Utah Code 26B-5-341. Release from commitment
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(1)
Terms Used In Utah Code 26B-5-341
- Designee: means a physician who has responsibility for medical functions including admission and discharge, an employee of a local mental health authority, or an employee of a person that has contracted with a local mental health authority to provide mental health services under Section 17-43-304. See Utah Code 26B-5-301
- Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
- Patient: means an individual who is:(20)(a) under commitment to the custody or to the treatment services of a local mental health authority; or(20)(b) undergoing essential treatment and intervention. See Utah Code 26B-5-301
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(1)(a) Subject to Subsection (1)(b), a local mental health authority or the mental health authority’s designee shall release from commitment any individual who, in the opinion of the local mental health authority or the mental health authority’s designee, has recovered or no longer meets the criteria specified in Section 26B-5-332.(1)(b) A local mental health authority’s inability to locate a committed individual may not be the basis for the individual’s release, unless the court orders the release of the individual after a hearing.
(2) A local mental health authority or the mental health authority’s designee may release from commitment any patient whose commitment is determined to be no longer advisable except as provided by Section 26B-5-405, but an effort shall be made to assure that any further supportive services required to meet the patient’s needs upon release will be provided.