Rule Text
A. No director of a treatment facility shall prohibit any minor with mental illness or minor suffering from substance abuse from applying for conversion of involuntary or emergency admission status to voluntary admission status.
B. Any minor patient on an involuntary admission status shall have the right to apply for a writ of habeas corpus to have his admission status changed to voluntary status.
Amendment history: Acts 1991, No. 235, §14, eff. Jan. 1, 1992; Acts 2014, No. 811, §33, eff. June 23, 2014.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If a minor is in a mental health or substance abuse treatment facility on an involuntary basis (meaning they were admitted without choosing to go), they still have the right to ask to switch to voluntary status. The facility's director cannot stop them from applying to make this change. This gives minors some control over their own treatment status, even if they didn't choose to be admitted in the first place.
If the facility does not allow the minor to switch to voluntary status, the minor can take legal action. They have the right to file what's called a writ of habeas corpus, which is a legal request asking a court to review their situation. Through this process, a minor can ask a judge to change their admission status from involuntary to voluntary. This rule exists to make sure minors are not stuck in involuntary status without any way to challenge it.