State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-205_1

§122C‑205.1.  Discharge of clients who escape or breach the condition ofrelease.

(a)        As described inG.S. 122C‑205(a), when a client of a 24‑hour facility escapes orbreaches the condition of his release and does not return to the facility, thefacility shall:

(1)        If the client wasadmitted under Part 2 of this Article or under Parts 3 or 4 of this Article toa nonrestrictive facility, discharge the client based on the professionaljudgment of the responsible professional;

(2)        If the client wasadmitted under Part 3 or Part 4 of this Article to a restrictive facility,discharge the client when the period for continued treatment, as specified bythe court, expires;

(3)        If the client wasadmitted pending a district court hearing under Part 7 of this Article, requestthat the court consider dismissal or continuance of the case at the initialdistrict court hearing; or

(4)        If the client wascommitted under Part 7 of this Article, discharge the client when thecommitment expires.

(b)        As described inG.S. 122C‑205(a), when a client of a 24‑hour facility who wasadmitted under Part 8 of this Article escapes or breaches the conditions of hisrelease and does not return to the facility, the facility may discharge theclient from the facility based on the professional judgment of the responsibleprofessional and following consultation with the appropriate area authority orphysician.

(c)        Upon discharge ofthe client, the 24‑hour facility shall notify all the persons directed tobe notified of the client's escape or breach of conditional release under 122C‑205(a),(b) and (d) that the client has been discharged.

(d)        If the client isreturned to the 24‑hour facility subsequent to discharge from thefacility, applicable admission or commitment procedures shall be followed, whenappropriate. (1987, c. 674, s. 1.)