§ 31.19 — Confinement, care, and treatment of the mentally disabled

New York § 31.19

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title E: General Provisions
• Art. 31: Regulation and Quality Control of Services For the Mentally Disabled

Text

§ 31.19 Confinement, care, and treatment of the mentally disabled.\n (a) No individual who is or appears to be mentally disabled shall be\ndetained, deprived of his liberty, or otherwise confined without lawful\nauthority, or inadequately, unskillfully, cruelly, or unsafely cared for\nor supervised by any person.\n (b) If the commissioner has reason to believe that this section is\nbeing violated or that services for the mentally disabled are being\nprovided in violation of this article, he shall promptly investigate the\nmatter. If he finds, after notice to the person accused of the\nviolation and opportunity for such person to be heard, that there has\nbeen a violation, the commissioner shall issue an order directed to the\nperson who has committed the violation directing him to cease and desist\nfrom the violation.\n (c) The commissioner may bring the following proceedings in the\nsupreme court, in accordance with the provisions of section 31.21:\n 1. for an injunction where the person to whom a cease and desist order\nis directed has failed to comply therewith.\n 2. for a temporary restraining order where the commissioner has reason\nto believe that a violation of this section may result in injury to any\nperson.\n (d) Nothing in this section shall prevent the commissioner from taking\nwhatever action he deems necessary for the suspension, revocation, or\nlimitation of the operating certificate of a provider of services which\nhas been charged with a violation of this section.\n