New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-M - Former Division of Mental Health and Developmental Services
Chapter He-M 500 - DEVELOPMENTAL SERVICES
Part He-M 528 - CONDITIONAL DISCHARGE FROM A DESIGNATED RECEIVING FACILITY FOR DEVELOPMENTAL SERVICES
Section He-M 528.03 - Grant of Conditional Discharge

Universal Citation: NH Admin Rules He-M 528.03

Current through Register No. 40, October 3, 2024

(a) A recommendation for conditional discharge of a person shall be made by the DRF administrator to the bureau administrator only after the following actions have been taken:

(1) A multi-level review has occurred that:
a. Incorporates:
1. Clinical input;

2. Individual input; and

3. With the consent of the individual or his or her guardian, the individual's family's input; and

b. Involves DRF staff and the staff of the accepting area agency;

(2) The DRF staff and accepting area agency concur that the supervision, treatment, and other services that the individual needs can be provided by the accepting area agency; and

(3) The executive director of the area agency where the individual will reside following conditional discharge has certified that the supervision, treatment, and other services that the individual requires will be provided.

(b) The DRF administrator shall, with the prior approval of the bureau administrator, grant a conditional discharge to a person who has been involuntarily admitted to the DRF pursuant to RSA 171-B:12 when the following criteria have been met:

(1) The person's potential for danger to others can be adequately mitigated through provision of ongoing care including environmental modifications and staff supervision;

(2) A recommendation for conditional discharge of the person has been made in accordance with the procedures in (a) above; and

(3) The person makes an informed decision to agree to the conditions and terms of conditional discharge, including any requirement for participation in continuing treatment in the community, and agrees to be subject to the provisions of RSA 171-A:23 and He-M 528.

(c) Prior approval shall be given verbally or in writing, after consideration of the facts upon which the conditional discharge was based, if the bureau administrator determines that the criteria identified in (b) above have been met.

(d) The DRF administrator shall:

(1) Inform the person and his or her guardian, if any, orally and in writing, in clear and understandable language, of:
a. The terms and conditions of discharge; and

b. The criteria and process for revocation of conditional discharge; and

(2) Document the person's consent to the elements discussed pursuant to (1) above.

(e) The term of conditional discharge of a person from a DRF granted under He-M 528 shall not exceed the period of time remaining on the person's order of involuntary admission made pursuant to RSA 171-B:12.

(f) A conditional discharge may be:

(1) Made absolute in accordance with He-M 528.04;

(2) Revised in accordance with the provisions of He-M 528.06; or

(3) Revoked in accordance with He-M 528.07.

#6215, eff 3-30-96, EXPIRED: 12-31-98

New. #7063, eff 7-24-99, EXPIRED: 7-24-07

New. #9061, eff 1-3-08

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