Navigating Involuntary Holds in Delaware: A Guide for Patients, Friends, & Families
When a loved one is in the middle of a mental health crisis, it can be scary and confusing. In Delaware, you may hear terms like “24-hour emergency detention,” “48-hour provisional admission,” or “civil commitment.” These refer to state laws that allow a person to be placed in a psychiatric facility for evaluation and treatment even if they do not agree.
This process is called an involuntary hold. The purpose is not punishment, but to keep the person safe, protect others, and give them access to treatment when they cannot make those decisions themselves.
This guide explains the different types of involuntary holds in Delaware, what families can expect, and how you can best support your loved one.
What Is an Involuntary Hold in Delaware?
An involuntary hold is a legal process that lets professionals place someone in a psychiatric facility if they are in crisis.
A person may be held if they have a mental condition that makes them:
A danger to themselves (for example, suicidal thoughts or attempts),
A danger to others (for example, threats or violent actions), or
Unable to care for basic needs because of mental illness.
These rules are set out in Delaware Code, Title 16, Chapter 50 (Involuntary Commitment Act).
Step-by-Step: What Families Can Expect
Crisis Point
A loved one is suicidal, threatening, or unable to care for themselves.
Police, emergency medical services, or a mental health professional is called.
Emergency Detention (24 Hours)
A credentialed mental health screener (or juvenile screener for minors) evaluates the person.
If criteria are met, law enforcement can transport them to a designated psychiatric facility.
The detention officially begins when the person is presented at the facility.
Duration: Up to 24 hours for adults. For minors, 24 hours, extendable up to 72 hours if a parent or guardian is not available.
Provisional Admission (Up to 48 Hours)
A psychiatrist at the hospital may certify that the person meets the criteria for further evaluation.
The person can then be admitted under provisional admission for up to 48 hours.
Note: Delaware law does not exclude weekends or holidays from this timeframe.
If the person asks for voluntary treatment, the provisional admission ends and they are converted to voluntary status.
Court Petition and Hearings
If continued care is needed, the hospital files a verified complaint with the Superior Court (Family Court for some minors).
Probable-cause hearing: Must be held within 8 working days of filing.
If probable cause is found, the court schedules an involuntary inpatient commitment hearing within 8 working days after the probable-cause hearing.
Court Decision
The patient has the right to notice, a lawyer (appointed if they cannot afford one), and to present evidence.
If the judge finds clear evidence the criteria are met, the court may order inpatient commitment.
Possible Outcomes
Release: If your loved one no longer meets criteria.
Voluntary treatment: If they agree to stay for care.
Court-ordered inpatient commitment: Usually up to 3 months at first, with reviews and possible extensions of 3 months or longer.
Types of Involuntary Holds in Delaware
24-Hour Emergency Detention
Purpose: Allows immediate safety and hospital transport after a mental health screener evaluation.
Who Can Initiate: Credentialed mental health screener (juvenile screener for minors); police assist with transport.
Duration: Up to 24 hours (minors: up to 72 hours if a guardian is unavailable).
48-Hour Provisional Admission
Purpose: Short hospital stay to allow further psychiatric evaluation.
Who Approves: A psychiatrist at the facility.
Duration: Up to 48 hours (no weekend/holiday exclusion).
Involuntary Civil Commitment
Purpose: Court-ordered inpatient treatment if the person continues to meet criteria.
Process: Probable-cause hearing within 8 working days → full inpatient commitment hearing within 8 working days after that.
Court: Superior Court for adults; Family Court may handle cases involving minors.
Duration: Initial order up to 3 months, with possible extensions.
Patient Rights in Delaware
Even while on an involuntary hold, patients retain important rights:
To know why they are being held
To consult with an attorney (appointed if needed)
To attend and speak at hearings
To present evidence and witnesses
To receive treatment in the least restrictive environment
To humane care and protection of dignity
To be considered “involuntarily committed” only after the court makes that finding at or after the probable-cause hearing
How Families Can Support a Loved One
Offer Reassurance
Stay calm and remind your loved one you care and are not giving up on them.
Stay Involved
Ask the hospital staff about next steps, timelines, and patient rights.
Keep a notebook of names, dates, and details.
Provide Useful Information
Share history, medications, or recent behaviors with staff. Even if they cannot share back with you, your information is valuable.
Ask About Visits
Policies vary, so check on visiting hours, phone calls, and what personal items can be brought.
Plan Ahead
Ask about discharge planning, outpatient therapy, and community supports.
Take Care of Yourself
This is stressful. Reach out to friends, family, or support groups for help.
Common Questions Families Ask
How long can someone be held without a court order in Delaware?
Up to 24 hours under emergency detention, and up to 48 hours under provisional admission.
Do weekends or holidays count toward the 48 hours?
Yes. Delaware law does not exclude weekends or holidays from the 48-hour limit.
When does the 24-hour emergency detention clock start?
When the person is presented at a designated psychiatric facility.
What happens after 48 hours?
The hospital must release the person, switch them to voluntary status, or file a court petition for involuntary commitment.
Will this go on my loved one’s criminal record?
No. Civil commitment is a medical and legal process, not a crime.
Who pays for the hospital stay?
Insurance is usually billed if available. State or county resources may cover emergency care if the person is uninsured.
Which court handles involuntary commitment in Delaware?
Superior Court for adults; Family Court may be involved for minors.
Final Thoughts
Having a loved one placed on an involuntary hold in Delaware can be frightening and overwhelming. You may feel powerless or confused about what comes next.
Remember:
An involuntary hold is not punishment—it is a step toward safety.
Your loved one still has rights and dignity.
You can play a vital role by staying calm, informed, and supportive.
With the right information and resources, you can help your loved one move from crisis toward recovery.
