Health & Benefits

If you are a resident of a state-operated mental health facility, transfers may be allowed but are sometimes prohibited.

The following rules concerning transfers between state-operated facilities apply to both adults and children:

• You should not be transferred to another facility if doing so will have a negative effect on your treatment.
• If you have been a resident of a state-operated mental health facility for 7 or more days, you cannot be transferred to another facility without at least 14 days notice in writing.

Notice of the transfer must be given to

• Your lawyer,
• Your guardian,
• Your spouse,  or
• Your parents if you are a minor.

The notice must include the following information:

• The reasons for the transfer,
• Your right to appeal,
• The availability of assistance from the Guardianship and Advocacy Commission.

In an emergency, you may be transferred without notice. But notice of your rights must then be given within 48 hours after the transfer. 

If an emergency transfer cannot happen within 48 hours after the decision, the transfer will proceed as a non-emergency transfer. This means you must be given prior written notice of your right to object. 

Right to request a transfer

You, or your representative, have the right to request a transfer to another facility. You will need to show that the other facility will provide more appropriate care. The facility director must hold a hearing within 7 days of receiving the request. If it is approved, the hearing committee should recommend transfer within 30 days. If you are denied, you may not apply again for 180 days. However, you may appeal the decision.