reglab/housing_qa huggingface dataset:
TN Code § 33-3-709 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 7 - Judicial Procedures for Review of Transfers|§ 33-3-709. Testimony of Examining Professionals — Depositions and Affidavits

 The testimony of an examining professional may be made by deposition or affidavit only with the consent of the transferee's counsel. If the testimony is given by deposition or affidavit, the court shall make a specific finding of fact that the transferee's counsel has consented, and the transferee's right of cross-examination of the examining professional shall be preserved. If consent is not given for testimony by deposition or affidavit, a professional who would be qualified as an examining professional under the commitment statute may testify instead of an examining professional, if the person has examined the transferee within ten (10) days of the hearing.
TN Code § 33-3-710 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 7 - Judicial Procedures for Review of Transfers|§ 33-3-710. Findings by Court or Jury

 If the court finds by a preponderance of the evidence under the transfer statute that the transferee is subject to transfer or continues to be eligible for care and treatment in a facility to which the person was transferred, the court shall so declare. If the court finds otherwise, the court shall order the person's transfer from the receiving facility to the transferring facility or shall order that the person not be transferred to the proposed facility. Findings of a jury with respect to the transfer criteria shall be reported by special verdict.
TN Code § 33-3-711 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 7 - Judicial Procedures for Review of Transfers|§ 33-3-711. Limitations on Filing Complaint

 No complaint under this part may be filed by or on behalf of a transferee within six (6) months after a hearing on a previous complaint under this part.
TN Code § 33-3-801 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 8 - Habeas Corpus|§ 33-3-801. Right to File for Writ of Habeas Corpus

 Any person with mental illness, serious emotional disturbance, or developmental disability in a public or private residential facility for persons with mental illness, serious emotional disturbance, or developmental disability is entitled to file for a writ of habeas corpus upon petition by the person with mental illness, serious emotional disturbance, or developmental disability or a friend to any court generally empowered to issue the writ of habeas corpus in the county in which the person with mental illness, serious emotional disturbance, or developmental disability is detained.
TN Code § 33-3-802 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 8 - Habeas Corpus|§ 33-3-802. Determination of Mental Condition of Person Seeking Release

 During any proceeding to determine whether to release a person with mental illness, serious emotional disturbance, or intellectual disability seeking release by means of a writ of habeas corpus under this part or § 33-3-101, or otherwise, the court shall also, if the issue is raised in the responsive pleading, determine whether the person seeking release presently has mental illness, serious emotional disturbance, or intellectual disability and meets the standards for involuntary commitment under chapter 6, part 5 of this title, or §§ 33-5-402 and 33-5-403.
TN Code § 33-3-803 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 8 - Habeas Corpus|§ 33-3-803. Disposition of Case

 If the court determines that the person was not admitted or committed under the governing provisions of this title or was not afforded due process of law, but that the person has a mental illness, serious emotional disturbance, or intellectual disability and because of the condition poses a likelihood of serious harm to the person or others as determined under § 33-6-501, the court may order the person returned to the hospital or developmental center where the person was located on the date of filing the petition for not more than fifteen (15) days, exclusive of Saturdays, Sundays or holidays, if, and only if, a petition under §§ 33-5-402 and 33-5-403, or chapter 6, part 5 of this title is filed immediately and is disposed of within fifteen (15) days of the court's order, exclusive of Saturdays, Sundays or holidays, unless the case is continued on request of petitioner; otherwise the person shall be released.
TN Code § 33-3-804 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 8 - Habeas Corpus|§ 33-3-804. Order of Discharge

 If the court ordering the discharge is not the court that ordered the commitment or admission, the court shall transmit a certified copy of the order to the court that ordered the commitment or admission. Upon receipt of the copy, the court that ordered the commitment or admission shall enter an order finding that the person has been discharged by order of the court that issued the writ of habeas corpus.
TN Code § 33-3-901 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 9 - Violations of Service Recipient Rights|§ 33-3-901. Wrongful Hospitalization or Admission — Instituting Wrongful Action — Penalties — Immunity

  A person commits a Class E felony who:  Without probable cause to believe a person has developmental disability, mental illness, or serious emotional disturbance, causes or conspires with or assists a third person to cause the hospitalization or admission of the person under this title; or   Causes or conspires with or assists another to cause the denial to a person of any right accorded to a person under this title.     A person commits a Class E felony who:  Without probable cause to believe a person has developmental disability, mental illness, or serious emotional disturbance executes a petition, application, or certificate under this title, or otherwise secures or attempts to secure the apprehension, detention, hospitalization, admission, or restraint of the person; or   Knowingly makes any false certificate or application under this title.     The commissioner or the chief officer of any hospital, developmental center, or treatment resource acting pursuant to this title shall be entitled to rely in good faith upon the representations made for admission by any person or any certification with respect to any person made by a professional authorized to provide certificates under this title or any court.   All persons acting in good faith, reasonably and without negligence in connection with the preparation of petitions, applications, certificates or other documents or the apprehension, detention, discharge, examination, transportation or treatment of a person under this title shall be free from all liability, civil or criminal, by reason of the acts.
TN Code § 33-3-902 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 9 - Violations of Service Recipient Rights|§ 33-3-902. Furnishing False Information — Misdemeanor

 It is a Class C misdemeanor for any person knowingly to furnish false information for the purpose of securing the hospitalization or admission of any person to a facility for persons with developmental disability, mental illness, or serious emotional disturbance.
TN Code § 33-3-903 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 9 - Violations of Service Recipient Rights|§ 33-3-903. Sexual Relations With Service Recipient

 Any employee of a service provider who has sexual intercourse with a service recipient of the service provider other than the employee's spouse or commits sexual battery on a service recipient, knowing or having reason to believe that the service recipient is a service recipient of the service provider, is subject to discharge for that conduct.
TN Code § 33-3-904 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 9 - Violations of Service Recipient Rights|§ 33-3-904. Aiding or Abetting Escape — Inciting Service Recipient to Violence — Supplying With Dangerous or Intoxicating Substances

  A person commits a Class E felony who:  Counsels, causes, influences, aids or assists a service recipient with mental illness, serious emotional disturbance, or developmental disability to leave a hospital or developmental center without authority after the service recipient was admitted under court order;   Harbors or conceals a service recipient with mental illness, serious emotional disturbance, or developmental disability who has left a hospital or developmental center without authority;   Incites a service recipient with mental illness, serious emotional disturbance, or developmental disability, while the service recipient is admitted to a hospital or developmental center, to hurt or injure another person anywhere; or   Gives or sells to a service recipient with mental illness, serious emotional disturbance, or developmental disability in a hospital or developmental center, whether on the premises of the facility or elsewhere, knowing the person to be a person with mental illness, serious emotional disturbance, or developmental disability, any firearms, intoxicating drinks, drugs, or any other harmful articles.     A hospital or developmental center employee or official who receives from a person with mental illness, serious emotional disturbance, or developmental disability anything of value as a gift or for a consideration commits a Class C misdemeanor.   A person, who aids or abets in the commission of any of the foregoing offenses or aids or abets in a prohibited attempt, is guilty as if the person were a principal and shall be punished as a principal.
TN Code § 33-3-120 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 9 - Violations of Service Recipient Rights|§ 33-3-120. Isolation and Restraints Prohibited — Exceptions and Limitations

 33-3-125. Professional not to be related or to have financial interest.   33-3-212. Immunity for refusal to perform act prohibited by this title.   33-3-217. Uniform assessment process for determining recipient's decision making capacity.   33-3-605. Service on defendant.
TN Code § 33-3-125 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 9 - Violations of Service Recipient Rights|§ 33-3-125. Professional Not to Be Related or to Have Financial Interest

 33-3-212. Immunity for refusal to perform act prohibited by this title.   33-3-217. Uniform assessment process for determining recipient's decision making capacity.   33-3-605. Service on defendant.
TN Code § 33-3-212 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 9 - Violations of Service Recipient Rights|§ 33-3-212. Immunity for Refusal to Perform Act Prohibited by This Title

 33-3-217. Uniform assessment process for determining recipient's decision making capacity.   33-3-605. Service on defendant.
TN Code § 33-3-217 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 3 - General Rules Applicable to Service Recipients|Part 9 - Violations of Service Recipient Rights|§ 33-3-217. Uniform Assessment Process for Determining Recipient's Decision Making Capacity

 33-3-605. Service on defendant.
TN Code § 33-4-101 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 4 - Special Rules for Residential Service Recipients|Part 1 - Rights of Residential Service Recipients|§ 33-4-101. Right to Receive Visitors — Right to Communicate With Family, Attorney, Physician, Minister and Courts

  A person with mental illness, serious emotional disturbance, or developmental disability is entitled to:  Receive visitors during regular visiting hours; and   Communicate, orally or by sending and receiving uncensored mail, with the service recipient's family, attorney, personal physician, minister, and the courts.     All other incoming mail or parcels may be read or opened before being delivered to a service recipient, if the chief officer of the facility believes the action is necessary for the physical or mental health of the service recipient who is the intended recipient. Mail or other communication that is not delivered to the service recipient for whom it is intended shall be returned immediately to the sender.   The chief officer may make reasonable rules regarding visitors, visiting hours, and the use of communication resources.
TN Code § 33-4-103 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 4 - Special Rules for Residential Service Recipients|Part 1 - Rights of Residential Service Recipients|§ 33-4-103. Notice of Admission to Guardian or Family

 If a person is admitted to a hospital, developmental center, or other residential service on the application of any person other than the person's parent, legal guardian, legal custodian, conservator, spouse or adult next of kin, the chief officer shall immediately notify the person's parent, legal guardian, legal custodian, conservator, spouse, or adult next of kin, if known.
TN Code § 33-4-104 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 4 - Special Rules for Residential Service Recipients|Part 1 - Rights of Residential Service Recipients|§ 33-4-104. Treatment for Physical Disorder Prior to Admission

 In considering an applicant for admission, if it appears that the person has a physical disorder that requires immediate medical care and the admitting facility cannot appropriately provide the medical care, the person shall be taken first to a physician or hospital for treatment of the medical condition. When the person has received appropriate medical attention and treatment, the person may then be transported to the appropriate facility for treatment of the person's mental illness, serious emotional disturbance, or developmental disability.
TN Code § 33-4-105 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 4 - Special Rules for Residential Service Recipients|Part 1 - Rights of Residential Service Recipients|§ 33-4-105. Written Statement of Release Procedures and Other Rights

  Upon admission of a person with mental illness, serious emotional disturbance, or developmental disability to a hospital, developmental center, or other residential service, the chief officer shall provide the person a written statement outlining in simple, non-technical language all release procedures and all other rights of persons under this title. The chief officer shall have the service recipient informed in language understood by the service recipient, including the service recipient's native language or sign language, if appropriate. The chief officer also shall provide the written statement to the person's parent, legal guardian, legal custodian, conservator, spouse or other nearest known adult relative. The chief officer shall provide reasonable means and arrangements for assisting the person in making and presenting requests for release, including petitions to the proper court.   The service recipient shall sign on the line for signature to acknowledge having been informed of the service recipient's rights orally and in writing. The service recipient's signature shall be acknowledged in writing by at least one (1) disinterested witness.
TN Code § 33-4-106 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 4 - Special Rules for Residential Service Recipients|Part 1 - Rights of Residential Service Recipients|§ 33-4-106. Unauthorized Leave From Facility

  If a person admitted under court order leaves a hospital, developmental center, or other residential service without authority, the chief officer shall immediately notify the court regardless of the length of the person's absence. If the person is taken into custody, the person may be returned to the facility upon an order by the court. After thirty (30) days absence the person may be dropped from the facility's records. A return after thirty (30) days absence is a new admission. A person's absence beyond thirty (30) days does not limit the power of the court to order the person's return to a facility under this section.   The committing court shall be notified of the policy regarding temporary leave, and the court shall be given an opportunity to register its objection to granting temporary leave. An objection by the court does not prohibit authorization of leave. Temporary leave is not a discharge from the facility.
TN Code § 33-4-107 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 4 - Special Rules for Residential Service Recipients|Part 1 - Rights of Residential Service Recipients|§ 33-4-107. Commitment to Private Facility — Certificate by Disinterested Professional

  If a person is proposed to be committed to a private facility under this title, at least one (1) of the required certificates of need shall be from a professional who is not an employee of the private facility.   For purposes of this section, employment as a faculty member by a school of medicine at a university or college associated with a hospital shall not constitute employment at a private facility.
TN Code § 33-4-108 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 4 - Special Rules for Residential Service Recipients|Part 1 - Rights of Residential Service Recipients|§ 33-4-108. Certificate of Need — Basis — Contents — Violation

  A certificate of need for commitment for care and treatment of a person with mental illness, serious emotional disturbance, or developmental disability is not valid for any purpose unless it is based on personal observation and examination of the person made by the professional not more than three (3) days prior to the making of the certificate. The certificate shall state the facts and reasoning on which the opinions and conclusions are based.   The execution of a certificate concerning the mental condition of a person by a professional who has not personally observed and examined the person is a Class E felony.
TN Code § 33-4-109 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 4 - Special Rules for Residential Service Recipients|Part 1 - Rights of Residential Service Recipients|§ 33-4-109. Notice to Court, Legal Custodian and Guardian or Next of Kin of Death of Patient or Resident — Disposal of Unclaimed Property After Discharge or Death

  Upon the death of a person admitted to a facility under court order under this title, the chief officer of the facility shall mail written notice of the cause of death to the court that entered the order. Upon the death of a person who was admitted voluntarily, the chief officer shall notify the next of kin of the cause of death. The notice shall be mailed within ten (10) days of the death.   Notice of a death shall also be given promptly to the person's next of kin and legal guardian, legal custodian, or conservator. The administrator, executor or personal representative of the deceased person, or if there is none, one (1) or more of the heirs at law or next of kin, shall be notified by registered mail of the deceased's personal property at the facility at the time of death. Notice to an administrator, executor or personal representative shall be directed to the probate court of the county in which that person is qualified to administer the estate of the deceased.   Property left by the deceased person in the facility shall be disposed of pursuant to subsection (e) if, after diligent search and inquiry, none of the persons required to be notified can be found and notified or if the persons notified do not open the estate or otherwise proceed to dispose of the estate in a lawful manner.   If a person is discharged and leaves personal property in the facility, the chief officer shall promptly notify the person by registered mail addressed to the person's last known address that the property has been left and is subject to sale under subsection (e) if not claimed.   The chief officer shall keep the deceased or discharged person's personal property for six (6) months if it is not claimed. The chief officer shall then sell the property, with the approval of the commissioner, and deposit the proceeds in a fund, maintained under the supervision of the chief officer, for the benefit of needy service recipients.
TN Code § 33-4-110 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 4 - Special Rules for Residential Service Recipients|Part 1 - Rights of Residential Service Recipients|§ 33-4-110. Inability to Exercise Rights — Appointment of a Conservator

 If the chief officer of a facility in which a service recipient is hospitalized or admitted is of the opinion that the service recipient is unable to exercise any of the rights afforded by this chapter and chapter 3 of this title, the chief officer shall notify immediately the service recipient and the service recipient's attorney, parent, legal custodian, spouse or other nearest known adult relative of the fact, and the chief officer may file for the appointment of a conservator and shall notify those persons as to whether the chief officer intends to do so.
TN Code § 33-4-201 (2021)
2021 Tennessee Code|Title 33 - Mental Health and Substance Abuse and Intellectual and Developmental Disabilities|Chapter 4 - Special Rules for Residential Service Recipients|Part 2 - Employees as Guardians and Conservators in State Facilities|§ 33-4-201. Designation of Employee as Legal Guardian or Conservator

 The commissioner shall designate an employee of the department whom courts may appoint, regardless of whether the employee resides in the same county as the ward, as legal guardian or conservator for a service recipient in a state facility under title 34, if the court determines that no other person or legally qualified organization will serve for the service recipient and that it is for the best interests of the service recipient that the person be appointed.