Section 633.140

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 633

Effective - 28 Aug 2011   

  633.140.  Return of absentee, procedure. — 1.  If any resident leaves a developmental disability facility without authorization, the sheriff of the county where the resident is found shall apprehend and return him to the center if requested to do so by the head of the facility.

  2.  The head of the facility may request the return of an absent resident pursuant to subsection 1 of this section only when one of the following circumstances exists:

  (1)  The resident is a minor whose admission was applied for by his parent or legal custodian, and such parent or guardian has not requested the resident's release;

  (2)  The resident is a minor under the jurisdiction of the juvenile court;

  (3)  The resident has been declared legally incapacitated and his guardian has not requested his release; or

  (4)  The resident's condition is of such a nature that, for the protection of the resident or others, the head of the facility determines that the resident's return to the facility is necessary.  Such determination shall be noted in the resident's records.

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(L. 1980 H.B. 1724, A.L. 1983 S.B. 44 & 45, A.L. 2011 H.B. 555 merged with H.B. 648)