§334-60.7 - Notice of intent to discharge.
§334-60.7 Notice of intent to discharge. When the administrator of a psychiatric facility contemplates discharge of aninvoluntary patient because of expiration of the court order for commitment orbecause the patient is no longer a proper subject for commitment, as determinedby the criteria for involuntary hospitalization in section 334-60.2 theadministrator shall provide notice of intent to discharge, or if the patientvoluntarily agrees to further hospitalization, the administrator shall providenotice of the patient’s admission to voluntary inpatient treatment. The noticeshall be filed with the court and served personally or by certified mail onthose persons whom the order of commitment specifies as entitled to receivenotice. If no objection is filed within three days of service, theadministrator of the psychiatric facility shall discharge or accept the patientfor voluntary inpatient treatment. If any person specified as entitled toreceive notice files a written objection to discharge or to the patient’sadmission to voluntary inpatient treatment on the grounds that the patient is aproper subject for commitment, the court shall conduct a hearing to determineif the patient still meets the criteria for involuntary hospitalization insection 334-60.2. If the court finds that the patient does not meet thecriteria for involuntary hospitalization in section 334-60.2, the court shallissue an order of discharge from the commitment. If the court finds that thepatient does meet the criteria for involuntary hospitalization in section334-60.2, the court shall issue an order denying discharge from the commitment.[L 1984, c 188, pt of §3; am L 1988, c 44, §2]