Delaware Code Title 16. Health and Safety § 5507. Due process

Some persons diagnosed with intellectual disabilities or other specific developmental disabilities may be unable, due to the severity of their disability, to exercise for themselves all of their rights in a meaningful way.  For others, modification of some or all of these rights is appropriate.  The procedure used for modification or denial of rights must contain proper legal safeguards against every form of abuse;  must be based on an evaluation of the social capability of the person diagnosed with an intellectual disability or other specific developmental disabilities by qualified experts;  and must be subject to periodic reviews, and to the right of appeal to higher authorities.