{"data":{"id":"us-nc/n.c.-gen.-stat.-122c-242","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 122C-242","heading":"Discharges.","body":"(a)\tExcept as provided in subsections (b) through (d) of this section, discharges from facilities for individuals with developmental disabilities are made upon request of the individual authorized in G.S. 122C-241(a) to make application for admission or by the director of the facility.\n(b)\tAny adult who has not been declared incompetent and who is admitted to a 24-hour facility shall be discharged upon his own request, unless the director of the facility has reason to believe that the adult is endangering himself by the discharge. In this case the individual may be held for a period not to exceed five days while the director petitions for the adjudication of incompetency of the individual and the appointment of an interim guardian under Chapter 35A of the General Statutes.\n(c)\tAny individual admitted to a 24-hour facility may be discharged when in the judgment of the director of the facility the individual is no longer in need of care, treatment, habilitation or rehabilitation by the facility or the individual will no longer benefit from the service available. In the case of an area or State facility rules adopted by the Commission or by the Secretary in accordance with G.S. 122C-63 shall be followed.\n(d)\tWhen the individual to be discharged from an area or State 24-hour facility is a resident of a single portal area, the discharge shall follow the procedures described in the area plan. (1963, c. 1184, s. 6; 1973, c. 476, s. 133; 1983, c. 383, s. 8; 1985, c. 589, s. 2; 1989, c. 625, s.22; 1989 (Reg. Sess., 1990), c. 1024, s. 26(c).)","path":["Chapter 122C. Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985.","Article 5. Procedure for Admission and Discharge of Clients.","Part 5. Voluntary Admissions and Discharges, Minors and Adults, Facilities for Individuals with Developmental Disabilities."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_122C/GS_122C-242.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:19:22Z","sha256":"375f59f8d14450d63c6c8128035b47bfe61ab602de392d7ed22af4e2e7e0798a","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-122c-241","next":"us-nc/n.c.-gen.-stat.-122c-243-through-122c-250"},"notice":"GroundRules: Original legal text. Not legal advice."}