Title 10. Mental Health Law — Subtitle 8. Release and Transfers

An individual who has been admitted voluntarily, under a formal written application, may not be held for more than 3 days after the individual asks for release, unless the admission status of the individual has been changed to an involuntary admission.

If the admission status of the individual is changed from a voluntary to an involuntary admission, the facility shall notify the Mental Health Division in the Office of the Public Defender, by e–mail or facsimile, of the involuntary admission within 24 hours after the change in admission status is made.

The individual; or

Any person who has a legitimate interest in the welfare of the individual.

If the individual is in a public facility, the Administration shall be the respondent.

If the individual is in a private facility or a Veterans’ Administration hospital, it shall be the respondent.

Whether the individual has a mental disorder; and

If so, whether the individual needs inpatient medical care or treatment for the protection of the individual or another.

If the trier of fact finds that the individual has a mental disorder and needs inpatient medical care or treatment, the court shall remand the individual to the custody of the facility or Veterans’ Administration hospital.

If the trier of fact finds that the individual does not have a mental disorder or has a mental disorder, but does not need inpatient medical care or treatment, the individual shall be released from the facility or Veterans’ Administration hospital.

After a determination on the merits of a petition filed under this section, a court may not hear a later petition for the individual within 1 year after that determination, unless the petition is accompanied by a valid affidavit that the court, after review of the petition and affidavit, determines to show an improvement in the mental condition of the individual after the determination.

An affidavit is not valid if executed by an individual under care or treatment in a facility or Veterans’ Administration hospital.

If the matter is reopened, the petition shall be heard as provided in this section.

If the affidavit does not show improvement in the individual’s mental condition, the petition shall be dismissed.

If the individual is held in a Veterans’ Administration hospital, the chief officer of the Veterans’ Administration hospital; or

If the individual is held in any other facility, the Director or the administrative head of the facility.

Does not have a mental disorder; or

Has a mental disorder but:

At the direction of the responsible official, any individual who has been admitted under this title shall be released conditionally from a State facility within 2 weeks after the responsible official, with the written consent of the individual:

At the direction of the responsible official, any individual who has been admitted under this title may be released conditionally from a facility other than a State facility or from a Veterans’ Administration hospital, if, in the judgment of the responsible official, the individual:

The responsible official may set the conditions for release that the responsible official considers reasonable. The conditions may relate to:

As resources allow, services shall be provided to individuals released from a State facility in accordance with the aftercare plan required by § 10–809 of this subtitle, as follows:

For purposes of annual examination and execution of new admission documents, an individual released conditionally is considered to be held by the facility or Veterans’ Administration hospital from which the individual was released.

The individual, whether admitted on a formal, written application or on informal request, does not execute a new application for the voluntary admission;

The parent or guardian does not execute a new request for the voluntary admission of the minor individual; or

The physician and psychologist or 2 physicians do not execute the new certificates required for involuntary admission of the individual.

The individual either can receive better care or treatment in or would be more likely to benefit from care or treatment at the Clifton T. Perkins Hospital Center; or

The safety or welfare of other individuals would be furthered.

Prior to transferring an individual from a public facility to the Clifton T. Perkins Hospital Center, the Director shall give the individual notice and an opportunity for a hearing before the Office of Administrative Hearings, unless the Director finds that an emergency requires the immediate transfer of the individual.

If the Director determines that an emergency requires the immediate transfer of an individual, the individual may be transferred to the Clifton T. Perkins Hospital Center if the Administration:

A hearing requested by an individual under paragraph (1) of this subsection shall be convened at the public facility within 30 calendar days after the individual received notice of the transfer.

Any finding that the Director makes under this section shall be in writing and filed with the records of the individual involved.

A copy of the finding and the notice to the facility to which the individual is being transferred shall be sent to the guardian or other legal representative of the individual.

In effecting a transfer of an individual from a unit in a public facility to another unit in the facility or to another public facility, the transferring facility shall provide for the transfer of all the records necessary for continuing the care of the individual on or before the date of transfer to the facility to which the individual is being transferred.

This subsection is not intended to preempt the requirements of § 10–625 of this title.

An ambulance attendant or other individual who is authorized by the facility and is of the same sex. However, the chief executive officer of the facility or that officer’s designee may designate an ambulance attendant or other person of either sex to provide transportation to an individual, if deemed appropriate; or

The parent, spouse, domestic partner, adult sibling, or adult offspring of the individual.

The Director may transfer an individual from a facility to a Veterans’ Administration hospital in this State, if the individual is entitled to benefits in that hospital.

After the transfer, the chief officer of the Veterans’ Administration hospital has all the powers and rights of the Administration as to that individual.

If a court of competent jurisdiction of any other state commits an individual to a federal agency for care or treatment, the commitment judgment or order affects the individual, while the individual is in this State, to the extent that the judgment or order would affect the individual in the other state.

The courts of the committing state have continuing jurisdiction over the committed individual to inquire into the mental condition of that individual and determine the need to continue commitment.

Retention, custody, transfer, parole, and release of the committed individual are governed by the law of the committing state.

The administrative head of a facility may transfer any individual to a federal agency for care or treatment if the federal agency certifies that facilities are available for the individual and that the individual is eligible for care or treatment.

The facility shall give a proper officer of the court that ordered commitment notice of the transfer when it is made.

An individual may not be transferred under this subsection if the individual is confined under a conviction of a crime or if the individual is committed under Title 12 of this article unless, after appropriate motion and hearing, the court or other authority that committed the individual orders the transfer.

Except as otherwise provided in this section, before a facility releases an individual who has been accepted as a resident in the facility, the administrative head of the facility or a designee of the administrative head shall:

If the individual requests assistance in making an advance directive for mental health services, the facility shall assist the individual in making the advance directive or refer the individual to an appropriate community resource to assist the individual in making the advance directive.

When the administrative head of the facility or the designee of the administrative head refers the individual to an appropriate community resource under paragraph (2) of this subsection, the administrative head or designee shall notify the community resource of the name of and other available nonconfidential identifying information about the individual that has been referred to the community resource and of the individual’s interest in making an advance directive for mental health services.

The Department shall provide training, sample forms, and information on advance directives for mental health services to assist facilities in compliance with this section.

In this subsection, “aftercare services” means services:

“Aftercare services” include:

The aftercare plan shall be prepared in collaboration with community programs and government agencies that are to provide aftercare services to the individual after release.

The aftercare plan shall include:

The Secretary shall periodically review selected aftercare plans and make a determination if the services included in the aftercare plans are meeting the needs of the particular individuals.

The Secretary shall designate an existing employee within the Department whose primary function is to help coordinate the Department’s programs and services aimed at the prevention of homelessness to mentally ill individuals.

If the individual does not consent to an aftercare plan, a statement to this effect signed by the individual or a parent, guardian, or other representative of the individual shall be placed in the individual’s record.

With the consent of the individual, and before an individual who had been accepted as a resident in the facility is released from a facility, the staff of the facility shall assist the individual or the parent, guardian, or other representative of the individual in applying for the federal and State benefits for which the individual may be eligible.

The Behavioral Health Administration; or

The Developmental Disabilities Administration.