§ 251 — Medical examinations

New York § 251

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 5: Auxiliary Services
• Art. 2: Administration, Medical Examinations, Attorneys For Children, Auxiliary Services

Text

§ 251. Medical examinations. (a) After the filing of a petition under\nthis act over which the family court appears to have jurisdiction, the\ncourt may order any person within its jurisdiction and the parent or\nother person legally responsible for the care of any child within its\njurisdiction to be examined by a physician, psychiatrist or psychologist\nappointed or designated for that purpose by the court when such an\nexamination will serve the purposes of this act, the court may remand\nany such person for physical or psychiatric examination to, or direct\nsuch person to appear for such examination at:\n (1) the department of health of the city of New York, if the court is\nlocated in a county within the city of New York, or\n (2) a hospital maintained by the county in which the court is located,\nif the court is in a county outside the city of New York, or\n (3) a hospital maintained by the state of New York, or\n (4) a qualified private institution approved for such purpose by the\nlocal social services department.\n Provided, however, that, outside of the city of New York, if the court\nshall order a psychiatric examination of any such person, the court may\ndirect the director of an institution in the department of mental\nhygiene serving the institutional district in which the court is located\nto cause such examination to be made. Such director shall be afforded an\nopportunity to be heard before the court makes any such direction. The\ndirector may designate a member of the staff of the institution or any\npsychiatrist in the state to make the examination. The psychiatrist\nshall forthwith examine such person. The examination may be made in the\nplace where the person may be or the court may remand such person to, or\notherwise direct that such person appear at, such institution or to a\nhospital or other place for such examination. During the time such\nperson is at such institution for examination, the director may\nadminister or cause to be administered to such person such psychiatric,\nmedical or other therapeutic treatment as in the director's discretion\nshould be administered. The chief administrator of the courts shall\nprescribe the form of an order for examination. Upon completion of the\nexamination, the director shall transmit to the court the report of the\npsychiatrist who conducted the examination.\n (b) Except for examinations conducted pursuant to section 322.1 of\nthis act where the family court determines that an inpatient examination\nis necessary, or those ordered after a fact-finding hearing has been\ncompleted under article three or seven of this act and the court\ndetermines according to the criteria in subdivision three of section\n320.5 or subdivision (a) of section seven hundred thirty-nine of this\nact that the child should be detained pending disposition, or unless\notherwise consented to by the adult to be examined or by the attorney\nrepresenting the respondent, all examinations pursuant to this section\nshall be conducted on an outpatient basis. An order for remand after a\nfact-finding hearing under article three or seven of this act shall\ninclude findings on the record supporting the need for examination in a\nresidential facility and a determination that it is the most appropriate\nfacility. Remands for examinations shall be for a period determined by\nthe facility, which shall not exceed thirty days, except that, upon\nmotion by the person detained on its own motion, the court may, for good\ncause shown, terminate the remand at any time.\n (c) Nothing in this section shall preclude the issuance of an order by\nthe family court pursuant to section 9.43 of the mental hygiene law for\nemergency admission for immediate care, observation and treatment of a\nperson before the court or pursuant to section twenty-one hundred twenty\nof the public health law for commitment for care and maintenance of a\nperson before the court.\n