2006 New York Code - Admission And Retention Of Certain Non-objecting Residents.

 
  § 15.25 Admission and retention of certain non-objecting residents.
    (a)  The  director  of  any school may receive and retain therein as a
  resident any person in need of care and treatment who  does  not  object
  thereto  and  who is so profoundly or severely mentally retarded that he
  does  not  have  sufficient  understanding  to  make  him  suitable  for
  admission  as a voluntary resident upon an application, accompanied by a
  certificate of an examining physician or certified  psychologist.    The
  application  shall  conform  to  the requirements for an application set
  forth in section 33.27. The certificate of the  examining  physician  or
  certified  psychologist,  in addition to the other requirements for such
  certificate set forth in this article, must show that the person  sought
  to be admitted meets the requirements of this section.
    (b)  The  director  of  the  school where such person is brought shall
  cause such person to be examined forthwith by a staff physician of  such
  school   other  than  the  original  examining  physician  or  certified
  psychologist whose certificate accompanied the application and, if  such
  person  is found to be suitable for admission under this section, he may
  be admitted thereto as a resident and  retained  therein  for  care  and
  treatment.
    (c) If notice in writing that the resident be released from the school
  is  given to the director by the resident or any person on his behalf or
  by the mental hygiene legal service, the director shall promptly release
  the resident; provided, however, that, if there are  reasonable  grounds
  for  belief  that  the  resident  may be in need of involuntary care and
  treatment, the director may retain the resident  for  a  period  not  to
  exceed  seventy-two  hours  from  the receipt of such notice. Before the
  expiration of such seventy-two hour period, the  director  shall  either
  release  the  resident or apply to a court of record in the county where
  the school is located for an order authorizing the involuntary retention
  of  such  resident.  The  application  and  proceedings  in   connection
  therewith  shall be in the manner prescribed in this article for a court
  authorization to retain an involuntary resident, except that  notice  of
  such  application  shall  be  served  forthwith  and,  if  a  hearing be
  demanded, the date for hearing to be fixed by the court shall  be  at  a
  time  not  later  than  three  days  from  the date such notice has been
  received by the court.   If it be  determined  by  the  court  that  the
  resident  is  mentally retarded and in need of retention for involuntary
  care and treatment in the school, the court  shall  forthwith  issue  an
  order  authorizing the retention of such resident for care and treatment
  in the school for a period not exceeding sixty days  from  the  date  of
  such  order.    Further  applications  for retention of the resident for
  periods  not  exceeding  one  year,  and  successive  two  year  periods
  thereafter,  respectively, may thereafter be made in accordance with the
  provisions of this article.
    (d) The director shall cause written notice of  a  person's  admission
  pursuant  to  this  section  to be given forthwith to the mental hygiene
  legal service. The mental hygiene legal service  shall  promptly  review
  such  admission.  Thereafter,  the  mental hygiene legal service and the
  director of the school shall make a review of such resident's  retention
  pursuant  to  this section at least once during each twelve month period
  of retention.