New_jersey Statute | Act | Code |Title 30 Institutions And Agencies| US Code - US Statute

30:4-105. Certificate of death or discharge; record Upon the death or discharge of any person committed to any institution in this state under article 3 of this chapter (s. 30:4-23 et seq.), the chief executive officer of the institution shall forward a certificate to the county adjuster of the county in which the final hearing was held, stating the date death occurred, or if discharged, whether the patient was discharged as cured, improved, or unimproved, and such county adjuster shall file such certificate with the clerk of the court of such county, there to be kept and filed with the records of the commitment of the patient to such institution. 30:4-107.1 Release of mentally retarded person; provision of functional services. 75. Whenever a mentally retarded minor or mentally deficient adult is receiving functional services without court order, and is resident at a State school, or private residential institution, or a resource family home, or similar accommodation by arrangement of the commissioner, the commissioner shall cause such mentally retarded person to be released to the immediate custody of his parent or guardian of the person, as the case may be, on written application of said parent or guardian. Release shall be effected as promptly as possible, provided, however, that 48 hours@ notice may be required. The department shall thereafter continue to provide such functional services as may be appropriate, unless functional services are terminated as hereinafter provided in this act. L.1965,c.59,s.75; amended 2004, c.130, s.45. 30:4-107.2. Continuation of functional services after attainment by minor of majority An individual admitted as a minor under Class F, Class G or Class H may continue to receive uninterrupted functional services on and after becoming 21 years of age if: (1) he has been adjudicated mentally deficient and the guardian of his person has filed a written request for continuation of functional service; or (2) he has not been adjudicated mentally deficient and on his own behalf files a request for continuation of functional services. L.1965, c. 59, s. 76. 30:4-107.3. Discharge of persons admitted to and receiving functional services without court order Discharge of individuals admitted to and continuing to receive functional services without an order of the court shall be effected under the following circumstances: (1) upon written application by the parent or guardian of the person of a minor or by the guardian of the person of an adult; (2) upon written application by the mentally retarded person on his own behalf, after receiving services on his own application or request; (3) upon determination by the commissioner or his designated agent that functional services of the department are no longer required; (4) upon attainment of the age of 21 years in the absence of a valid request for continuation of functional services; or (5) upon determination by the commissioner that no condition of mental retardation exists. Discharge of individuals under the circumstances described in class (1) and (2) of this section shall be effected as promptly as practicable, under rules promulgated by the State Board of Control. L.1965, c. 59, s. 77. 30:4-107.4. Discharge of persons admitted to and receiving functional services as result of court order Discharge of individuals admitted to and continuing to receive functional services as a result of an order of court for commitment to custody shall be effected under the following circumstances: (1) upon attainment of age 21, provided that there has been no request for continuation of functional services; (2) upon determination by the commissioner or his designated agent that the circumstances which resulted in the order of commitment no longer justify further care or custody and that no further functional services by the department are required; provided, however, that prior to such discharge the committing court shall be given notice 1 week prior to the proposed action; or (3) by court order. L.1965, c. 59, s. 78. 30:4-107.5. Discharge of persons admitted under Class I Discharge of individuals admitted under Class I shall be accomplished in accordance with the provisions of sections 2A:163-2 and 2A:163-3 of New Jersey Statutes, if applicable, or on order of the commissioner with 30 days prior notice to the committing court, or as the court may direct. L.1965, c. 59, s. 79.

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