WVC 27 - 7 - 3
§27-7-3. Release as unimproved.
The chief medical officer of a mental health facility may
release an involuntary patient as unimproved when any person
requests the patient's release and is willing and able to take
proper care of the patient outside the mental health facility. In
the event that a patient is released to a responsible person, a
report shall be made by such person at least once every six
months to the chief medical officer of the mental health
facility. No discharge shall be given to said patient until he
has returned to the mental health facility for examination by the
chief medical officer and he has determined that said patient is
no longer in need of hospitalization.
When a patient is released from a mental health facility as
unimproved, it shall be the responsibility of the chief medical
officer of the mental health facility of which the individual was
a patient prior to being released as unimproved to immediately
make a report of the discharge of the patient to the circuit
court or mental hygiene commissioner of the county in which the
involuntary hospitalization was ordered and to the circuit court
or mental hygiene commissioner of the county wherein the
individual is a resident.