Right to counsel

General Involuntary Commitment for Mental Health

Per 16 Del.C. § 5007(3), indigent individuals subject to involuntary commitment proceedings have the right "[t]o be represented by counsel at all judicial proceedings, such counsel to be court-appointed if the individual cannot afford to retain counsel..."  And "[u]pon the filing of the probable cause complaint the court shall forthwith:  (1) Schedule a probable cause hearing to determine whether probable cause exists for the involuntary patient's confinement, and, where necessary, appoint counsel to represent the involuntary patient." 16 Del.C. § 5009(a).

Involuntary Commitment for Substance Abuse

Upon "written certification by a physician that the individual is a person in need of treatment as provided for in this chapter[,]" a person may be involuntary admitted for substance abuse treatment on either an inpatient or outpatient basis. 16 Del.C. § 2211.  A right to court-appointed counsel attaches for indigent respondents upon the filing of the petition per 16 Del.C. § 2214(1). See also 16 Del.C. § 2215 (stating that "An individual whom the staff of a facility has determined to be a person in need of treatment will be provided: ... (3) Representation by counsel at all judicial proceedings, such counsel to be court-appointed if the involuntary patient cannot afford to retain counsel").