222.43  Grounds.

Discharges and modifications of orders may be made on any of the following grounds:

1.  That the person adjudged to be mentally retarded is not mentally retarded.

2.  That the person adjudged to be mentally retarded has improved as to be capable of self care.

3.  That the relatives or friends of the person with mental retardation are able and willing to support and care for the person with mental retardation and request the person's discharge, and in the judgment of the superintendent of the institution or resource center having charge of the person, no harmful consequences are likely to follow such discharge.

4.  That, for any other cause, said discharge should be made or such modification should be entered.

Petitions for discharge or modification of an order of commitment to a special unit may be made upon any of the foregoing grounds, when applicable.

Section History: Early form

  [C24, 27, 31, 35, 39, § 3440; C46, 50, 54, 58, 62, § 222.30; C66, 71, 73, 75, 77, 79, 81, § 222.43]

Section History: Recent form

  96 Acts, ch 1129, §113; 2000 Acts, ch 1112, §51


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