govt.fyi
Back to SB 152
Delaware General Assembly· SB 152Signed

DSCYF/Family Services/Designee/Voluntary Admission, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Delaware General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
SPONSOR: Sen. Pinkney & Rep. Chukwuocha
                                                                Sens. Buckson, Hansen, Huxtable, Mantzavinos; Reps.
                                                                Morrison, Kamela Smith

                                                DELAWARE STATE SENATE
                                                153rd GENERAL ASSEMBLY

                                                SENATE BILL NO. 152

    AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO VOLUNTARY ADMISSIONS.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

1   Section 1. Amend Chapter 50, Title 16 of the Delaware Code by making deletions as shown by strike through and

2 insertions as shown by underline as follows:

3   § 5003. Voluntary admission procedure.

4   (f) If any applicant is under the age of 18 years old, the following provisions shall apply:

5                   (1) In the case of voluntary admission to a designated psychiatric treatment facility or hospital, consent to

6   treatment shall may be given only by a parent, legal guardian, or, when the applicant is in DSCYF custody

7   pursuant to Chapter 25 of Title 13, the Department’s Director or Deputy Director of the Division of Family

8   Services, or the Director’s or Deputy Director’s designee when the applicant is in DSCYF custody pursuant to

9   Chapter 25 of Title 13. The request for admission to the designated psychiatric treatment facility or hospital shall

10  must be signed by either the applicant’s parent, legal guardian, or, when the applicant is in DSCYF custody

11  pursuant to Chapter 25 of Title 13, the Department’s Director or Deputy Director of the Division of Family

12  Services. Services, or the Director’s or Deputy Director’s designee. when the applicant is in DSCYF custody

13  pursuant to Chapter 25 of Title 13.

14                  (2) A voluntary patient or the voluntary patient’s parent, legal guardian, or, when the applicant is in

15  DSCYF custody pursuant to Chapter 25 of Title 13, the Department’s Director or Deputy Director of the Division

16  of Family Services, or the Director’s or Deputy Director’s Designee, when the applicant is in DSCYF custody

17  pursuant to Chapter 25 of Title 13 may make a written request to the attending psychiatrist to be discharged at any

18  time.

19                  a. The provisions of subsection (e) of this section shall apply in such instances, except that the

20                  voluntary patient’s discharge may be conditioned upon the consent of the voluntary patient’s parent, legal

21                  guardian, or, when the applicant is in DSCYF custody pursuant to Chapter 25 of Title 13, the

22                  Department’s Director or Deputy Director of the Division of Family Services, or the Director’s or Deputy

23                  Director’s designee when the applicant is in DSCYF custody pursuant to Chapter 25 of Title 13.

    SD : AVP : ALW                              Page 1 of 2             Released: 05/15/2025 05:51 PM

    2711530089
24                  b. If the voluntary patient’s parent, legal guardian, or, when the applicant is in DSCYF custody

25                  pursuant to Chapter 25 of Title 13, or the Department’s Director or Deputy Director of the Division of

26                  Family Services, or the Director’s or Deputy Director’s designee, when the voluntary patient is in

27                  DSCYF custody pursuant to Chapter 25 of Title 13 requests the patient’s discharge from a treatment

28                  facility against the advice of the treatment team and administrator of the facility, the facility may initiate

29                  involuntary treatment procedures as provided for under this chapter. The provisions of this paragraph

30                  shall apply as if the patient had made the request.

                                                                        SYNOPSIS

              This Act adds that the Director or Deputy Director of the Division of Family Services may have a designee
    consent to voluntary admission and sign for admission to a psychiatric hospital for youth in DFS custody. This reflects best
    practices and matches the current process for surgical consents for youth in DFS custody, and under DFS policy, a designee
    may only act as a designee to take such action with the direct approval of the Director or Deputy Director.

                                                                                                                            Author: Senator Pinkney

    SD : AVP : ALW  Page 2 of 2                                          Released: 05/15/2025 05:51 PM
    2711530089
Every fact on this page links to its source, starting with the official bill record.