(a) The qualified mental health professional shall release the person and notify the court of the basis for the release, if the qualified mental health professional determines that:

Terms Used In Tennessee Code 33-6-614

  • Mental illness: means a psychiatric disorder, alcohol dependence, or drug dependence, but does not include intellectual disability or other developmental disabilities as defined in title 52. See Tennessee Code 33-1-101
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Qualified mental health professional: means a person who is licensed in the state, if required for the profession, and who is a psychiatrist. See Tennessee Code 33-1-101
  • Serious emotional disturbance: means a condition in a child who currently or at any time during the past year has had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet psychiatric diagnostic criteria that results in functional impairment that substantially interferes with or limits the child's role or functioning in family, school, or community activities and includes any mental disorder, regardless of whether it is of biological etiology. See Tennessee Code 33-1-101
(1) The person with mental illness or serious emotional disturbance is in compliance with the treatment plan; or
(2) The person is out of compliance for good cause, is put in compliance immediately, and can be expected to stay in compliance without further hospitalization.
(b) The qualified mental health professional shall release the person and notify the court of the basis for the release, if the qualified mental health professional determines that:

(1) The person is out of compliance with the treatment plan without good cause;
(2) The person can be put in compliance with the treatment plan immediately;
(3) The person complies immediately with the treatment plan; and
(4) The person can be expected to stay in compliance without further hospitalization.
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