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Delaware Code Title 16. Health and Safety § 5705. Filing petition

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(a) A petition for a declaratory judgment or for involuntary sterilization under this chapter may be filed in the Court of Chancery by:

(1) The chief executive officer of the institution in which the person to be sterilized resides;

(2) The head of the state agency responsible for such person if the person is not a resident of an institution;

(3) The parent or guardian of such person; or

(4) Any state agency which by virtue of the scope of its powers and jurisdiction has an interest in the sterilization of the person.

(b) A form of preliminary order setting the matter down for hearing and providing for the giving of the required notice shall be filed with the petition.

Cite this article: - Delaware Code Title 16. Health and Safety § 5705. Filing petition - last updated January 01, 2022 |

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