§ 122C-242. Discharges. - North Carolina Statutes

§122C‑242.  Discharges.

(a)        Except as providedin subsections (b) through (d) of this section, discharges from facilities forindividuals with developmental disabilities are made upon request of theindividual authorized in G.S. 122C‑241(a) to make application foradmission or by the director of the facility.

(b)        Any adult who hasnot been declared incompetent and who is admitted to a 24‑hour facilityshall be discharged upon his own request, unless the director of the facilityhas reason to believe that the adult is endangering himself by the discharge.In this case the individual may be held for a period not to exceed five dayswhile the director petitions for the adjudication of incompetency of theindividual and the appointment of an interim guardian under Chapter 35A of theGeneral Statutes.

(c)        Any individualadmitted to a 24‑hour facility may be discharged when in the judgment ofthe director of the facility the individual is no longer in need of care,treatment, habilitation or rehabilitation by the facility or the individualwill no longer benefit from the service available. In the case of an area orState facility rules adopted by the Commission or by the Secretary inaccordance with G.S. 122C‑63 shall be followed.

(d)        When the individualto be discharged from an area or State 24‑hour facility is a resident ofa single portal area, the discharge shall follow the procedures described inthe area plan. (1963, c. 1184, s. 6; 1973, c. 476, s. 133; 1983, c.383, s. 8; 1985, c. 589, s. 2; 1989, c. 625, s.22; 1989 (Reg. Sess., 1990), c.1024, s. 26(c).)