any Court of this State, as provided by Law.
Approved April 8, 1929.