(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.