Delaware Code
Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE
§ 5007. Procedural rights of involuntary patients.

When a designated treatment facility, hospital or outpatient treatment provider seeks to require an individual to be involuntarily hospitalized pursuant to a probable cause hearing or an involuntary inpatient commitment hearing, or seeks to have the individual placed on involuntary outpatient treatment over objection, or engage in a specific mode of treatment without the individual's consent, the individual shall be entitled:

(1) To notice, including a written statement, of the factual grounds upon which the proposed hospitalization, outpatient treatment over objection, or treatment without consent is predicated and the reasons for the necessity of such course of action.
(2) To hearings before the court and to judicial determinations of whether or not the individual satisfies the requirements for a probable cause hearing, involuntary inpatient commitment, outpatient treatment over objection, or treatment without consent pursuant to the criteria set out in the relevant sections of this chapter. Such hearings shall be without jury and not open to the public, shall be preceded by written notice to the individual, and the individual shall be entitled to be present at all such hearings.
(3) To be represented by counsel at all judicial proceedings, such counsel to be court-appointed if the individual cannot afford to retain counsel; and to be examined by an independent psychiatrist or other qualified medical expert and to have such psychiatrist or other expert testify as a witness on the individual's behalf, such witness to be court appointed if the involuntary patient cannot afford to retain such witness.
(4) To conduct discovery, to summon and cross-examine witnesses, to present evidence on the person's own behalf and to avail the individual's own self of all other procedural rights afforded litigants in civil causes. The privilege against self-incrimination shall be applicable to all proceedings under this chapter.
(5) To have a full record made of the proceedings, including findings adequate for review. All records and pleadings shall remain confidential unless the court for good cause orders otherwise.
(6) To be notified in writing of the right to appeal a decision made by the court pursuant to § 5014 of this title.

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