2005 Idaho Code - 66-320 — RIGHT TO RELEASE ON APPLICATION -- EXCEPTIONS

                                  TITLE  66
                        STATE CHARITABLE INSTITUTIONS
                                  CHAPTER 3
                       HOSPITALIZATION OF MENTALLY ILL
    66-320.  RIGHT TO RELEASE ON APPLICATION -- EXCEPTIONS. (a) A voluntary
patient admitted in accordance with the procedure outlined in section 66-318,
Idaho Code, who requests his release or whose release is requested, in
writing, by his legal guardian, parent, spouse, or adult next of kin shall be
released except that:
    (1)  if the patient was admitted on his own application and the request
    for release is made by a person other than the patient, release may be
    conditioned upon the agreement of the patient thereto, and
    (2)  if the patient, by reason of his age, was admitted on the application
    of another person, his release prior to becoming sixteen (16) years of age
    may be conditioned upon the consent of his parent or guardian, or
    (3)  if the director of the facility determines that the patient should be
    hospitalized under the provisions of this chapter, the patient may be
    detained up to three (3) days, excluding Saturdays, Sundays and legal
    holidays, for the purpose of examination by a designated examiner and the
    filing of an application for continued care and treatment.
    (b)  Notwithstanding any other provision of this chapter, judicial
proceedings authorized by this chapter shall not be commenced with respect to
a voluntary patient unless release of the patient has been requested by
himself or the individual who applied for his admission.
    (c)  The date and time of any request for release under this section shall
be entered in the patient's clinical record. If the request for release is
denied, the reasons for denial also shall be entered in the patient's clinical
record.
    (d)  A patient admitted for examination pursuant to section 20-520 or
18-211, Idaho Code, may not be released except for purposes of transportation
back to the court ordering, or party authorizing, the examination.