(a) A voluntary patient shall be entitled to be discharged from a treatment facility, by the head of the treatment facility, by no later than the third day, excluding Saturdays, Sundays and holidays, after receipt of the patient’s written request for discharge. If the voluntary patient is a patient in a state psychiatric hospital, that hospital shall immediately give either oral or facsimile notice to the participating mental health center serving the area where the patient intends to reside and shall consider any recommendations from that mental health center which may be received prior to the time set for discharge as specified in the notice.

(b) (1) If the voluntary patient is an adult admitted upon the application of a legal guardian or pursuant to an order of the court issued pursuant to Kan. Stat. Ann. § 59-3077, and amendments thereto, any request for discharge must be made, in writing, by the legal guardian.

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(2) If the voluntary patient is a minor, the written request for discharge shall be made by the child’s parent or legal guardian except if the minor was admitted upon their own written application to become a voluntary patient made pursuant to Kan. Stat. Ann. §§ 59-2949 and amendments thereto, then the minor may make the request. In the case of a minor 14 or more years of age who had made written application to become a voluntary patient on their own behalf and who has requested to be discharged, the head of the treatment facility shall promptly inform the child’s parent, legal guardian, or other person known to the head of the treatment facility to be interested in the care and welfare of the minor of the minor’s request for discharge.