Rule 15-601. Judicial Release of Individuals Confined for Mental Disorders

(a) Statutory Definitions. The definitions stated in Code, Health-General Article, § 10-101 are applicable to this Rule except that in this Rule, the term “facility” includes hospitals operated by the Department of Veterans Affairs. (b) Applicability. This Rule applies to petitions filed pursuant to Code, Health-General Article, § 10-805 for release from a facility. (c) Contents of Petition. A petition for judicial release of a patient from a facility treating or caring for patients with mental disorders shall be titled “In the Matter of _______________ for the Judicial Release From __________”. The petition shall comply with Rules 2-303 through 2-305 and shall set forth: (1) the name and address of the petitioner; (2) the name of the patient and the facility at which the patient is confined; (3) if the petition is filed by a person other than the patient, the petitioner's relationship to the patient and a description of the interest of the petitioner in the welfare of the patient; (4) petitioner's best information as to the date of admission of the patient to the facility; (5) whether the admission was voluntary or involuntary; (6) the ground upon which the release is requested, which shall be that at the time the petition is filed one of the following is true: (A) the patient has no mental disorder; or (B) if the patient has a mental disorder, the disorder does not require inpatient medical care or treatment for the protection of the patient or others; (7) a statement to the best of the petitioner's knowledge as to whether there were previous proceedings for the judicial release of the patient and, if so, a description of the proceedings, including a docket reference and any outcome; and (8) if a jury trial is desired, a request for jury trial in the form prescribed in Rule 2-325.