2006 New York Code - Medical Examinations.



 
    §  251. Medical examinations. (a) After the filing of a petition under
  this act over which the family court appears to have  jurisdiction,  the
  court  may  order  any  person within its jurisdiction and the parent or
  other person legally responsible for the care of any  child  within  its
  jurisdiction to be examined by a physician, psychiatrist or psychologist
  appointed  or  designated  for  that  purpose  by the court when such an
  examination will serve the purposes of this act, the  court  may  remand
  any  such  person  for physical or psychiatric examination to, or direct
  such person to appear for such examination at:
    (1) the department of health of the city of New York, if the court  is
  located in a county within the city of New York, or
    (2) a hospital maintained by the county in which the court is located,
  if the court is in a county outside the city of New York, or
    (3) a hospital maintained by the state of New York, or
    (4)  a  qualified private institution approved for such purpose by the
  local social services department.
    Provided, however, that, outside of the city of New York, if the court
  shall order a psychiatric examination of any such person, the court  may
  direct  the  director  of  an  institution  in  the department of mental
  hygiene serving the institutional district in which the court is located
  to cause such examination to be made. Such director shall be afforded an
  opportunity to be heard before the court makes any such  direction.  The
  director  may  designate a member of the staff of the institution or any
  psychiatrist in the state to make the  examination.    The  psychiatrist
  shall  forthwith examine such person. The examination may be made in the
  place where the person may be or the court may remand such person to, or
  otherwise direct that such person appear at, such institution  or  to  a
  hospital  or  other  place  for  such  examination. During the time such
  person  is  at  such  institution  for  examination,  the  director  may
  administer  or cause to be administered to such person such psychiatric,
  medical or other therapeutic treatment as in the  director's  discretion
  should  be  administered.  The  chief  administrator of the courts shall
  prescribe the form of an order for examination. Upon completion  of  the
  examination,  the director shall transmit to the court the report of the
  psychiatrist who conducted the examination.
    (b) Except for examinations conducted pursuant  to  section  322.1  of
  this act where the family court determines that an inpatient examination
  is  necessary,  or  those  ordered after a fact-finding hearing has been
  completed under article three  or  seven  of  this  act  and  the  court
  determines  according  to  the  criteria in subdivision three of section
  320.5 or subdivision (a) of section seven hundred  thirty-nine  of  this
  act  that  the  child  should be detained pending disposition, or unless
  otherwise consented to by the  adult  to  be  examined  or  by  the  law
  guardian  representing the respondent, all examinations pursuant to this
  section shall be conducted on an outpatient basis. An order  for  remand
  after  a  fact-finding  hearing under article three or seven of this act
  shall include findings on the record supporting the need for examination
  in a residential facility and  a  determination  that  it  is  the  most
  appropriate  facility.  Remands  for  examinations shall be for a period
  determined by the facility, which shall not exceed thirty  days,  except
  that,  upon  motion  by the person detained on its own motion, the court
  may, for good cause shown, terminate the remand at any time.
    (c) Nothing in this section shall preclude the issuance of an order by
  the family court pursuant to section 9.43 of the mental hygiene law  for
  emergency  admission  for immediate care, observation and treatment of a
  person before the court or pursuant to section twenty-one hundred twenty
  of the public health law for commitment for care and  maintenance  of  a
  person before the court.

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