2006 New York Code - Involuntary Admission On Medical Certification; Resident\'s Right To A Hearing.

 
  § 15.31 Involuntary admission on medical certification; resident's right
            to a hearing.
    (a)  If,  at  any  time prior to the expiration of sixty days from the
  date of involuntary admission of a resident on an application  supported
  by  medical  certification,  he  or any relative or friend or the mental
  hygiene legal service gives notice in writing to the director of request
  for hearing on the question of need for care and treatment at a  school,
  a  hearing  shall  be  held  as  herein provided. The resident or person
  requesting a hearing on behalf of the resident may designate the  county
  where  the  hearing  shall  be held, which shall be either in the county
  where the school is located, the county of the resident's  residence  or
  the  county in which the school to which the resident was first admitted
  is located. Such hearing shall be held  in  the  county  so  designated,
  subject  to application by any interested party, including the director,
  for change of venue to any other county because of  the  convenience  of
  parties or witnesses or the condition of the resident upon notice to the
  persons  required  to  be  served  with notice of the resident's initial
  admission.
    (b) It shall be the duty of the director upon receiving notice of such
  request for hearing to forward forthwith a copy of such  notice  with  a
  record  of  the resident to the supreme court or the county court in the
  county designated by the applicant, if  one  be  designated,  or  if  no
  designation  be  made,  then to the supreme court or the county court in
  the county where such school is located.  A  copy  of  such  notice  and
  record shall also be given the mental hygiene legal service.
    (c)  The  court  which receives such notice shall fix the date of such
  hearing at a time not later than five days from the date such notice  is
  received  by  the  court  and  cause  the  resident,  any  other  person
  requesting the hearing, the director, the mental hygiene  legal  service
  and  such other persons as the court may determine to be advised of such
  date. Upon such date, or upon such other date to  which  the  proceeding
  may  be adjourned, the court shall hear testimony and examine the person
  alleged to be mentally retarded if it be deemed advisable in or  out  of
  court.  If  it  be determined that the resident is in need of retention,
  the court shall deny the application for the resident's release.  If  it
  appears  that the relatives of the resident or a committee of his person
  are willing and able properly to care for him at some place other than a
  school, then, upon their  written  consent,  the  court  may  order  the
  transfer  of  the  resident to the care and custody of such relatives or
  such committee. If it be determined that the resident is not in need  of
  retention, the court shall order the release of the resident.
    (d)  If  the  court  shall  order  the  release  of the resident, such
  resident shall forthwith be released.
    (e) The director of the school authorized to  retain  or  receive  and
  retain  such  resident shall be immediately furnished with a copy of the
  order of the court.
    (f) The papers in any proceeding under this article  which  are  filed
  with the county clerk shall be sealed and shall be exhibited only to the
  parties  to the proceeding or someone properly interested, upon order of
  the court.