(a) A parent or guardian of a minor child may apply to the department to have the child examined by the comprehensive evaluation team. If a majority of the comprehensive evaluation team concludes that the child is mentally retarded and in need of appropriate care, training, education, or specialized services other than that which he is then receiving, the team may recommend an individualized program plan for the child and the department may provide such services in accordance with such plan.

(b) The parent or guardian of a minor child admitted to a facility pursuant to subsection (a) of this Code section may request such child's discharge in writing at any time after his admission. This request may be submitted to the superintendent, to any person in charge of the client's habilitation, or to any staff physician or any staff registered nurse of the facility for transmittal to the superintendent. If the parent or guardian makes an oral request for release to any member of the staff or other service provider, the parent or guardian must, within 24 hours, be given any necessary assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the superintendent within 24 hours, Saturdays, Sundays, and legal holidays excluded. Within 72 hours, excluding Sundays and legal holidays, of the delivery of a written request for release to the superintendent, the child must be discharged from the facility unless the superintendent finds that the discharge would be unsafe to the child or others, in which case proceedings to receive involuntary services from the department must be initiated under Code Section 37-4-40.