State Gun Laws

A mental health service provider usually starts the process for an order of relinquishment. When a mental health service provider identifies a person who presents a danger, s/he will send a written report to law enforcement. Then law enforcement files the petition for an order of relinquishment.¹

A mental health service provider does not have to start the relinquishment process every time a person says that s/he might harm himself/herself or others, as we explain below.

When the mental health service provider has the option (discretion) to report to law enforcement:
A mental health service provider (or an institution, agency, or hospital) has the option to notify law enforcement if s/he believes that his/her patient is dangerous to him/herself or others. This can happen even if the patient has not made specific threats against an identifiable victim.¹ Under the law, being dangerous to oneself or others means that within the reasonably foreseeable future:

• due to his/her mental condition, there is a substantial likelihood that the person will:
  
  • suffer serious bodily harm himself/herself (“dangerous to self”); or
  • cause serious bodily harm to someone else (“dangerous to others”).²

When making this determination, the mental health service provider must take into account the person’s history, recent behavior, and any recent act or threat.² The mental health service provider is allowed to break confidentiality in order to make a report to law enforcement, regardless of whether or not the conversations between the mental health service provider and the person were supposed to be kept confidential.³

When the mental health service provider must (has a duty to) report to law enforcement:
The mental health service provider has a duty to notify law enforcement and arrange for the patient’s immediate voluntary or involuntary hospitalization if:

1. the patient makes a specific and immediate threat to do any of the following:
   
   • a threat to kill or seriously injure a clearly identified victim;
   • a threat to commit a specific violent act; or
   • a threat to destroy property under circumstances that could easily lead to serious personal injury or death; and
2. the patient has an apparent intent and ability to carry out the threat.⁴

The mental health service provider must notify law enforcement in a “timely manner” and arrange for hospitalization in an inpatient or outpatient program. If the mental health service provider does not do that, s/he can possibly be held liable if the person follows through with any of the threats.⁴

¹ 16 Del. Code § 5403
² 11 Del. Code § 1448C(a)(2), (a)(4)
³ 16 Del. Code §§ 5403(a); 5402(c)
⁴ 16 Del. Code § 5402(a), (b)