610

LAWS OF MARYLAND

Ch. 21

RELEASE, UNLESS THE ADMISSION STATUS OF THE INDIVIDUAL HAS
BEEN CHANGED TO AN INVOLUNTARY ADMISSION.

(C) SAME -- MINORS.

A MINOR WHO HAS BEEN ADMITTED VOLUNTARILY, ON THE
APPLICATION OF A PARENT OR GUARDIAN OF THE MINOR, MAY NOT BE
HELD FOR MORE THAN 3 DAYS AFTER THE APPLICANT FOR THE
ADMISSION ASKS FOR RELEASE, UNLESS THE ADMISSION STATUS OF
THE MINOR HAS BEEN CHANGED TO AN INVOLUNTARY ADMISSION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59, § 11(e), (g), the third sentence of (c), and
the third sentence of (d).

As to formal applications and informal requests
for voluntary admissions, see §§ 10-609 and

10-610 of this title.

Defined terms: "Admission" § 10-101
"Release" § 10-801 "Treatment" § 10-101

10-804. HABEAS CORPUS.

(A)  RIGHT OF INDIVIDUAL.

ANY INDIVIDUAL WHO HAS BEEN ADMITTED TO A FACILITY OR
VETERANS' ADMINISTRATION HOSPITAL OR ANY PERSON ON BEHALF OF
THE INDIVIDUAL MAY APPLY AT ANY TIME TO A COURT OF COMPETENT
JURISDICTION FOR A WRIT OF HABEAS CORPUS TO DETERMINE THE
CAUSE AND THE LEGALITY OF THE DETENTION.

(B)  RIGHT OF ADMINISTRATION.

THE DIRECTOR, IN THE NAME OF THE ADMINISTRATION, MAY
MAKE AN APPLICATION FOR A WRIT OF HABEAS CORPUS TO DETERMINE
WHETHER A FACILITY PROPERLY ADMITTED OR PROPERLY HOLDS AN
INDIVIDUAL. THE STATE'S ATTORNEY FOR THE COUNTY WHERE THE
FACILITY IS LOCATED OR THE INDIVIDUAL IS A RESIDENT, ON
BEHALF OF THE ADMINISTRATION, SHALL FILE THE APPLICATION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59, § 14.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that a similar provision in § 7-704 of this
article, as to release from a mental retardation
facility, provides for the Attorney General to
file the application and specifies that it is to
be filed in the circuit court for the county
where the facility is located.