STATE CHARITABLE INSTITUTIONS
HOSPITALIZATION OF MENTALLY ILL
66-342.Change in disposition -- Appeal. (a) Upon the recommendation of a facility director, a dispositioner may redetermine the least restrictive available facility for involuntary patients who are not, at the time of the redetermination, in an inpatient treatment facility. For purposes of this section, a group living setting shall be considered more restrictive than the involuntary patient’s home; a supervised residential facility shall be considered more restrictive than a group living setting; and an inpatient treatment facility shall be considered more restrictive than a supervised residential facility. A facility director may request subsequent redeterminations.
(b) Notice of any change in disposition shall be filed with the committing court and sent to the involuntary patient’s attorney and to either the involuntary patient’s spouse, guardian, adult next of kin or friend.
(c) The involuntary patient may appeal any change in disposition to a more restrictive level of treatment to the committing court or the court in the county where the patient is found within thirty (30) days of notice of the change in disposition. Said court shall consider the treatment and security needs of the involuntary patient and available facilities and may affirm or modify the change in disposition.
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