CHAPTER 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Subchapter I. General Provisions
§ 5101. Definitions.
As used in this title:
(1) "Department" or "Department of Mental Health" shall mean Department of Health and Social Services unless otherwise designated.
(2) "Hospital" and "mental hospital," as used in this chapter, shall mean the Delaware Psychiatric Center or such other 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 mentally ill persons 18 years of age or older. "Hospital" and "mental hospital"
shall also mean any hospital in this State which is certified by the Secretary of the Department of Services for Children,
Youth and Their Families as being an appropriate facility for the diagnosis, care and treatment of mentally ill persons under
18 years of age.
(3) The "State Board of Trustees of the Delaware Psychiatric Center" or "Board of Trustees" or "State Board" or "State Board
of Trustees" or "State Board of Trustees of the Hospital" or "Board of Trustees of the Hospital" or the "Board" or the "Board
of Trustees of the Department of Mental Health" shall mean the Department of Health and Social Services.
(4) "Superintendent," except in this chapter, or "Commissioner" or "Commissioner of the Department of Mental Health" or "Assistant
Superintendent" shall mean Secretary of the Department of Health and Social Services.
16 Del. C. 1953, § 5101; 54 Del. Laws, c. 279, § 2; 57 Del. Laws, c. 591, § 22; 66 Del. Laws, c. 424, § 5; 70 Del. Laws, c. 550, §§ 1, 5, 6.;
§ 5102. Authorization to receive federal fund; disposition.
The Department may apply for and receive such funds as may be made available from any agency of the federal government as
grants-in-aid of programs for mental health or for the mentally retarded. All moneys so received shall be paid into the State
Treasury and may be used only for the purposes for which they were granted.
16 Del. C. 1953, § 5104; 54 Del. Laws, c. 279, § 2; 64 Del. Laws, c. 108, § 25.;
The Department shall take, receive and hold for the State all properties previously held by the Board of Trustees of the Delaware
Psychiatric Center, including the property of the Delaware Psychiatric Center, the Governor Bacon Health Center at Delaware
City, the Stockley Center, the Day Care Center at Dover and the Mental Hygiene Clinic at Fernhook, together with all additions,
other buildings and lands at any time appurtenant thereto, as well as all funds, credits, rights, fixtures, equipment or supplies
heretofore belonging to the Board of Trustees of the Delaware Psychiatric Center. Additional property may not be purchased
and land, buildings or property may not be sold, except by authorization of the General Assembly.
16 Del. C. 1953, § 5105; 54 Del. Laws, c. 279, § 2; 70 Del. Laws, c. 550, § 1; 73 Del. Laws, c. 97, § 1.;
§ 5104. Donations of property; form of a devise or gift; the use of such property.
Any person may give, grant, devise or bequeath to the State any property, real, personal or mixed, for the use of the Department
or of any institution or agency operated by the Department, and the Department may receive, collect, take and hold, for the
use and benefit of the named Department, institution or agency, any and all property so given, granted, devised or bequeathed,
and shall manage and use the same for the benefit of the named Department or such institution or agency in accordance with
such grants, devises or bequests and with the laws creating and governing the Department and its institutions and agencies.
Nothing contained in this section shall be construed as authorizing or empowering the Department to hold in its name any real
estate for the use of the Department or any institution or agency thereof. The legal title to such real estate should be in
the name of the State.
16 Del. C. 1953, § 5106; 54 Del. Laws, c. 279, § 2.;
§ 5105. Accounting by Department.
The Department shall keep or have kept a full, true and accurate account of all moneys received by the various institutions
and agencies under their supervision, for the board, care and attention of the patients, commonly known as "pay patients,"
and all moneys received from any other source than the annual appropriation made to the institutions and agencies by the State.
All such moneys, except as excluded by subsection (a) of § 6102 of Title 29, shall be considered as revenue to the General
Fund of the State and shall be paid over to the State Treasurer on or before the tenth day of the month following the receipt
of all such moneys together with a full statement of the same.
16 Del. C. 1953, § 5107; 54 Del. Laws, c. 279, § 2; 55 Del. Laws, c. 186.;
§ 5106. Cost of maintaining Department, institutions and agencies.
The cost of maintenance of the Department and its divisions, institutions and agencies shall be borne by the State and shall
be paid for by the State Treasurer on orders or vouchers signed by the Secretary. The State Treasurer shall pay these vouchers
or orders with funds appropriated annually by the General Assembly for that purpose, based on a budget request made by the
Department. All accounts are to be audited according to state law.
16 Del. C. 1953, § 5108; 54 Del. Laws, c. 279, § 2; 57 Del. Laws, c. 591, § 23.;
§ 5107. Sale of products made in institutions.
The Department shall operate the various properties and shops connected with the institutions or agencies of the Department
for the benefit of the patients, shall sell any products resulting from such operations which are not needed by such institutions
or agencies and shall pay the net proceeds from such sales into the General Fund of the State.
16 Del. C. 1953, § 5109; 54 Del. Laws, c. 279, § 2.;
§ 5108. Operation of commissaries.
The Department shall operate commissaries in the various institutions for the benefit of patients.
16 Del. C. 1953, § 5110; 54 Del. Laws, c. 279, § 2.;
§ 5109. Secretary of the Department of Health and Social Services; duties; heads of institutions and agencies.
(a) The Secretary of the Department of Health and Social Services is responsible for the total adult mental health program
supported by the State, including inpatient, outpatient, day care and emergency services, public education and information
and the performance of such other duties as may be delegated to the Secretary.
(b) The Secretary shall organize a central office for the Department, comprising such assistants, consultants and stenographic
help as may be necessary to perform adequately the duties of the Department.
(c) The Secretary shall appoint a Director for the Delaware Psychiatric Center. The Director shall be qualified in the field
of mental health and have administrative experience. The Director shall be the chief administrative officer of the Center.
The Director shall have all the powers, duties and functions under this chapter heretofore vested in the Superintendent.
(d) The Secretary shall appoint an Executive Director for the Stockley Center. The Executive Director shall be qualified in
the field of mental retardation/developmental disabilities and have administrative experience. The Executive Director shall
be the chief administrative officer of the center.
(e) The Secretary shall appoint a Superintendent of the Governor Bacon Health Center. The Superintendent shall be qualified
in the field of child and adolescent psychiatry or psychology, and have administrative experience. The Superintendent shall
be the chief administrative officer of the center.
(f) The Secretary shall appoint a Director of Community Mental Retardation Programs, who shall have appropriate educational
training and experience in mental retardation and program administration. This Director shall be the chief administrative
officer of all community mental retardation programs of the Department.
(g) The Secretary may delegate to the chief administrative officer of each institution and agency the authority to hire such
personnel as may be necessary for the proper operation of the institution or agency within budgetary limits.
(h) The employment of any superintendent, director or other employee of the Department may be terminated by the Secretary
at any time or in any manner, provided that such termination does not violate the legal rights of the employee in question
and provided it does not conflict with any directive or procedure prescribed by the Department.
(i) An annual report shall be prepared in each institution and agency not later than 4 months after the close of the fiscal
year, to be presented to the Governor, members of the General Assembly, the Legislative Council, members of the executive
branch of the state government and copies shall be made available to the press and public and private agencies.
(j) In July of each year, the chief administrative officer of each institution and agency shall submit to the Secretary a
budget request for the next fiscal year. The Secretary shall review the combined budgets of the Department and submit them
to the Director of the Budget.
16 Del. C. 1953, § 5111; 54 Del. Laws, c. 279, § 2; 57 Del. Laws, c. 243; 58 Del. Laws, c. 124; 59 Del. Laws, c. 253, § 4; 62 Del. Laws, c. 209, § 1; 64 Del. Laws, c. 108, § 26; 70 Del. Laws, c. 550, § 7; 75 Del. Laws, c. 285, § 3.;
CHAPTER 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Subchapter I. General Provisions
§ 5101. Definitions.
As used in this title:
(1) "Department" or "Department of Mental Health" shall mean Department of Health and Social Services unless otherwise designated.
(2) "Hospital" and "mental hospital," as used in this chapter, shall mean the Delaware Psychiatric Center or such other 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 mentally ill persons 18 years of age or older. "Hospital" and "mental hospital"
shall also mean any hospital in this State which is certified by the Secretary of the Department of Services for Children,
Youth and Their Families as being an appropriate facility for the diagnosis, care and treatment of mentally ill persons under
18 years of age.
(3) The "State Board of Trustees of the Delaware Psychiatric Center" or "Board of Trustees" or "State Board" or "State Board
of Trustees" or "State Board of Trustees of the Hospital" or "Board of Trustees of the Hospital" or the "Board" or the "Board
of Trustees of the Department of Mental Health" shall mean the Department of Health and Social Services.
(4) "Superintendent," except in this chapter, or "Commissioner" or "Commissioner of the Department of Mental Health" or "Assistant
Superintendent" shall mean Secretary of the Department of Health and Social Services.
16 Del. C. 1953, § 5101; 54 Del. Laws, c. 279, § 2; 57 Del. Laws, c. 591, § 22; 66 Del. Laws, c. 424, § 5; 70 Del. Laws, c. 550, §§ 1, 5, 6.;
§ 5102. Authorization to receive federal fund; disposition.
The Department may apply for and receive such funds as may be made available from any agency of the federal government as
grants-in-aid of programs for mental health or for the mentally retarded. All moneys so received shall be paid into the State
Treasury and may be used only for the purposes for which they were granted.
16 Del. C. 1953, § 5104; 54 Del. Laws, c. 279, § 2; 64 Del. Laws, c. 108, § 25.;
The Department shall take, receive and hold for the State all properties previously held by the Board of Trustees of the Delaware
Psychiatric Center, including the property of the Delaware Psychiatric Center, the Governor Bacon Health Center at Delaware
City, the Stockley Center, the Day Care Center at Dover and the Mental Hygiene Clinic at Fernhook, together with all additions,
other buildings and lands at any time appurtenant thereto, as well as all funds, credits, rights, fixtures, equipment or supplies
heretofore belonging to the Board of Trustees of the Delaware Psychiatric Center. Additional property may not be purchased
and land, buildings or property may not be sold, except by authorization of the General Assembly.
16 Del. C. 1953, § 5105; 54 Del. Laws, c. 279, § 2; 70 Del. Laws, c. 550, § 1; 73 Del. Laws, c. 97, § 1.;
§ 5104. Donations of property; form of a devise or gift; the use of such property.
Any person may give, grant, devise or bequeath to the State any property, real, personal or mixed, for the use of the Department
or of any institution or agency operated by the Department, and the Department may receive, collect, take and hold, for the
use and benefit of the named Department, institution or agency, any and all property so given, granted, devised or bequeathed,
and shall manage and use the same for the benefit of the named Department or such institution or agency in accordance with
such grants, devises or bequests and with the laws creating and governing the Department and its institutions and agencies.
Nothing contained in this section shall be construed as authorizing or empowering the Department to hold in its name any real
estate for the use of the Department or any institution or agency thereof. The legal title to such real estate should be in
the name of the State.
16 Del. C. 1953, § 5106; 54 Del. Laws, c. 279, § 2.;
§ 5105. Accounting by Department.
The Department shall keep or have kept a full, true and accurate account of all moneys received by the various institutions
and agencies under their supervision, for the board, care and attention of the patients, commonly known as "pay patients,"
and all moneys received from any other source than the annual appropriation made to the institutions and agencies by the State.
All such moneys, except as excluded by subsection (a) of § 6102 of Title 29, shall be considered as revenue to the General
Fund of the State and shall be paid over to the State Treasurer on or before the tenth day of the month following the receipt
of all such moneys together with a full statement of the same.
16 Del. C. 1953, § 5107; 54 Del. Laws, c. 279, § 2; 55 Del. Laws, c. 186.;
§ 5106. Cost of maintaining Department, institutions and agencies.
The cost of maintenance of the Department and its divisions, institutions and agencies shall be borne by the State and shall
be paid for by the State Treasurer on orders or vouchers signed by the Secretary. The State Treasurer shall pay these vouchers
or orders with funds appropriated annually by the General Assembly for that purpose, based on a budget request made by the
Department. All accounts are to be audited according to state law.
16 Del. C. 1953, § 5108; 54 Del. Laws, c. 279, § 2; 57 Del. Laws, c. 591, § 23.;
§ 5107. Sale of products made in institutions.
The Department shall operate the various properties and shops connected with the institutions or agencies of the Department
for the benefit of the patients, shall sell any products resulting from such operations which are not needed by such institutions
or agencies and shall pay the net proceeds from such sales into the General Fund of the State.
16 Del. C. 1953, § 5109; 54 Del. Laws, c. 279, § 2.;
§ 5108. Operation of commissaries.
The Department shall operate commissaries in the various institutions for the benefit of patients.
16 Del. C. 1953, § 5110; 54 Del. Laws, c. 279, § 2.;
§ 5109. Secretary of the Department of Health and Social Services; duties; heads of institutions and agencies.
(a) The Secretary of the Department of Health and Social Services is responsible for the total adult mental health program
supported by the State, including inpatient, outpatient, day care and emergency services, public education and information
and the performance of such other duties as may be delegated to the Secretary.
(b) The Secretary shall organize a central office for the Department, comprising such assistants, consultants and stenographic
help as may be necessary to perform adequately the duties of the Department.
(c) The Secretary shall appoint a Director for the Delaware Psychiatric Center. The Director shall be qualified in the field
of mental health and have administrative experience. The Director shall be the chief administrative officer of the Center.
The Director shall have all the powers, duties and functions under this chapter heretofore vested in the Superintendent.
(d) The Secretary shall appoint an Executive Director for the Stockley Center. The Executive Director shall be qualified in
the field of mental retardation/developmental disabilities and have administrative experience. The Executive Director shall
be the chief administrative officer of the center.
(e) The Secretary shall appoint a Superintendent of the Governor Bacon Health Center. The Superintendent shall be qualified
in the field of child and adolescent psychiatry or psychology, and have administrative experience. The Superintendent shall
be the chief administrative officer of the center.
(f) The Secretary shall appoint a Director of Community Mental Retardation Programs, who shall have appropriate educational
training and experience in mental retardation and program administration. This Director shall be the chief administrative
officer of all community mental retardation programs of the Department.
(g) The Secretary may delegate to the chief administrative officer of each institution and agency the authority to hire such
personnel as may be necessary for the proper operation of the institution or agency within budgetary limits.
(h) The employment of any superintendent, director or other employee of the Department may be terminated by the Secretary
at any time or in any manner, provided that such termination does not violate the legal rights of the employee in question
and provided it does not conflict with any directive or procedure prescribed by the Department.
(i) An annual report shall be prepared in each institution and agency not later than 4 months after the close of the fiscal
year, to be presented to the Governor, members of the General Assembly, the Legislative Council, members of the executive
branch of the state government and copies shall be made available to the press and public and private agencies.
(j) In July of each year, the chief administrative officer of each institution and agency shall submit to the Secretary a
budget request for the next fiscal year. The Secretary shall review the combined budgets of the Department and submit them
to the Director of the Budget.
16 Del. C. 1953, § 5111; 54 Del. Laws, c. 279, § 2; 57 Del. Laws, c. 243; 58 Del. Laws, c. 124; 59 Del. Laws, c. 253, § 4; 62 Del. Laws, c. 209, § 1; 64 Del. Laws, c. 108, § 26; 70 Del. Laws, c. 550, § 7; 75 Del. Laws, c. 285, § 3.;
CHAPTER 51. THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Subchapter I. General Provisions
§ 5101. Definitions.
As used in this title:
(1) "Department" or "Department of Mental Health" shall mean Department of Health and Social Services unless otherwise designated.
(2) "Hospital" and "mental hospital," as used in this chapter, shall mean the Delaware Psychiatric Center or such other 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 mentally ill persons 18 years of age or older. "Hospital" and "mental hospital"
shall also mean any hospital in this State which is certified by the Secretary of the Department of Services for Children,
Youth and Their Families as being an appropriate facility for the diagnosis, care and treatment of mentally ill persons under
18 years of age.
(3) The "State Board of Trustees of the Delaware Psychiatric Center" or "Board of Trustees" or "State Board" or "State Board
of Trustees" or "State Board of Trustees of the Hospital" or "Board of Trustees of the Hospital" or the "Board" or the "Board
of Trustees of the Department of Mental Health" shall mean the Department of Health and Social Services.
(4) "Superintendent," except in this chapter, or "Commissioner" or "Commissioner of the Department of Mental Health" or "Assistant
Superintendent" shall mean Secretary of the Department of Health and Social Services.
16 Del. C. 1953, § 5101; 54 Del. Laws, c. 279, § 2; 57 Del. Laws, c. 591, § 22; 66 Del. Laws, c. 424, § 5; 70 Del. Laws, c. 550, §§ 1, 5, 6.;
§ 5102. Authorization to receive federal fund; disposition.
The Department may apply for and receive such funds as may be made available from any agency of the federal government as
grants-in-aid of programs for mental health or for the mentally retarded. All moneys so received shall be paid into the State
Treasury and may be used only for the purposes for which they were granted.
16 Del. C. 1953, § 5104; 54 Del. Laws, c. 279, § 2; 64 Del. Laws, c. 108, § 25.;
The Department shall take, receive and hold for the State all properties previously held by the Board of Trustees of the Delaware
Psychiatric Center, including the property of the Delaware Psychiatric Center, the Governor Bacon Health Center at Delaware
City, the Stockley Center, the Day Care Center at Dover and the Mental Hygiene Clinic at Fernhook, together with all additions,
other buildings and lands at any time appurtenant thereto, as well as all funds, credits, rights, fixtures, equipment or supplies
heretofore belonging to the Board of Trustees of the Delaware Psychiatric Center. Additional property may not be purchased
and land, buildings or property may not be sold, except by authorization of the General Assembly.
16 Del. C. 1953, § 5105; 54 Del. Laws, c. 279, § 2; 70 Del. Laws, c. 550, § 1; 73 Del. Laws, c. 97, § 1.;
§ 5104. Donations of property; form of a devise or gift; the use of such property.
Any person may give, grant, devise or bequeath to the State any property, real, personal or mixed, for the use of the Department
or of any institution or agency operated by the Department, and the Department may receive, collect, take and hold, for the
use and benefit of the named Department, institution or agency, any and all property so given, granted, devised or bequeathed,
and shall manage and use the same for the benefit of the named Department or such institution or agency in accordance with
such grants, devises or bequests and with the laws creating and governing the Department and its institutions and agencies.
Nothing contained in this section shall be construed as authorizing or empowering the Department to hold in its name any real
estate for the use of the Department or any institution or agency thereof. The legal title to such real estate should be in
the name of the State.
16 Del. C. 1953, § 5106; 54 Del. Laws, c. 279, § 2.;
§ 5105. Accounting by Department.
The Department shall keep or have kept a full, true and accurate account of all moneys received by the various institutions
and agencies under their supervision, for the board, care and attention of the patients, commonly known as "pay patients,"
and all moneys received from any other source than the annual appropriation made to the institutions and agencies by the State.
All such moneys, except as excluded by subsection (a) of § 6102 of Title 29, shall be considered as revenue to the General
Fund of the State and shall be paid over to the State Treasurer on or before the tenth day of the month following the receipt
of all such moneys together with a full statement of the same.
16 Del. C. 1953, § 5107; 54 Del. Laws, c. 279, § 2; 55 Del. Laws, c. 186.;
§ 5106. Cost of maintaining Department, institutions and agencies.
The cost of maintenance of the Department and its divisions, institutions and agencies shall be borne by the State and shall
be paid for by the State Treasurer on orders or vouchers signed by the Secretary. The State Treasurer shall pay these vouchers
or orders with funds appropriated annually by the General Assembly for that purpose, based on a budget request made by the
Department. All accounts are to be audited according to state law.
16 Del. C. 1953, § 5108; 54 Del. Laws, c. 279, § 2; 57 Del. Laws, c. 591, § 23.;
§ 5107. Sale of products made in institutions.
The Department shall operate the various properties and shops connected with the institutions or agencies of the Department
for the benefit of the patients, shall sell any products resulting from such operations which are not needed by such institutions
or agencies and shall pay the net proceeds from such sales into the General Fund of the State.
16 Del. C. 1953, § 5109; 54 Del. Laws, c. 279, § 2.;
§ 5108. Operation of commissaries.
The Department shall operate commissaries in the various institutions for the benefit of patients.
16 Del. C. 1953, § 5110; 54 Del. Laws, c. 279, § 2.;
§ 5109. Secretary of the Department of Health and Social Services; duties; heads of institutions and agencies.
(a) The Secretary of the Department of Health and Social Services is responsible for the total adult mental health program
supported by the State, including inpatient, outpatient, day care and emergency services, public education and information
and the performance of such other duties as may be delegated to the Secretary.
(b) The Secretary shall organize a central office for the Department, comprising such assistants, consultants and stenographic
help as may be necessary to perform adequately the duties of the Department.
(c) The Secretary shall appoint a Director for the Delaware Psychiatric Center. The Director shall be qualified in the field
of mental health and have administrative experience. The Director shall be the chief administrative officer of the Center.
The Director shall have all the powers, duties and functions under this chapter heretofore vested in the Superintendent.
(d) The Secretary shall appoint an Executive Director for the Stockley Center. The Executive Director shall be qualified in
the field of mental retardation/developmental disabilities and have administrative experience. The Executive Director shall
be the chief administrative officer of the center.
(e) The Secretary shall appoint a Superintendent of the Governor Bacon Health Center. The Superintendent shall be qualified
in the field of child and adolescent psychiatry or psychology, and have administrative experience. The Superintendent shall
be the chief administrative officer of the center.
(f) The Secretary shall appoint a Director of Community Mental Retardation Programs, who shall have appropriate educational
training and experience in mental retardation and program administration. This Director shall be the chief administrative
officer of all community mental retardation programs of the Department.
(g) The Secretary may delegate to the chief administrative officer of each institution and agency the authority to hire such
personnel as may be necessary for the proper operation of the institution or agency within budgetary limits.
(h) The employment of any superintendent, director or other employee of the Department may be terminated by the Secretary
at any time or in any manner, provided that such termination does not violate the legal rights of the employee in question
and provided it does not conflict with any directive or procedure prescribed by the Department.
(i) An annual report shall be prepared in each institution and agency not later than 4 months after the close of the fiscal
year, to be presented to the Governor, members of the General Assembly, the Legislative Council, members of the executive
branch of the state government and copies shall be made available to the press and public and private agencies.
(j) In July of each year, the chief administrative officer of each institution and agency shall submit to the Secretary a
budget request for the next fiscal year. The Secretary shall review the combined budgets of the Department and submit them
to the Director of the Budget.
16 Del. C. 1953, § 5111; 54 Del. Laws, c. 279, § 2; 57 Del. Laws, c. 243; 58 Del. Laws, c. 124; 59 Del. Laws, c. 253, § 4; 62 Del. Laws, c. 209, § 1; 64 Del. Laws, c. 108, § 26; 70 Del. Laws, c. 550, § 7; 75 Del. Laws, c. 285, § 3.;
