N.H. Admin. Code § He-M 405.09

Current through Register No. 50, December 12, 2024
Section He-M 405.09 - Discharge Pursuant to Involuntary Emergency Admission
(a) Pursuant to RSA 135-C:32, if a person is a client at a DRF subsequent to an involuntary emergency admission, such involuntary confinement shall be limited to a 10-day period unless a petition for involuntary emergency admission is filed pursuant to RSA 135-C:28 or unless a petition is filed in the probate court within the 10 day period requesting a judicial hearing on the issue of involuntary admission. Subsequent to the filing of such petition, confinement shall continue only until issuance of the probate court order or until such time as is specified in that order.
(b) Pursuant to RSA 135-C:33, any person involuntarily admitted to a DRF on an emergency basis shall be granted discharge by the administrator or his/her designee if the administrator determines that the person no longer meets the criteria for admission identified in RSA 135-C:27.
(c) Discharge shall be made according to the following:
(1) The DRF shall give notice of the discharge to the community mental health program in the region from which the person was admitted and the region to which the person was discharged;
(2) The DRF shall issue written notice to the person discharged and that person's legal guardian, if applicable, or the division for children, youth and families if that division has custody of the person, that notification pursuant to (c)(1) above was made; and
(3) The DRF shall, with the consent of the person admitted, return such person to the place where the person resided at the time the petition and certificate were completed and signed. If the person admitted does not consent to be returned to his or her place of residence, the DRF may agree to provide transportation to another location such as the home of a relative or friend, a peer support agency, or a CMHP.
(d) A client's discharge plan shall include information about community supports such as peer support agencies, the availability of family support and education, and other supportive services such as emergency services, housing supports, and financial services.

N.H. Admin. Code § He-M 405.09

#1806, eff 9-7-81; ss by #2579, Emergency, eff 1-10-84, EXPIRED, 5-11-84

New. #2712, eff 5-16-84, EXPIRED, 5-16-90

New. #5323, eff 1-31-92; ss by #5432, eff 7-1-92; ss by #5581, eff 2-12-93, EXPIRED, 2-12-99

New. #7051, eff 6-29-99, EXPIRED: 6-29-07

New. #10389, INTERIM, eff 8-1-13, EXPIRES: 1-28-14; ss by #10516, eff 1-28-14 (from He-M 405.08 )

Amended by Volume XLII Number 2, Filed January 13, 2022, Proposed by #13299, Effective 12/2/2021, Expires 12/2/2031
Amended by Volume XLI Number 23, Filed June 10, 2021, Proposed by #13212, Effective 5/28/2021, Expires 11/24/2021