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<section article="ghg" article_name="Health - General" number="10-806" title_number="10" title_name="Mental Health Law" subtitle_number="8" subtitle_name="Release and Transfers">
  <level label="a">
    <text>In this section, “responsible official” means:</text>
    <level label="1">
      <text>If the individual is held in a Veterans’ Administration hospital, the chief officer of the Veterans’ Administration hospital; or</text>
    </level>
    <level label="2">
      <text>If the individual is held in any other facility, the Director or the administrative head of the facility.</text>
    </level>
  </level>
  <level label="b">
    <text>At the direction of the responsible official, an individual who has been admitted under this title shall be released from a facility or a Veterans’ Administration hospital if the individual:</text>
    <level label="1">
      <text>Does not have a mental disorder; or</text>
    </level>
    <level label="2">
      <text>Has a mental disorder but:</text>
      <level label="i">
        <text>Does not need inpatient medical care or treatment to protect the individual or another;</text>
      </level>
      <level label="ii">
        <text>Would not endanger the individual or the person or property of another; and</text>
      </level>
      <level label="iii">
        <text>Would be cared for properly by the individual or by a responsible person who is able and willing to care for the individual.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>Certifies that the individual:</text>
        <level label="1">
          <text>Would not endanger the individual or the person or property of another; and</text>
        </level>
        <level label="2">
          <text>Could live in the community with appropriate assistance under the protective services program provided for in § 14–201 of the Family Law Article; and</text>
        </level>
      </level>
      <level label="ii">
        <text>Notifies the provider of the protective services and the local department of social services in the county where the individual would live.</text>
      </level>
    </level>
    <level label="2">
      <text>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:</text>
      <level label="i">
        <text>Would be cared for properly by the individual or by a responsible person who is able and willing to care for the individual; and</text>
      </level>
      <level label="ii">
        <text>Would not endanger the individual or the person or property of another.</text>
      </level>
    </level>
    <level label="3">
      <text>The responsible official may set the conditions for release that the responsible official considers reasonable. The conditions may relate to:</text>
      <level label="i">
        <text>The duration of the release; or</text>
      </level>
      <level label="ii">
        <text>Care or treatment during release.</text>
      </level>
    </level>
    <level label="4">
      <text>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:</text>
      <level label="i">
        <text>The Behavioral Health Administration shall provide community mental health services that are suitable to the needs of the individual;</text>
      </level>
      <level label="ii">
        <text>The Division of Rehabilitation Services shall provide, to individuals determined to be eligible, vocational rehabilitation services and occupational placement opportunities consistent with the assessed needs and abilities of the individual; and</text>
      </level>
      <level label="iii">
        <text>The Department of Human Services shall provide needed case management services and shall make arrangements for housing suitable to the needs of the individual.</text>
      </level>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
  </level>
  <level label="d">
    <text>A facility shall release an individual who has been admitted to the facility within 1 year after the admission if, before the expiration of that 1–year period:</text>
    <level label="1">
      <text>The individual, whether admitted on a formal, written application or on informal request, does not execute a new application for the voluntary admission;</text>
    </level>
    <level label="2">
      <text>The parent or guardian does not execute a new request for the voluntary admission of the minor individual; or</text>
    </level>
    <level label="3">
      <text>The physician and psychologist or 2 physicians do not execute the new certificates required for involuntary admission of the individual.</text>
    </level>
  </level>
  <level label="e">
    <text>Each determination on any release of an individual, whether full or conditional, including a summary of the reasons for the determination, shall be made a permanent part of the individual’s record.</text>
  </level>
</section>
