59-2951. Right to discharge of voluntary patient; procedure.
59-2951
59-2951. Right to discharge of voluntary patient;procedure.(a) A voluntary patient shall be entitled to bedischarged from a treatment facility, by the head of thetreatment facility, by no later than the third day, excludingSaturdays, Sundays and holidays, after receipt of the patient'swritten request for discharge. If the voluntary patient is apatient in a state psychiatric hospital, that hospital shallimmediately give either oral or facsimile notice to theparticipating mental health center serving the area where thepatient intends to reside and shall consider any recommendationsfrom that mental health center which may be received prior to thetime set for discharge as specified in the notice.
(b) (1) If the voluntary patient is an adult admitted uponthe application of a legal guardian or pursuant to an order ofthe court issued pursuant to K.S.A. 59-3077, andamendmentsthereto, any request for discharge must be made, in writing, bythe legal guardian.
(2) If the voluntary patient is a minor, the writtenrequest for discharge shall be made by the child's parent orlegal guardian except if the minor was admitted upon their ownwritten application to become a voluntary patient made pursuantto K.S.A. 59-2949 and amendments thereto, then the minormay make the request. In the case of a minor 14 or more years ofage who had made written application to become a voluntarypatient on their own behalf and who has requested to bedischarged, the head of the treatment facility shall promptlyinform the child's parent, legal guardian, or other person knownto the head of the treatment facility to be interested in thecare and welfare of the minor of the minor's request fordischarge.
History: L. 1996, ch. 167, § 7;L. 2002, ch. 114, § 65; July 1.