Delaware General Assembly

CHAPTER 172.

DELAWARE COMMISSION FOR THE FEEBLE MINDED.

AN ACT to establish a Home for the care and training of the feeble minded of Delaware, and providing for the legal commitment of feeble minded persons and for other purposes.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That there shall be established in this State a home for the care and training of feeble-minded persons.

Section 2. The Governor shall appoint a commission, to be known as "DELAWARE COMMISSION FOR THE FEEBLE MINDED," consisting of nine persons, three of whom may be women. Two of the members of said commission shall be selected from each county of the State, and the remaining three shall be selected at large from the State, and, in appointing said commission, the Governor shall divide the members thereof as nearly as practicable between the two chief political parties. The members of said commission shall be appointed for a term of four years, and all vacancies occurring shall be filled by the Governor for the unexpired term. The members of the commission, so appointed, shall receive no salary, but shall be allowed their actual expenses in attending the meetings of the commission.

Section 3. The commission shall organize by the selection from its members of a Chairman, a Secretary, a Treasurer, and such other officers, as may be deemed desirable and necessary.

Section 4. The said commission is hereby authorized and directed to select and purchase, or otherwise acquire, a suitable location for the establishment of the home, hereinbefore provided for, and to provide for, and supervise, the erection of necessary buildings thereon, and to employ and appoint a Superintendent, who shall be experienced in the care and training of feeble-minded persons. The Superintendent shall have authority, subject to the general supervision of the commission, to make all necessary rules and regulations for the government and management of said home.

Section 5. The title to any property, acquired by said commission, either real or personal, shall be taken and held in the name of "THE STATE OF DELAWARE."

Section 6. That there is hereby appropriated the sum of Ten Thousand Dollars, out of the State Treasury, for the purchase of the necessary land for said home, for the erection and equipment of suitable and necessary buildings thereon, and for expenses, incident to the operation and maintenance thereof.

The said sum of Ten Thousand Dollars, or so much thereof, as may be required, shall be paid by the State Treasurer, upon warrants drawn upon him, signed by the Chairman of said commission, and countersigned by the Treasurer thereof. Any warrant, drawn on the State Treasurer, shall be accompanied by the accounts to which the money is to be applied, and it shall be the duty of the State Auditor to examine and audit any such amounts.

Section 7. The said commission shall have power to make rules, regulating the admission to said home for the feeble-minded, not inconsistent with the provisions of this Act.

Section 8. Whenever any person, arrested in this State, shall be supposed to be feeble-minded, any relative of such person, or any reputable citizen of the State, at any time before the final disposition of the case, may present to the Court of General Sessions of the County, wherein said person was arrested, or to the resident Judge thereof in vacation, or to the Juvenile Court of the City of Wilmington, a petition setting forth that such person is feeble-minded, and praying for the issuance of a rule to show cause why such person should not be committed to the custody of DELAWARE COMMISSION FOR THE FEEBLE MINDED. The petition shall be verified, by affidavit, which shall be sufficient if it states that it is based upon information and belief. Upon the filing of the petition, a rule shall be issued against the person, so arrested, and against the parent or parents, guardian or other custodian of such person, returnable at such time, not exceeding fifteen days thereafter, as shall be fixed by the Court, or Judge. Upon the return of the rule, the Court or Judge shall hear the witnesses in support of the rule, one of whom shall be a psychologist, or an expert on the subject of feeble-mindedness, and shall, also, hear any witnesses in opposition to said rule, and if it shall appear to the satisfaction of the Court or Judge that the person so arrested is feeble-minded, and that it would be for the best interests of such feeble-minded person, or of the community at large, the Court or Judge may direct that such feeble-minded person be committed to the custody of DELAWARE COMMISSION FOR THE FEEBLE MINDED until the further order of the Court, or Judge.

Section 9. Whenever any person shall be supposed to be feeble-minded, and, when by reason of such mental condition, or of existing social conditions, it would be detrimental to any community of this State to allow such person to remain at large, any relative of such person, or any reputable citizen of the State may present to the resident Judge of the County, wherein such person resides, a petition, setting forth that such person is feeble-minded, and setting forth the reasons why it would be detrimental to the community for such person to remain at large, and praying for the issuance of a rule to show cause why such person should not be committed to the custody of DELAWARE COMMISSION FOR THE FEEBLE MINDED. The petition shall be verified, by affidavit, which shall be sufficient if it states that it is based upon information and belief. Upon the filing of the petition, a rule shall be issued against the person, so arrested, and against the parent or parents, guardian or other custodian of such person, returnable at such time, not exceeding fifteen days thereafter, as shall be fixed by the Judge. Upon the return of the rule, the Judge shall hear the witnesses in support of the rule, one of whom shall be a psychologist, or an expert on the subject of feeble-mindedness, and shall, also, hear any witnesses in opposition to said rule, and if it shall appear to the satisfaction of the Judge that such person is feeble-minded, and that it would be detrimental to the community for such person to remain at large, the judge may direct that such feeble-minded person be committed to the custody of DELAWARE COMMISSION FOR THE FEEBLE MINDED until the further order of the said Judge.

Section 10. The said commission shall have power and authority to enter into agreement with the parent or parents, guardian or custodian of any feeble-minded person for the committing of such person to the custody of said DELAWARE COMMISSION FOR THE FEEBLE MINDED, and in such case, the commission may require such parent or parents, guardian or custodian, being financially able so to do, to pay for the custody, care and training of such feebleminded person, not exceeding the actual costs thereof.

Section 11. All acts, or parts of acts, inconsistent with the provisions of this Act, are hereby repealed.

Approved March 21, A. D. 1917.