222.15 - DISCHARGE OF PATIENTS ADMITTED VOLUNTARILY.
222.15 DISCHARGE OF PATIENTS ADMITTED VOLUNTARILY.
This section applies to any person who was voluntarily admitted to
a state resource center or other facility in accordance with the
provisions of section 222.13 or 222.13A. Except as otherwise
provided by this section, if the person or the person's parent,
guardian, or custodian submits a written request for the person's
release, the person shall be immediately released.
1. If the person is an adult and was admitted pursuant to an
application by the person or the person's guardian and the request
for release is made by a different person, the release is subject to
the agreement of the person voluntarily admitted or the person's
guardian, if the guardian submitted the application.
2. If the person is a minor who was admitted pursuant to the
provisions of section 222.13A, the person's release prior to becoming
eighteen years of age is subject to the consent of the person's
parent, guardian, or custodian, or to the approval of the court if
the admission was approved by the court.
3. a. If the administrator of the facility in which the
patient is admitted certifies that in the administrator's opinion the
release of the person would be contrary to the safety of the person
or the community, the release may be postponed by a court order. The
administrator's certification shall be filed with the clerk of the
district court for the county in which the facility is located no
later than one day following the submission of the written request
for release. The period of postponement shall be the period of time
the court determines necessary to permit the commencement of judicial
proceedings for the person's involuntary commitment. The period of
postponement shall not exceed five days unless the period of
postponement is extended by court order for good cause shown.
b. If a petition for the person's involuntary commitment is
timely filed, the administrator may detain the person in the facility
and provide treatment until disposition of the petition. The
treatment shall be limited to that necessary to preserve the person's
life or to appropriately control behavior by the person which is
likely to result in physical injury to the person or to others if
allowed to continue. The administrator shall not otherwise provide
treatment to the person without the person's consent. Section History: Early Form
[SS15, § 2727-a96; C24, 27, 31, 35, 39, § 3473; C46, 50, 54,
58, 62, § 223.9; C66, 71, 73, 75, 77, 79, 81, § 222.15] Section History: Recent Form
95 Acts, ch 82, §9; 2000 Acts, ch 1112, §51
Referred to in § 222.59