Notwithstanding the pendency of the action or any order previously entered by the court, if at any time after the complaint is filed the hospital determines that the involuntary patient no longer meets the criteria for provisional admission or involuntary inpatient commitment, the hospital shall so certify in writing and immediately discharge the person and advise the court of its determination and the discharge. Upon receipt of such certification, the court shall dismiss the action. A person involuntarily hospitalized pursuant to the emergency detention, provisional admission or involuntary commitment sections of this chapter may be discharged pursuant to this section without further order of the court.
Structure Delaware Code
Chapter 50. INVOLUNTARY COMMITMENT OF PERSONS WITH MENTAL CONDITIONS; DISCHARGE; PROCEDURE
§ 5003. Voluntary admission procedure.
§ 5004. Emergency detention of a person with a mental condition; justification; procedure.
§ 5005. Provisional hospitalization by psychiatrist's certification.
§ 5006. Duties of hospital upon provisional admission.
§ 5007. Procedural rights of involuntary patients.
§ 5008. Probable cause complaint.
§ 5009. Probable cause hearing.
§ 5010. Discharge by the hospital.
§ 5011. Involuntary inpatient commitment hearing and procedure.
§ 5012. Waiver of rights; voluntary hospitalization.
§ 5013. Involuntary outpatient treatment over objection.
§ 5014. Appeal; habeas corpus; rules of procedure.
§ 5016. Payment of transportation and medical costs.
§ 5018. Discharge of patients from hospitals.
§ 5019. Liability for maintenance of patient; collection remedies.
§ 5020. Expenses of examination and removal of indigent patients.
§ 5021. Veterans Administration hospitals.
§ 5022. Return of patients; order; notice; custody.
§ 5023. Unwarranted hospitalization in Delaware Psychiatric Center or denial of rights; penalties.