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§43A-7-102.
§43A-7-102.
A. Any person detained or voluntarily or involuntarily committed for
treatment pursuant to the provisions of the Mental Health Law shall be
provided with discharge planning and assistance by the facility where
detained or treated. Discharge planning and assistance shall include,
but not be limited to, the following:
1. Return of all personal possessions to the person, upon discharge,
except contraband considered illegal;
2. Transportation assistance; and
3. The assignment of a case manager and the completion of a discharge
plan as provided by subsection B of this section.
B. A discharge plan shall be completed for and a case manager shall be
assigned to every person to be discharged from a facility operated by
the Department of Mental Health and Substance Abuse Services or an
agency which provides services pursuant to a contract with the
Department.
1. The case manager shall:
a. be assigned prior to the time of discharge and by completion of the
discharge plan, and
b. be responsible for maintaining regular periodic contact with the
discharged person, and with the family of the discharged person or
other person interested in the welfare of the discharged person.
2. Discharge planning and the discharge plan shall include, but not be
limited to:
a. housing information and referral, a location, approved by the
Department, where the patient will reside, provided, the Department
shall give preference to discharge to an appropriate verifiable
address, and, as necessary, placement assistance pursuant to Section
7-104 of this title,
b. planning for outpatient treatment, as appropriate, including but
not limited to an initial appointment for outpatient services and a
treatment plan. Sufficient medication to enable the person to be
discharged to continue the course of medication prescribed for such
person until such appointment shall be provided to the person being
discharged at the time of discharge, and
c. provision of the information in the discharge plan required by this
subsection to the patient in writing after such information has been
fully explained to the person being discharged. The plan shall be
signed by the person being discharged and by the person explaining the
plan upon completion of a verbal explanation of such plan and shall be
signed in the presence of a family member of the person being
discharged, or other person interested in the welfare of the person
being discharged. The original copy of the plan shall become a part of
the official discharge papers of the patient and shall be kept in the
permanent files of the patient. A copy of the signed discharge plan
shall be furnished the person being discharged.
The assigned case manager, or other person designated by the
Department, may provide a family member of the person being
discharged, or other person interested in the welfare of the person
being discharged, with information related to the discharge plan as
necessary, appropriate and in compliance with confidentiality
requirements to enable said family member or other person to assist
with the implementation of and compliance with the treatment plan.
C. If a determination is made that an order for alternative treatment
is necessary, the administrator of the facility in which the person is
receiving inpatient treatment shall:
1. File a petition as provided by Section 5-401 or 9-102 of this title
requesting said order; or
2. Request the court to modify an existing order for involuntary
commitment as provided by Section 5-405 of this title.
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