§ 15.31 — Involuntary admission on medical certification; resident's right to a hearing

New York § 15.31

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title C: Developmental Disabilities Act
• Art. 15: Admission of People With Developmental Disabilities to Schools

Text

§ 15.31 Involuntary admission on medical certification; resident's right\n to a hearing.\n (a) If, at any time prior to the expiration of sixty days from the\ndate of involuntary admission of a resident on an application supported\nby medical certification, he or any relative or friend or the mental\nhygiene legal service gives notice in writing to the director of request\nfor hearing on the question of need for care and treatment at a school,\na hearing shall be held as herein provided. The resident or person\nrequesting a hearing on behalf of the resident may designate the county\nwhere the hearing shall be held, which shall be either in the county\nwhere the school is located, the county of the resident's residence or\nthe county in which the school to which the resident was first admitted\nis located. Such hearing shall be held in the county so designated,\nsubject to application by any interested party, including the director,\nfor change of venue to any other county because of the convenience of\nparties or witnesses or the condition of the resident upon notice to the\npersons required to be served with notice of the resident's initial\nadmission.\n (b) It shall be the duty of the director upon receiving notice of such\nrequest for hearing to forward forthwith a copy of such notice with a\nrecord of the resident to the supreme court or the county court in the\ncounty designated by the applicant, if one be designated, or if no\ndesignation be made, then to the supreme court or the county court in\nthe county where such school is located. A copy of such notice and\nrecord shall also be given the mental hygiene legal service.\n (c) The court which receives such notice shall fix the date of such\nhearing at a time not later than five days from the date such notice is\nreceived by the court and cause the resident, any other person\nrequesting the hearing, the director, the mental hygiene legal service\nand such other persons as the court may determine to be advised of such\ndate. Upon such date, or upon such other date to which the proceeding\nmay be adjourned, the court shall hear testimony and examine the person\nalleged to have a developmental disability if it be deemed advisable in\nor out of court. If it be determined that the resident is in need of\nretention, the court shall deny the application for the resident's\nrelease. If it appears that the relatives of the resident or a committee\nof his person are willing and able properly to care for him at some\nplace other than a school, then, upon their written consent, the court\nmay order the transfer of the resident to the care and custody of such\nrelatives or such committee. If it be determined that the resident is\nnot in need of retention, the court shall order the release of the\nresident.\n (d) If the court shall order the release of the resident, such\nresident shall forthwith be released.\n (e) The director of the school authorized to retain or receive and\nretain such resident shall be immediately furnished with a copy of the\norder of the court.\n (f) The papers in any proceeding under this article which are filed\nwith the county clerk shall be sealed and shall be exhibited only to the\nparties to the proceeding or someone properly interested, upon order of\nthe court.\n