§ 253B.16 — Discharge of Committed Persons
Plain-Language Summary
This section explains how a committed person can be fully discharged from commitment. The head of the facility can discharge a patient when the patient no longer needs treatment. The patient or any interested person can also petition the court for discharge.
253B.16 DISCHARGE OF COMMITTED PERSONS.
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Subdivision 1.Date.
The head of a treatment facility, state-operated treatment program, or community-based treatment program shall discharge any patient admitted as a person who poses a risk of harm due to mental illness, or a person who has a chemical dependency or a developmental disability when the head of the facility or program certifies that the person is no longer in need of care and treatment under commitment or at the conclusion of any period of time specified in the commitment order, whichever occurs first. The head of a facility or program shall discharge any person admitted as a person with a developmental disability when that person’s screening team has determined, under section 256B.092, subdivision 8, that the person’s needs can be met by services provided in the community and a plan has been developed in consultation with the interdisciplinary team to place the person in the available community services. §
Subd. 2.Notification of discharge.
Prior to the discharge or provisional discharge of any committed patient, the head of the treatment facility, state-operated treatment program, or community-based treatment program shall notify the designated agency and the patient’s spouse or health care agent, or if there is no spouse or health care agent, then an adult child, or if there is none, the next of kin of the patient, of the proposed discharge. The facility or program shall send the notice in writing and shall include the following: (1) the proposed date of discharge or provisional discharge; (2) the date, time and place of the meeting of the staff who have been treating the patient to discuss discharge and discharge planning; (3) the fact that the patient will be present at the meeting; and (4) the fact that the next of kin or health care agent may attend that staff meeting and present any information relevant to the discharge of the patient.
History:
1982 c 581 s 16; 1986 c 444; 1988 c 623 s 15; 1997 c 217 art 1 s 83; 2002 c 221 s 27; 2005 c 56 s 1; 2009 c 108 s 9; 1Sp2020 c 2 art 6 s 80
History: History: 1982 c 581 s 16; 1986 c 444; 1988 c 623 s 15; 1997 c 217 art 1 s 83; 2002 c 221 s 27; 2005 c 56 s 1; 2009 c 108 s 9; 1Sp2020 c 2 art 6 s 80