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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2015

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(16 Del.C. §5001(11) & 29 Del.C. §9005(7))
During the 147th Delaware General Assembly, HB 346, AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE COMMITMENT OF THE MENTALLY ILL, was signed into law. The new law created a definition for “Juvenile Mental Health Screener” and authorized DSCYF to establish regulations concerning the credentialing process and criteria for Juvenile Mental Health Screeners.
Title 16, Chapter 50 of the Delaware Code states that only Juvenile Mental Health Screeners, authorized by the Department of Services for Children, Youth and Their Families (DSCYF), have the authority to detain or abrogate a detainment of an individual under the age of 18 for emergency detention, pending a psychiatric evaluation. No person shall hold himself out to the public as a juvenile mental health screener unless the person is credentialed in accordance with this chapter, and acting in the capacity of their employment or contract relationship through which they have been granted juvenile mental health screener status. The Division of Prevention and Behavioral Health Services (DPBHS) is the DSCYF Division responsible for implementing and enforcing this law.
Crisis services” means services provided by the staff or contractors of DPBHS Child Priority Response program or a psychiatric hospital contracted by the DSCYF, in the course of their employment.
Department” and “DSCYF” means the Department of Services for Children Youth and Their Families.
Division” and “DPBHS” means the Division of Behavioral Health Services.
DSAMH” means the Division of Substance Abuse and Mental Health of the Department of Health and Social Services.
Eligible entity” means a facility operated by the DSCYF, DSCYF crisis services provider, or a Delaware licensed mental health hospital under contract with the DSCYF.
"Emergency detention" and “emergently detained” means the process whereby a minor who appears to have a mental condition, and whose mental condition causes the person to be dangerous to self or dangerous to others, and whose parent or legal guardian is unwilling, or unavailable, to have the minor admitted to a facility voluntarily for assessment or care, is involuntarily detained for such evaluation and treatment for 24 hours unless the parent or legal guardian is unavailable to the Department during that 24 hour period; in such instances the time period may be extended to 72 hours.
Juvenile Mental Health Screener” means an individual who has applied for and been approved to be credentialed as a Juvenile Mental Health Screener under Chapter 50, by the DPBHS.
Psychiatric Facility” means a Delaware licensed mental health hospital under contract with the DSCYF.
Secretary” means the Secretary of the Department of Services for Children Youth and Their Families.
3.1 Psychiatrists, Board Certified Emergency Physicians, and Physicians.
3.1.1 Psychiatrists, board certified emergency physicians and physicians who meet the criteria of 16 DE Admin. Code §§6002.3.1 - 6002.3.3 may detain or abrogate a detainment for a psychiatric evaluation of any person, over or under age 18 as detailed in 16 DE Admin. Code §6002.
3.2 Licensed Non-Physician Mental Health Professionals If required to complete training by 16 DE Admin Code §6002, that training must be completed prior to acting as a Juvenile Mental Health Screener.
6.1 Conflict of interest statement: The intent of the law is to ensure that no person is detained for any reason other than experiencing symptoms associated with a mental condition that may result in danger to self or others, and that any potential or apparent conflicts of interest as set forth in 16 Del.C. §5004 are disclosed on the DPBHS Emergency Detainment Request Form within 24 hours of signature of the detention order. Potential or apparent conflicts of interest may include, but are not limited to, employment by a privately operated psychiatric facility, a personal relationship with the individual being detained or committed involuntarily, a relationship with family or significant others of the individual being detained or committed involuntarily, or being the victim of a crime by the person being detained or committed involuntarily. An Emergency Detainment Request Form must be completed for every youth under 18 detained under this regulation. This form must be maintained in the client’s records as described in subsection 6.2.
Last Updated: December 31 1969 19:00:00.
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