(a) No petition of commitment is necessary if the person is treated and released within five days by the medical practitioner or the hospital or facility. The medical practitioner shall still treat the person, and if the medical practitioner determines that person is no longer a threat to himself or others or property, the medical practitioner may release the person.(1) Prior to release, a treatment plan and referral to the Department of Health, Division of Behavioral Health must be prepared.(2) The person must be returned to the person’s residence. If the person has no residence, a referral must be made to the Department of Human Services.(3) Notwithstanding the discretion of the medical practitioner, no person may be released who may be a threat to his person, others, or property.
(1) Prior to release, a treatment plan and referral to the Department of Health, Division of Behavioral Health must be prepared.
(2) The person must be returned to the person’s residence. If the person has no residence, a referral must be made to the Department of Human Services.
(3) Notwithstanding the discretion of the medical practitioner, no person may be released who may be a threat to his person, others, or property.
(b) A Petition of Commitment is needed if it is determined by the medical practitioner that the person requires more than five days for observation, evaluation, diagnosis and care. The Department of Health, Division of Behavioral Health must be notified, and the treating facility shall file, at the Superior Court, an application/petition for commitment not later than seventy-two hours after notification.