As used in this subchapter:

(1) “Abuse” means any of the following:

a. Willful use of offensive, abusive, or demeaning language causing mental anguish.

b. Knowing, reckless, or intentional acts or failures to act causing injury or death.

c. Rape or sexual assault.

d. “Sexual contact,” “sexual intercourse,” or “sexual penetration” as defined in § 761 of Title 11, regardless of consent.

e. Corporal punishment or striking.

f. Use of restrictive intervention in violation of federal or State law or regulation.

g. Isolation.

(2) “Chemical restraint” means the use of a chemical or pharmaceutical through topical application, oral administration, injection, or other means to control a client’s activity. The term does not include using a chemical or pharmaceutical in standard treatment for the client’s medical or psychiatric condition.

(3) “Exploitation” means using a client to entertain others under circumstances that cause degradation, humiliation, or mental anguish to the client. The term includes sexual and financial exploitation.

(4) “Financial exploitation” means taking or misusing a client’s property or resources through undue influence, breach of a fiduciary relationship, deception, harassment, criminal coercion, theft, or other unlawful or improper means. The term includes using a client’s services without compensation.

(5) “Isolation” means a forced separation or failure to include a client in the program or the community’s social surroundings.

(6) “Mechanical restraint” means using a device that restricts the free movement of a client’s body. The term does not mean using restraints to support functional body position or proper balance.

(7) “Neglect” means any of the following:

a. A failure to provide food, shelter, clothing, health care, or services necessary to maintain a client’s health.

b. A failure to meet a statutory obligation, judicial order, administrative rule or regulation, policy, procedure, or minimally accepted standard of care.

c. A negligent act or omission that causes injury or death to a client or places the client at risk of injury or death.

d. A failure to establish or carry out a client’s treatment plan.

e. A failure to provide adequate staffing levels or appropriately trained staff.

(8) “Personal restraint” means an action that restricts the free movement of an individual’s body, including applying pressure. The term does not include physical guidance or prompting for a brief duration.

(9) “Psychiatric hospital” means as defined in § 1001 of this title.

(10) “Residential client” means a client who resides in a residential program while receiving treatment.

(11) “Residential program” means a licensed program that regularly admits clients with the expectation that the client’s stay will cross at least 2 midnights.

(12) “Restraint” includes chemical, mechanical, and personal restraints. The term does not include general confinement in a treatment facility.

(13) “Restrictive intervention” includes restraint and seclusion.

(14) “Seclusion” means involuntarily confining a client in an area and physically preventing the client from leaving.

(15) “Serious injury” means a bodily injury that involves or has a substantial risk of causing at least 1 of the following:

a. Death.

b. Unconsciousness.

c. Extreme physical pain.

d. Protracted and obvious disfigurement.

e. Protracted loss or impairment of the function of a bodily member or organ, or mental faculty.

(16) “Sexual exploitation” means using a client for the sexual gratification of others.

85 Del. Laws, c. 461, § 4; 

(a) The rights enumerated in this subchapter are in addition to and not a derogation of other constitutional, statutory, or regulatory rights.

(b) A client is entitled to assert the client’s rights, including through a complaint made to a provider organization, the Division, the Department, the protection and advocacy system, the Attorney General, or through another grievance process established under this chapter.

(c) Whenever a client cannot exercise a right under this subchapter, the right devolves to the client’s representative.

(d) A provider organization may not require a client to waive the client’s rights as a condition of admission or treatment.

(e) Whenever a provider organization limits a client’s right under this subchapter for clinical, safety, or legal reasons permitted under applicable law, the treating practitioner shall document the limitation and the rationale in the client’s clinical record. A limitation under this subsection must be for the shortest duration feasible.

(f) A client is entitled to the rights enumerated under this chapter regardless of the licensing status of the entity providing services to the client.

85 Del. Laws, c. 461, § 4; 

(a) A client is entitled to be free from abuse, exploitation, neglect, and serious injury.

(b) A client is entitled to treatment in a safe, skillful, and humane manner that respects the client’s dignity and personal integrity.

(c) A client is entitled to treatment appropriate to the client’s needs and consistent with generally accepted professional standards.

(d) A client may refuse treatment, withdraw consent for treatment, or request modification of treatment, except where treatment is authorized or required by law without the client’s consent.

(e) A client may refuse to participate in research or in an examination conducted primarily for educational purposes.

(f) A client is entitled to complete and current information regarding the client’s condition, diagnosis, recommended treatment, risks, side effects, likely outcome, and available alternatives.

(g) A client is entitled to know the name and professional role of individuals participating in the client’s treatment.

(h) A client is entitled to communication in the client’s preferred language and in a manner the client can reasonably be expected to understand, including the use of sign language or other appropriate communication assistance necessary due to communication or sensory need.

(i) A client is entitled to assistance in understanding, exercising, and protecting the rights enumerated in this chapter.

(j) A client is entitled to participate in planning, implementing, and revising the client’s treatment plan to the maximum extent of the client’s abilities.

(k) A client is entitled to express preferences regarding treatment options and providers to the extent reasonably available and consistent with applicable law.

(l) A client is entitled to an individualized written treatment plan that includes treatment goals, methods for evaluating progress, and discharge planning.

(m) A client is entitled to participate in discharge planning and to receive information regarding continuing care, community services, and other supports necessary following discharge.

(n) A client is entitled to receive treatment in a setting and under conditions that restrict the client’s liberty only to the extent required by the client’s treatment needs and applicable law.

(o) Except as authorized under law or necessary to treat the client’s medical or psychiatric condition where less restrictive alternatives have failed or are otherwise not feasible, a client is entitled to be free from restrictive intervention imposed for purposes of discipline or convenience.

(p) A client is entitled to privacy during treatment and care.

(q) A client is entitled to assert a grievance concerning infringement of a right enumerated under this chapter or to present a complaint, petition, or recommendation for a change in policies without fear of reprisal, restraint, interference, coercion, or discrimination, to have the grievance, complaint, petition, or recommendation considered in a fair, timely, and impartial manner, and to receive a written response.

(r) In addition to the rights provided under this section, a residential client is entitled to the following:

(1) A residential client is entitled to appropriate behavioral and physical health examinations and evaluations in a timely manner.

(2) Except as necessary to protect the safety of the client or others or to prevent unreasonable interference with the treatment of other clients, a residential client is entitled to communicate freely and privately with others, including making phone calls and receiving visitors at reasonable hours.

(3) A residential client is entitled to retain reasonable personal belongings consistent with therapeutic objectives and a program’s safety requirements.

(4) Except as otherwise provided by law, a residential client is entitled to manage the client’s personal financial affairs.

(5) A residential client is entitled to participate in educational, vocational, and recreational activities consistent with the client’s treatment plan and a program’s reasonable rules.

(6) A residential client is entitled to communicate privately with the client’s counsel, personal licensed practitioners, and spiritual advisor at times consistent with a program’s reasonable rules.

(7) A residential client is entitled to practice the religion of the client’s choice or to abstain from religious practice consistent with a program’s reasonable rules.

(8) A residential client who is eligible to vote is entitled to assistance in exercising the right to vote.

85 Del. Laws, c. 461, § 4; 

(a) A provider organization shall treat a client with courtesy and respect for the client’s dignity and individuality.

(b) When providing information to a client, a provider organization shall do all of the following:

(1) Provide the information using plain language.

(2) Provide the information in the client’s preferred language.

(3) Make reasonable accommodations for a client with a communication or sensory need.

(c) At the time of admission or upon request of the client or the client’s representative, a provider organization shall give a written statement to the client or the client’s representative. The statement must include at least the following:

(1) A statement of the client’s rights under this chapter approved by the Division.

(2) Fees for services applicable to the client.

(3) The program’s rules governing client conduct.

(4) The circumstances under which the provider organization may discharge or transfer a client.

(5) The procedure for asserting grievances concerning infringement of rights under this chapter and presenting complaints, petitions, and recommendations for changes in the provider organization’s policies.

(6) The provider organization’s privacy practices.

(d) Except with the client’s consent, as permitted under applicable law, or pursuant to a judicial order, a provider organization shall ensure that case discussion, consultation, examination, and treatment are confidential and discreet and exclude individuals not directly involved in the client’s care.

(e) A provider organization shall provide a client with an individualized written treatment plan and treatment based on the plan. The plan must include treatment goals, methods for evaluating progress, and discharge planning. The provider organization shall ensure that the client’s plan is periodically reviewed and revised as necessary, consistent with the client’s treatment progress.

(f) A provider organization shall establish policies and procedures that enable a client to assert grievances concerning infringement of rights enumerated under this chapter and to present complaints, petitions, and recommendations for changes in the provider organization’s policies.

(g) A provider organization shall consider a client’s grievances, recommendations, complaints, or petitions in a fair, timely, and impartial manner and provide a written response.

(h) A provider organization shall ensure that a residential client receives appropriate behavioral and physical health examinations and evaluations in a timely manner.

(i) A provider organization shall establish policies and procedures that ensure a residential client’s right to communicate.

(j) Whenever a provider organization temporarily retains custody of a residential client’s personal property, the provider organization shall provide the client with a written itemized receipt and return the property to the client upon discharge.

(k) A provider organization shall provide assistance to enable a residential client to exercise the client’s voting rights, including access to voter registration forms and applications for absentee ballots.

85 Del. Laws, c. 461, § 4; 

(a) A provider organization shall maintain a clinical record for a client.

(b) The Division shall adopt minimum regulations for the content and maintenance of clinical records.

(c) Except as otherwise provided under subsection (d) of this section, a provider organization may not release a client’s clinical record.

(d) Subject to § 5636 of this title, upon request, a provider organization shall release a client’s clinical record to the client or the client’s representative.

85 Del. Laws, c. 461, § 4; 

(a) Except as provided under subsection (b) of this section, if a client’s treating practitioner clinically determines that releasing a client’s clinical record to the client or the client’s representative would be detrimental to the client’s health or treatment progress, the provider organization may not release the record to the client or the client’s representative.

(b) Whenever a client or the client’s representative requests the client’s clinical records and is denied under subsection (a) of this section, the client or the client’s representative may request that the records be released to another licensed practitioner of the client or the client’s representative choosing. The practitioner chosen by the client or the client’s representative must have an equivalent scope of practice to the practitioner making the clinical determination under subsection (a) of this section.

(c) After receiving a valid request under subsection (b) of this section, the provider organization shall release the client’s clinical records to the licensed practitioner.

(d) If, after receiving and reviewing a client’s clinical records under subsection (c) of this section, a licensed practitioner’s reasonable medical opinion is that releasing the records to the client or the client’s representative would not be detrimental to the client’s health or treatment progress, the practitioner may provide or otherwise disclose all or part of the client’s clinical record to the client or the client’s representative.

85 Del. Laws, c. 461, § 4; 

(a) A client, the client’s authorized representative, the Attorney General, or the protection and advocacy system may enforce the rights established under this subchapter.

(b) Notwithstanding § 342 of Title 10, the Court of Chancery has jurisdiction to hear and determine actions to enforce or resolve disputes concerning rights arising under this subchapter, including actions seeking declaratory or injunctive relief.

(c) Provider organizations subject to this chapter may also be licensed or regulated as long-term care facilities under Chapter 11 of this title and its implementing regulations. Nothing in this chapter abrogates requirements or rights under Chapter 11 of this title.

85 Del. Laws, c. 461, § 4;