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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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