Right to Release on Application

(a)A voluntary patient who requests his release or whose release is requested, in writing by his legal guardian, parents, spouse, or adult next of kin shall be released forthwith, except that:

(1)If the patient was admitted on his own application and the request for release is made by a person other than the patient, release may be conditioned upon the agreement of the patient thereto; and

(2)If the patient, by reason of his age, was admitted on the application of another person, his release prior to becoming eighteen

(18)years of age may be conditioned upon the consent of his parent or guardian; and

(3)If the qualified mental health professional of the designated facility within forty- eight

(48)working hours from the receipt of the request, files with the Superior Court or a judge thereof, a 72-hour hold certificate, that in his opinion the release of the patient would be unsafe for the patient or others, release may be postponed, pursuant to this Chapter.

(b)Notwithstanding any other provision of this Chapter, judicial proceedings for hospitalization shall not be commenced with respect to a voluntary patient unless release of the patient has been requested by himself or the individual who applied for his admission. COL622016 CH. 82 MENTALLY ILL PERSONS