2006 New York Code - Voluntary Admissions.

 
  § 9.13 Voluntary admissions.
    (a)  The  director  of any hospital may receive as a voluntary patient
  any suitable person in need of care and treatment, who voluntarily makes
  written application therefor. If the person is under  sixteen  years  of
  age,  the  person  may  be  received  as a voluntary patient only on the
  application of the  parent,  legal  guardian,  or  next-of-kin  of  such
  person,  or,  subject  to the terms of any court order or any instrument
  executed pursuant to section three hundred eighty-four-a of  the  social
  services  law, a social services official or authorized agency with care
  and custody of such person pursuant to  the  social  services  law,  the
  director  of  the  division for youth, acting in accordance with section
  five hundred nine of the executive law, or a  person  or  entity  having
  custody  of  the  person pursuant to an order issued pursuant to section
  seven hundred fifty-six or one thousand fifty-five of the  family  court
  act.  If the person is over sixteen and under eighteen years of age, the
  director may, in his discretion, admit such person either as a voluntary
  patient on his own application or on the  application  of  the  person's
  parent,  legal  guardian,  next-of-kin,  or, subject to the terms of any
  court order or any instrument executed pursuant to section three hundred
  eighty-four-a of the social services law, a social services official  or
  authorized  agency  with care and custody of such person pursuant to the
  social services law, the director of the division for youth,  acting  in
  accordance with section five hundred nine of the executive law, provided
  that such person knowingly and voluntarily consented to such application
  in accordance with such section, or a person or entity having custody of
  the person pursuant to an order issued pursuant to section seven hundred
  fifty-six or one thousand fifty-five of the family court act.
    (b)  If such voluntary patient gives notice in writing to the director
  of the patient's desire  to  leave  the  hospital,  the  director  shall
  promptly  release  the  patient;  provided,  however,  that if there are
  reasonable grounds for belief  that  the  patient  may  be  in  need  of
  involuntary  care and treatment, the director may retain the patient for
  a period not to exceed seventy-two hours from receipt  of  such  notice.
  Before  the  expiration  of  such  seventy-two hour period, the director
  shall either release the patient or apply to the supreme  court  or  the
  county  court  in  the county where the hospital is located for an order
  authorizing the involuntary retention of such patient.  The  application
  and   proceedings  in  connection  therewith  shall  be  in  the  manner
  prescribed in this article  for  a  court  authorization  to  retain  an
  involuntary  patient,  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 patient is mentally ill and in need  of  retention
  for  involuntary  care  and  treatment  in the hospital, the court shall
  forthwith issue an order authorizing the retention of such  patient  for
  care and treatment in the hospital, or, if requested by the patient, his
  guardian,  or  committee,  in  such  other non-public hospital as may be
  within the financial means of the patient, for a  period  not  exceeding
  sixty  days  from  the  date  of  such  order.  Further  application for
  retention of the patient for periods not exceeding six months, one year,
  and two year periods thereafter, respectively, may thereafter be made in
  accordance with the provisions of this article.
    In the case of a patient under eighteen  years  of  age,  such  notice
  requesting  release  of  the patient may be given by the patient, by the
  person who made application for his admission, by a person of  equal  or
  closer  relationship,  or  by  the mental hygiene legal service. If such
  notice be given by any other person, the director may in his  discretion
  refuse  to  discharge the patient and in the event of such refusal, such
  other person or the mental  hygiene  legal  service  may  apply  to  the
  supreme court or to a county court for the release of the patient.