Page:United States Statutes at Large Volume 76A.djvu/451

–355– -355§ 1635. Right to discharge on application; emergency detention (a) An individual after 30 days following admission to a hospital pursuant to section 1632(1) of this title, or an individual admitted to a hospital pursuant to section 1632(2) or 1633 of this title, shall be forthwith discharged therefrom upon his request or upon the request in writing of an interested party or peace officer, and notice of discharge shall be given as prescribed in section 1649 of this title, except that: (1) if admitted pursuant to section 1632(1) of this title, his discharge may be conditioned upon his agreement; (2) if under 21 years of age and admitted pursuant to section 1632(1) of this title, his discharge prior to becoming 21 years of age may be conditioned upon the consent of his parent or guardian; (3) if the head of the hospital, within 48 hours from the receipt of the rec[uest, files with a judge of the district court a certification that in his opinion the discharge of the patient would be unsafe to the patient or others, the discharge may be postponed for a period not to exceed 5 days for the commencement of commitment proceedings pursuant to section 1637 of this title; and if the judge of the district court finds that, because of existing circumstances, proceeding for judicial hospitalization cannot reasonably be instituted in such time, the discharge may be postponed for a period not to exceed 15 days. (b) The head of the hospital shall provide reasonable means and arrangements for informing patients of their ri^ht to discharge, as provided by this section and other sections of this chapter, and for assisting them in making and presenting requests for discharge. § 1636. Petition for judicial determination A patient hospitalized pursuant to section 1632, 1633, or 1637 of this title may have the need for his continued hospitalization determined or redetermined on his own petition or that of an interested party to the judge of the district court. Upon receipt of the petition, the court shall conduct proceedings in accordance with section 1637 of this title, except that the proceedings need not be conducted if the petition is filed sooner than: (1) 6 months after the issuance of an order of hospitalization pursuant to section 1637 of this title; or (2) 1 year after the filing of a previous petition under this section; or (3) 30 days after the voluntary application and admission of a patient. § 1637. Hospitalization upon court order; judicial procedure; not adjudication of legal incompetency (a) An interested party, a licensed physician, a peace officer, the head of an institution in which the individual may be hospitalized, or the health director may, by filing an application with a judge of the district court, commence proceedings for the hospitalization of an individual by judicial commitment. (b) Upon receipt of an application, the judge of the district court shall give notice thereof to the proposed patient, to his legal guardian, if any, and to one or more of the other interested parties, if any. (c) As soon as practicable after notice of the commencement of proceedings is given, the court shall appoint two designated examiners to examine the proposed patient and to report to the court their findings as to the mental condition of the patient and his need for care or treatment in a hospital. The court may consider the choice of the patient in appointing the examiners. If the designated examiners report that the

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