2006 New York Code - Voluntary Admissions; Review Of Status.

 
  § 15.23 Voluntary admissions; review of status.
    (a)  No  voluntary  resident,  whether  admitted  on  such  status  or
  converted thereto, shall be continued in such status for a period beyond
  twelve months from the date of commencement of  such  status  or  beyond
  twelve  months  from  the  effective  date of this chapter, whichever is
  later, unless the suitability of such resident to remain in such  status
  and  his willingness to so remain have been reviewed. The director shall
  review the suitability of such resident to remain in  such  status,  and
  the  mental  hygiene  legal service shall review the willingness of such
  resident to remain in such status.  Notice of the determination  of  the
  resident's suitability made by the director shall be given to the mental
  hygiene  legal  service.  If the mental hygiene legal service finds that
  there is any  ground  to  doubt  the  director's  determination  of  the
  suitability of such resident to remain in a voluntary or informal status
  or  the  willingness  of  the  resident  to  so remain, it shall make an
  application, upon notice to the resident and the director of the school,
  for a court order determining those questions. In any  such  proceeding,
  the  resident  or  someone  on  his  behalf  or the mental hygiene legal
  service may request a hearing. If the mental hygiene legal service finds
  no ground  to  doubt  the  determination  of  the  director  as  to  the
  suitability,  or  the  willingness  of  the  resident  to  continue in a
  voluntary or informal status, it shall so certify and the  resident  may
  be  continued in the school in such status. A copy of such certification
  of review shall be filed in the resident's record.
    (b) If an application for a court order has been made and a hearing is
  requested, the provisions governing hearings contained in section  33.31
  shall be applicable.
    (c)  If  an application for a court order has been made, the court, in
  determining the proceeding, may approve the continuation of the resident
  as a voluntary resident or, if the court finds that the resident is  not
  suitable  or  willing  to continue as a voluntary resident, it may order
  the discharge of the resident or make such other order as  it  may  deem
  appropriate in the circumstances.
    (d)  Prior  to  the  termination of twelve months from the date of the
  certification by the mental hygiene legal service on such  first  review
  or,  if an application for a court order has been made, from the date of
  the first order and, thereafter, prior  to  the  termination  of  twelve
  months  from  any  subsequent  certification or subsequent order, as the
  case may be, the director and the mental  hygiene  legal  service  shall
  conduct  another review of the resident's suitability and willingness to
  remain  as  a  voluntary  resident,  as  set  forth  in  the   foregoing
  subdivisions.