433A.390 - Release without further order of court; early release; notice to court and legal guardian.
433A.390 Release without further order of court; early release; notice to court and legal guardian.
1. When a client, involuntarily admitted to a mental health facility by court order, is released at the end of the time specified pursuant to NRS 433A.310, written notice must be given to the admitting court and to the client’s legal guardian at least 10 days before the release of the client. The client may then be released without requiring further orders of the court. If the client has a legal guardian, the facility shall notify the guardian before discharging the client from the facility. The legal guardian has discretion to determine where the client will be released, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the client will be released within 3 days after the date of notification, the facility shall discharge the client according to its proposed discharge plan.
2. An involuntarily court-admitted client may be unconditionally released before the period specified in NRS 433A.310 when:
(a) An evaluation team established under NRS 433A.250 or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, determines that the client has recovered from his or her mental illness or has improved to such an extent that the client is no longer considered to present a clear and present danger of harm to himself or herself or others; and
(b) Under advisement from the evaluation team or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, the medical director of the mental health facility authorizes the release and gives written notice to the admitting court and to the client’s legal guardian at least 10 days before the release of the client. If the client has a legal guardian, the facility shall notify the guardian before discharging the client from the facility. The legal guardian has discretion to determine where the client will be released, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the client will be released within 3 days after the date of notification, the facility shall discharge the client according to its proposed discharge plan.
(Added to NRS by 1975, 1607; A 1983, 508; 1989, 1762; 1997, 3496; 1999, 868; 2009, 1668)