632.385. Patient to be placed outside facility, when--conditions--duration--furloughs--modification of orders--notice requirements.
Patient to be placed outside facility,when--conditions--duration--furloughs--modification oforders--notice requirements.
632.385. 1. The head of a mental health facility shallrelease a patient, whether voluntary or involuntary, from thefacility to the least restrictive environment, including referralto and subsequent placement in the placement program of thedepartment, when he believes that such release is in the bestinterests of the patient. Release to the least restrictiveenvironment shall include provisions for continuingresponsibility to and by the facility.
2. Release to the least restrictive environment may beconditioned on the patient receiving outpatient care asprescribed by the head of the mental health facility from whichthe patient is being released. The period of treatment in theleast restrictive environment shall not exceed the period of oneyear.
3. The facility or agency which is to provide treatment inthe least restrictive environment must agree in writing to assumesuch responsibility. A copy of the conditions for release shallbe given to the patient, to the probate division of the circuitcourt having jurisdiction and the mental health facilityproviding treatment.
4. The head of a mental health facility may permit arespondent detained for treatment to leave the facility forprescribed short periods on trial visit during his detentionsubject to conditions prescribed by the head of the mental healthfacility.
5. The head of the mental health facility providingtreatment may modify the conditions for continued release fromthe facility to the least restrictive environment when suchmodification is in the best interest of the patient.Notification of any changes shall be sent to the patient and tothe court within ninety-six hours if the patient is involuntarilydetained under this chapter. Upon a receipt of a notificationreturning the patient to the facility as an inpatient, thecommitting court shall, if necessary, order the sheriff or otherlaw enforcement official to apprehend and transport the patientto the facility. The committing court may, on its own motion orshall upon the respondent's motion, order a hearing to be held onthe need for such change.
(L. 1980 H.B. 1724, A.L. 1988 H.B. 971)