Division of Substance Abuse and Mental Health.
Del. Code tit. 29, § 7908
in effect(a) As used in this section:
(1) “Behavioral health condition” means as defined in § 5601 of Title 16.
(2) “Behavioral health treatment program” or “program” means as defined in § 5601 of Title 16.
(3) “Behavioral health treatment provider organization” or “provider organization” means as defined in § 5601 of Title 16.
(4) “Department” means the Department of Health and Social Services.
(5) “Director” means the Director of the Division.
(6) “Division” means the Division of Substance Abuse and Mental Health.
(b) The Division is established within the Department under the direction and control of the Secretary of the Department. The Director shall have the power to perform and shall be responsible for the performance of all the powers, duties, and functions as delegated to the Director by the Secretary.
(c) The Division shall provide for and oversee the prevention of behavioral health conditions and the care, treatment, and recovery of adults with behavioral health conditions.
(d) The Division shall do all of the following:
(1) Plan for, adopt or establish, implement, revise, and enforce program standards.
(2) License provider organizations to operate programs.
(3) Inspect, investigate, and monitor provider organizations to ensure compliance and quality.
(4) Receive and investigate complaints, grievances, and incident reports related to provider organizations and programs.
(5) Provide and facilitate education, research, and training related to behavioral health conditions.
(6) Establish, operate, and maintain the Delaware Psychiatric Center and a forensic psychiatric unit within the Center.
(7) Administer or supervise the administration of provisions in a federal grant related to individuals with behavioral health conditions.
(e) The Division may do any of the following:
(1) Make contracts necessary or incidental to the Division’s duties or the exercise of the Division’s powers.
(2) Solicit, accept, and use money, property, or services, regardless of the source.
(3) Acquire, hold, or dispose of real property, and construct, lease, or otherwise provide real property necessary or incidental to the Division’s duties or the exercise of the Division’s powers.
(4) Coordinate with other divisions within the Department of Health and Social Services and with the courts, the Department of Correction, the Department of Justice, the Department of Safety and Homeland Security, and the Department of Services for Children, Youth and Their Families to address systemic public behavioral health needs.
(5) Take action to execute the authority expressly granted to the Division.
(6) Promulgate rules and regulations to implement this section.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c079/sc01/index.htmlFetched: 10/4/2026