Delaware Code Title 31. Welfare § 5109. Treatment of juvenile inmates with mental conditions or mental disabilities;  transfer

(a) The Secretary of the Department of Services for Children, Youth and Their Families may transfer to other appropriate state institutions for care and treatment juveniles committed to the custody of the Division of Youth Rehabilitation Services whom the Secretary has determined to have psychotic disorders or mental conditions.  Transfer may also be made to such facilities in other jurisdictions, or to municipal or private facilities, upon the consent of responsible administrators of such facilities.

(b) When, in the judgment of the administrator of the institution to which a juvenile in custody has been transferred, the juvenile has recovered from the condition which occasioned the transfer, the juvenile shall be returned to the Division of Youth Rehabilitation Services.

(c) The transfer shall become effective as soon as the Secretary of the Department of Services for Children, Youth and Their Families requests it.  The parents or guardians of the juvenile, if they can be reached by a reasonable effort, shall be notified of the transfer within 30 days.  They may demand in writing a hearing before the Secretary of Services for Children, Youth and Their Families to be held within 2 weeks.  The decision of the Secretary may be appealed within 30 days to the court which committed the juvenile to the Division of Youth Rehabilitation Services.  The decision of the court on appeal shall be final.

(d) When the juvenile is returned to the Division of Youth Rehabilitation Services, the parents or guardians of the juvenile, if they can be reached by a reasonable effort, shall be notified of the transfer within 30 days by the Secretary of Services for Children, Youth and Their Families.  They may demand in writing a hearing before the Secretary of Services for Children, Youth and Their Families to be held within 2 weeks.  The decision of the Secretary may be appealed within 30 days to the court which first committed the juvenile to the Division of Youth Rehabilitation Services.  The decision of the court on appeal shall be final.