Delaware Code Title 16 Sec. 5022 – Return of patients; order; notice; custody
(a) If an inpatient of a state-operated hospital escapes or is on unauthorized leave, its director may issue an order for the patient’s immediate rehospitalization. The director or the director’s designee may notify such patient of the existence of a rehospitalization order by any reasonable means of communication open to the director. Such an order, irrespective of the patient’s actual receipt, shall authorize any peace officer to take the patient into custody for rehospitalization.
Terms Used In Delaware Code Title 16 Sec. 5022
- 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
- Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
- 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
- Peace officer: means any public officer authorized by law to make arrests in a criminal case. See Delaware Code Title 16 Sec. 5001
(b) If an involuntarily committed inpatient or a person detained involuntarily under this chapter from a nonstate-operated hospital certified under § 5026 of this title escapes or is on unauthorized leave, that hospital’s director shall immediately notify the Director of the Division of Substance Abuse and Mental Health or the Director’s designee if the patient is 18 years of age or older or the Division of Prevention and Behavioral Health Services if the patient is under 18 years of age. Upon receipt of such notification, the Division Director or the Director’s designee may issue notice and a rehospitalization order in conformity with subsection (a) of this section. Such an order, irrespective of the patient’s actual receipt, shall authorize any peace officer to take the patient into custody for rehospitalization.