An involuntary patient is entitled to change that patient's own status to that of a voluntary patient if a member of the staff of the facility certifies that:
(1) The patient is reasonably capable of understanding the nature of the decision to change status; and
(2) Such a change is in the patient's best interest. If such a change in status is challenged within 2 days by the patient's next of kin or legal representative, the court will schedule a hearing to finally determine the matter.
Structure Delaware Code
Chapter 22. SUBSTANCE ABUSE TREATMENT ACT
§ 2201. Declaration of policy.
§ 2202. Establishment of Office.
§ 2206. Residential and nonresidential facilities.
§ 2207. Standards for public and private treatment facilities.
§ 2208. Licensing of treatment facility; regulations.
§ 2209. Violation of licensing requirement; injunction.
§ 2210. Voluntary treatment for substance abuse.
§ 2211. Involuntary treatment.
§ 2212. Commitment; judicial proceedings.
§ 2213. Limitation on involuntary treatment.
§ 2214. Hearing on petition; notice; decision; review.
§ 2215. Procedural rights of involuntary patients.
§ 2216. Discharge by the facility.
§ 2217. Changing to voluntary status.
§ 2219. Appeal; rules of procedure.
§ 2222. Immunity, limitation of liability.