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Current as of January 01, 2022 | Updated by FindLaw Staff
(a) Any party to the proceedings may appeal an order of disposition issued by a Commissioner to either a Superior Court Judge or Family Court Judge as appropriate within 10 days of the entry of such order. The appeal shall not operate as a stay of the order of disposition unless the Commissioner or Judge so directs. A decision by a Superior Court Judge or a Family Court Judge may be appealed to the Supreme Court within 30 days of the entry of such order. The appeal shall not operate as a stay of the order of disposition unless the court or the Supreme Court so directs.
(b) After any order of disposition becomes final, the involuntary patient shall be entitled to petition the court for a writ of habeas corpus for release on the grounds:
(1) That the proceeding which led to the patient's commitment was illegal; provided, that that issue has not been previously determined; or
(2) That although the original confinement was legal, continued confinement is not warranted.
(c) The Superior Court and the Family Court shall adopt such rules of procedure as may be required to implement the procedural requirements of this chapter.
Cite this article: FindLaw.com - Delaware Code Title 16. Health and Safety § 5014. Appeal; habeas corpus; rules of procedure - last updated January 01, 2022 | https://codes.findlaw.com/de/title-16-health-and-safety/de-code-sect-16-5014/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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