MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Senator(s) Carlton

AN ACT TO AMEND SECTION 41-21-103, MISSISSIPPI CODE OF 1972, TO REVISE THE AGE FOR VOLUNTARY COMMITMENT OF A CHILD BY THE CHILD'S PARENT OR GUARDIAN; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-21-103, Mississippi Code of 1972, is amended as follows:

41-21-103. (1) Unless he or she has a legal guardian or conservator, a married person or a person eighteen (18) years of age or older may be admitted to a treatment facility as a voluntary admittee for treatment provided the director deems such person suitable for admission, upon the filing of an application with said director, accompanied by certificates of two (2) physicians or by one (1) physician and one (1) psychologist who certify that they have examined the person within the last five (5) days and that such person is in need of observation, diagnosis and treatment. The director may accept applications from the person seeking admission or any interested person with the applicant's written consent.

(2) A mentally retarded person who is under the age of eighteen (18) years and who is not married may be admitted to a treatment facility upon application of his or her parent or legal guardian if the following has occurred:

(a) An investigation by the director which carefully probes the person's social, psychological and developmental background; and

(b) A determination by the director that the person will benefit from care and treatment of his disorder at the facility and that services and facilities are available. The reasons for the determination shall be recorded in writing.

(3) A mentally retarded or mentally ill person who is married or eighteen (18) years of age or older and who has a legal guardian or conservator may be admitted to a treatment facility upon application of his or her legal guardian or conservator if authorization to make such application has been received from the court having jurisdiction of such guardianship or conservatorship and the following has occurred:

(a) An investigation by the director which carefully probes the person's social, psychological and developmental background; and

(b) A determination by the director that the person will benefit from care and treatment of his disorder at the facility and that services and facilities are available. The reasons for the determination shall be recorded in writing.

(4) A mentally ill person who is under the age of seventeen (17) years may be admitted to a treatment facility upon the application of his or her parent or legal guardian if the following has occurred:

(a) An investigation by the director which carefully probes the person's social, psychological and developmental background; and

(b) A determination by the director that the person will benefit from care and treatment of his disorder at the facility and that services and facilities are available. The reasons for the determination shall be recorded in writing.

(5) A mentally ill person who is seventeen (17) years of age * * * may be admitted to a treatment facility in the same manner as an adult may be involuntarily committed.

(6) Any voluntary admittee may leave a treatment facility after five (5) days, excluding Saturdays, Sundays and holidays, after he gives any member of the treatment facility staff written notice of his desire to leave, unless prior to leaving, the patient withdraws such notice by written withdrawal or unless within said five (5) days a petition and the certificates of two (2) examining physicians, or one (1) physician and one (1) psychologist, stating that the patient is in need of treatment, are filed with the chancery clerk in the county of the patient's residence or the county in which the treatment facility is located, provided that if the admittee is at Mississippi State Hospital at Whitfield such petition and certificates shall be filed with the chancery clerk in the county of patient's residence or with the Chancery Clerk for the First Judicial District of Hinds County, and the chancellor or clerk shall order a hearing pursuant to Sections 41-21-61 through 41-21-107. The patient may continue to be hospitalized pending a final order of the court in the court proceedings. The custodial parent, legal guardian, relative or attorney who accompanied the patient to the treatment facility will be notified if any voluntary admittee gives written notice of his desire for discharge.

(7) The written application form for voluntary admission shall contain in large, bold-face type a statement in simple, nontechnical terms that the admittee may not leave for five (5) days, excluding Saturdays, Sundays and holidays, after giving written notice of his desire to leave. This right to leave must also be communicated orally to the admittee at the time of his admission, and a copy of the application form given to the admittee and to any parent, guardian, relative, attorney or friend who accompanied the patient to the treatment facility.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.