(a) An individual shall be involuntarily committed for inpatient treatment only if all of the following criteria are met by clear and convincing evidence:
(1) The individual is a person with a mental condition;
(2) Based upon manifest indications, the individual is:
a. Dangerous to self; or
b. Dangerous to others;
(3) All less restrictive alternatives have been considered and determined to be clinically inappropriate at the time of the hearing; and
(4) The individual has declined voluntarily inpatient treatment, or lacks the capacity to knowingly and voluntarily consent to inpatient treatment. When evaluating capacity, the court shall consider an individual’s ability to understand the significant consequences, benefits, risks, and alternatives that result from the individual’s decision to voluntarily request or decline inpatient treatment.
(b) The court shall set out specific findings of facts and conclusions of law which address each of the required criteria for involuntary commitment and which support its decision to involuntarily commit or discharge the individual.
(c) If the court determines that an individual meets the criteria for involuntary commitment, the court shall enter an order of disposition which shall not exceed 3 months based upon the court’s individualized assessment of the facts and circumstances at the time of the hearing.
(d) Upon the expiration of the court order pursuant to subsection (c) of this section, if the individual has not been discharged by the hospital, and the hospital believes that the individual continues to require involuntary commitment, the court shall schedule a subsequent hearing which will be held in compliance with § 5007 of this title and this section. The individual shall be entitled to at least 14 working days’ notice of any subsequent hearings. As long as an individual receives involuntary inpatient treatment, the court must convene a hearing in compliance with § 5007 of this title and this section at least once every 3 months to review whether continued involuntary inpatient treatment is necessary.
(e) An individual, if represented by counsel, may waive, orally or in writing, any hearing under this section. The waiver must be submitted in writing to the court or be orally presented in open court.
60 Del. Laws, c. 95,
§
1;
68 Del. Laws, c. 310,
§§
6-8;
78 Del. Laws, c. 179,
§
186;
79 Del. Laws, c. 442,
§
1;
Notes of Decisions
Cited in
8
cases (
4 in the last 5 years), 2018–2025 · leading case:
State v. Topolski (Del. Super. Ct. 2023).
State v. Topolski (Del. Super. Ct. 2023).
· cites it 5× “In order to commit an individual involuntarily to inpatient treatment, the State typically must meet the requirements of 16 Del. C. § 5011, Delaware’s involuntary civil commitment statute.”
State v. Topolski (Del. Super. Ct. 2023).
· cites it 4× “Specifically, 16 Del. C. § 5011 requires the State to prove by clear and convincing evidence that (1) the individual is a person with a “mental condition”;22 (2) based upon manifest indications, the individual is “dangerous to self” or “dangerous to others”; (3) any less…”
State v. Warner (Del. Super. Ct. 2025).
· cites it 3× “4 Those criteria under16 Del. C. § 5011(a) are: (1) The individual is a person with a mental condition; (2) Based upon manifest indications, the individual is: a.”
State v. Hinton (Del. Super. Ct. 2018).
· cites it 2× “13 If a defendant cannot be restored to competency and brought to trial within a reasonable period of time, the State must either move to civilly commit the person pursuant to 16 Del C. § 5011, or the Court will dismiss the case.”
Smith v. State of Delaware (Del. Super. Ct. 2018).
· cites it 2× “Pursuant to 16 Del. C. § 5011, the State must demonstrate by clear and convincing evidence that the individual is a person with a mental condition, the individual is a danger to self or others, that all less restrictive alternative treatments have been deemed clinically…”
Smith v. State (Del. 2018).
“§ 5013(c) (“If the court determines that an individual meets the criteria for involuntary outpatient treatment over objection, the court shall enter an order of disposition which shall not exceed 3 months”); see also 16 Del. C. § 5011(c) (“If the court determines that an…”
State v. Thomas (Del. Super. Ct. 2020).
“37 Pursuant to 16 Del. C. § 5011(d), “the court must convene a hearing .”
State v. Topolski (Del. Super. Ct. 2023).
“His continued confinement would then depend on whether the State demonstrated, by clear and convincing evidence, the criteria for involuntary civil commitment enumerated in 16 Del. C. § 5011. DISCUSSION In light of the Court’s holding in its previous Opinion dated June 28, 2023,…”
— 16 Del. C. § 5011(a) — 4 cases
Smith v. State of Delaware (Del. Super. Ct. 2018).
“Pursuant to 16 Del. C. § 5011, the State must demonstrate by clear and convincing evidence that the individual is a person with a mental condition, the individual is a danger to self or others, that all less restrictive alternative treatments have been deemed clinically…”
State v. Topolski (Del. Super. Ct. 2023).
“In order to commit an individual involuntarily to inpatient treatment, the State typically must meet the requirements of 16 Del. C. § 5011, Delaware’s involuntary civil commitment statute.”
State v. Topolski (Del. Super. Ct. 2023).
“Specifically, 16 Del. C. § 5011 requires the State to prove by clear and convincing evidence that (1) the individual is a person with a “mental condition”;22 (2) based upon manifest indications, the individual is “dangerous to self” or “dangerous to others”; (3) any less…”
State v. Warner (Del. Super. Ct. 2025).
“4 Those criteria under16 Del. C. § 5011(a) are: (1) The individual is a person with a mental condition; (2) Based upon manifest indications, the individual is: a.”
— 16 Del. C. § 5011(c) — 3 cases
Smith v. State (Del. 2018).
“§ 5013(c) (“If the court determines that an individual meets the criteria for involuntary outpatient treatment over objection, the court shall enter an order of disposition which shall not exceed 3 months”); see also 16 Del. C. § 5011(c) (“If the court determines that an…”
State v. Topolski (Del. Super. Ct. 2023).
“Specifically, 16 Del. C. § 5011 requires the State to prove by clear and convincing evidence that (1) the individual is a person with a “mental condition”;22 (2) based upon manifest indications, the individual is “dangerous to self” or “dangerous to others”; (3) any less…”
State v. Warner (Del. Super. Ct. 2025).
“4 Those criteria under16 Del. C. § 5011(a) are: (1) The individual is a person with a mental condition; (2) Based upon manifest indications, the individual is: a.”
— 16 Del. C. § 5011(d) — 3 cases
State v. Thomas (Del. Super. Ct. 2020).
“37 Pursuant to 16 Del. C. § 5011(d), “the court must convene a hearing .”
State v. Topolski (Del. Super. Ct. 2023).
“In order to commit an individual involuntarily to inpatient treatment, the State typically must meet the requirements of 16 Del. C. § 5011, Delaware’s involuntary civil commitment statute.”
State v. Warner (Del. Super. Ct. 2025).
“4 Those criteria under16 Del. C. § 5011(a) are: (1) The individual is a person with a mental condition; (2) Based upon manifest indications, the individual is: a.”
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