Chapter I: Rights of persons under psychiatric care.

A person hospitalised in application of chapters II and III of the present code orarticle 706-135 of the code of criminal procedure in a care establishment retains the domicile that was his prior to hospitalisation for as long as this domicile remains at his disposal. However, service made there may, depending on the circumstances, be annulled by the courts.

A person undergoing psychiatric care pursuant to Chapters II and III of this Title orarticle 706-135 of the Code of Criminal Procedure may be placed under curatorship or guardianship under the conditions and in accordance with the procedures set out in articles 425 and 440 of the Civil Code.

For the application of II of articles L. 3211-12 and L. 3211-12-1 and articles L. 3212-7, L. 3213-1, L. 3213-3 and L. 3213-8, the director of the establishment receiving the patient will convene a panel made up of three members of the establishment’s staff: 1° A psychiatrist involved in the patient’s care; 2° A psychiatrist not involved in the patient’s care; 3° A representative of the multidisciplinary team involved in…

Except in the cases provided for in Chapter III of this Title, the decision to admit a minor to psychiatric care or to lift this measure is requested, depending on the situation, by the persons exercising parental authority or by the guardian. In the event of disagreement between the persons exercising parental authority, the Family Affairs Judge shall decide.

The psychiatrist involved in the patient’s care may propose at any time to modify the form of care referred to in article L. 3211-2-1 to take account of changes in the patient’s condition. He will draw up a detailed medical certificate to this effect. The psychiatrist involved in the patient’s care immediately sends the director of the host establishment a detailed medical certificate proposing full hospitalisation when he/she finds that…

In order to promote their recovery, rehabilitation or social reintegration or if external measures are necessary, persons undergoing psychiatric care in application of Chapters II and III of this Title or of Article 706-135 of the Code of Criminal Procedure in the form of full hospitalisation may benefit from short-term discharge authorisations: 1° In the form of accompanied outings not exceeding twelve hours. Patients are accompanied by one or more…

I.-A case may be referred to the liberty and custody judge within whose jurisdiction the reception facility is located, at any time, with a view to ordering the immediate release of a psychiatric care measure ordered pursuant to Chapters II to IV of this Title or Article 706-135 of the Code of Criminal Procedure, regardless of the form of the measure. The matter may also be referred to it with…

I.-A patient’s full hospitalisation may not continue without a decision on this measure having been taken by the liberty and custody judge, to whom the matter has first been referred by the director of the establishment when hospitalisation has been ordered in application of chapter II of the present title or by the State representative in the department when hospitalisation has been ordered in application of chapter III of the…

I.-When a case is referred to the court in application of articles L. 3211-12 or L. 3211-12-1, the court, after hearing both parties, shall rule in public. He may decide that the hearings shall take place or shall continue in chambers if their public nature would infringe the privacy of the parties, if there are disturbances likely to disturb the peace and quiet of the court or if one of…

If an appeal has been lodged on the basis of article L. 3211-12-1, the liberty and custody judge hearing the case may make the same decision in accordance with the procedure laid down in the same article L. 3211-12-1.