Delaware Code
Subchapter I. Establishment and Organization of Department
§ 7909. Behavioral Health Planning and Advisory Council.

(a) The Advisory Council to the Division of Substance Abuse and Mental Health is hereby dissolved and reestablished as the Behavioral Health Planning and Advisory Council (“Council”) to assume the functions of the Advisory Council to the Division of Substance Abuse and Mental Health and to administer and implement this chapter, and to perform such other responsibilities as may be entrusted to it by law.
(b) The Council shall do all of the following:

(1) Review plans provided by the Division pursuant to Title XIX of the Public Health Service Act (42 U.S.C. § 300x-4(a)) to the Council and submit to the Division any recommendations of the Council for modifications to the plans.
(2) Serve as an advocate for adults and children with serious mental illness, children with a severe emotional disturbance, and other individuals with mental illnesses or emotional problems.
(3) Monitor, review, and evaluate, not less than once each year, the allocation and adequacy of mental health services within the State.
(c) The Council may study, research, plan, and advise the Governor, General Assembly, Secretary, and Director on matters related to behavioral health as it deems appropriate.
(d) The Council shall be comprised of 17 members as follows:

(1) The following individuals serve by virtue of position who may appoint a designee:

a. Director of the Division of Substance Abuse and Mental Health.
b. Secretary of the Department of Education.
c. Director of the Division of Vocational Rehabilitation.
d. Secretary of the Department of Safety and Homeland Security.
e. Director of the Delaware State Housing Authority.
f. Director of the Division of Social Services.
g. Director of the Division of Prevention and Behavioral Health Services.
(2) The following shall be appointed by the Governor:

a. A licensed medical provider of mental health services.
b. 9 individuals who are not employees of the State or providers of mental health care, as follows:

1. Two individuals with severe mental illness who are receiving, or have received, mental health services.
2. Two individuals with a substance use disorder who are receiving, or have received, mental health services.
3. A family member of an individual in recovery.
4. Three parents or guardians of children with a substance use disorder or serious emotional disturbance.
5. An individual who advocates on behalf of those with behavioral health issues.
(e) Members appointed by the Governor shall serve for a term of up to 3 years. The terms of no more than 3 members shall expire in the same year.
(f) The Director of the Division of Substance Abuse and Mental Health shall serve as the temporary chair, and shall set the date, time, and place for the initial organizational meeting where the members of the Council shall elect a Chair and Vice-Chair from among the members. The Vice-Chair's duty shall be to act as Chair in the absence of the Chair.
(g) The Council may adopt bylaws for operating procedures including the election of officers, the conducting of meetings, and other matters to promote the efficient operation of the Council in the performance of its duties under this section.
(h) Members of the Council shall serve without compensation; however, members may be reimbursed for reasonable and necessary expenses incidental to their duties as members of the Council.
(i) A majority of the membership of the Council shall constitute a quorum. A vacant position is not counted for quorum purposes.
(j) Administrative support for the Council shall be provided by the Division of Substance Abuse and Mental Health.
(k) The Council is a “public body,'' as defined in and for the purposes of the Freedom of Information Act, Chapter 100 of Title 29.
(l) The Council is designated as Delaware's State Mental Health Planning Council under Title XIX of the Public Health Service Act (42 U.S.C. § 300x).