Section 632.155

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 632

Effective - 28 Aug 2023, 2 histories   

  632.155.  Release of voluntary minor patients, consent required — may be involuntarily detained, when, procedure. — 1.  A voluntary patient who is a minor and who requests his or her release either orally or in writing, or whose release is requested in writing to the head of the facility by his or her parent, spouse, adult next of kin, or person entitled to his or her custody, shall be released immediately; except, that if the patient was admitted on the application of another person, his or her release shall be conditioned upon receiving the consent of the person applying for his or her admission.

  2.  If the head of the mental health facility determines that the minor is mentally disordered and, as a result, presents a likelihood of serious physical harm to himself or herself or others, the head of the facility may refuse the release.  The mental health facility may detain the minor only if a licensed physician, a mental health professional or a registered professional nurse designated by the facility and approved by the department completes an application for detention for evaluation and treatment to begin the involuntary detention of the minor under this chapter or, if appropriate, the minor is detained in the facility under the provisions of chapter 211.

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(L. 1980 H.B. 1724, A.L. 2023 S.B. 106)