633.140. Return of absentee, procedure.

Return of absentee, procedure.

633.140. 1. If any resident leaves a mental retardationfacility without authorization, the sheriff of the county wherethe resident is found shall apprehend and return him to thecenter if requested to do so by the head of the facility.

2. The head of the facility may request the return of anabsent resident pursuant to subsection 1 of this section onlywhen one of the following circumstances exists:

(1) The resident is a minor whose admission was applied forby his parent or legal custodian, and such parent or guardian hasnot requested the resident's release;

(2) The resident is a minor under the jurisdiction of thejuvenile court;

(3) The resident has been declared legally incapacitated andhis guardian has not requested his release; or

(4) The resident's condition is of such a nature that, forthe protection of the resident or others, the head of thefacility determines that the resident's return to the facility isnecessary. Such determination shall be noted in the resident'srecords.

(L. 1980 H.B. 1724, A.L. 1983 S.B. 44 & 45)