Del. Code Ann. tit. 16 § 5161(13) - Rights of patients in mental health hospitals or residential centers

The Delaware mental health patient bill of rights applies to the mental health records of individuals admitted in a facility that serves patients admitted pursuant to Chapter 50 (involuntary commitment), Chapter 51 (Department of Health and Social Services), and Chapter 55 (developmental disabilities) of the Delaware Mental Health code.
The facility must maintain a record for each patient with the following information: data pertaining to admission, any legal matters affected the patient, notations regarding care and treatment, copies of informed consent forms signed by the patient, and any other relevant documents.
Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
 
Disclosure With Consent:
A patient, or a minor patient’s parent or legal guardian may request information relating to their own mental health treatment. However, a facility may withhold information if they determine that a patient’s requested disclosure would be “seriously detrimental to the patient's health or treatment progress.” In that case, the information may be disclosed to a mental health professional designated by the patient, and the professional may use their judgment to determine which parts may be disclosed to the patient. Each patient has the right to review their record with the assistance of a mental health professional provided by the facility.
A patient, or a minor patient’s parent or legal guardian, may consent to the disclosure of information relating to their mental health treatment. Information may also be disclosed to the individual’s attorney.
 
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
·      To a rights-protection agency that is authorized by state or federal law to receive the information
·      To entities that contract with the Department of Health and Social Services “to the extent necessary for professional consultation or services”
·      To an appropriate state or federal agency as required by law
 
Disclosure Pursuant to Court Order:
Confidential information may be disclosed pursuant to a court order.