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

 
  § 9.25 Voluntary and informal admissions; review of status.
    (a)  No voluntary or informal patient, 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 statute,  whichever
  is  later,  unless  the  suitability  of  such patient to remain in such
  status and his willingness to so remain have been reviewed. The director
  shall review the suitability of such patient to remain in  such  status,
  and  the  mental  hygiene  legal service shall review the willingness of
  such patient to remain in such status. Notice of  the  determination  of
  the  patient'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 patient to remain in a voluntary or informal  status
  or  the  willingness  of  the  patient  to  so  remain, it shall make an
  application upon notice to the patient and the director of the hospital,
  for a court order determining those questions. In any  such  proceeding,
  the patient or someone on his behalf or the mental hygiene legal service
  may  request  a  hearing.  If  the mental hygiene legal service finds no
  grounds  to  doubt  the  determination  of  the  director  as   to   the
  suitability,  or  the  willingness  of  the  patient  to  continue  in a
  voluntary or informal status, it shall so certify and the patient may be
  continued in the hospital in such status. A copy of  such  certification
  of review shall be filed in the patient'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 31.31
  shall be applicable.
    (c) If an application for a court order has been made, the  court,  in
  determining the proceeding, may approve the continued hospitalization of
  the  patient  as  a voluntary or informal patient or, if the court finds
  that the patient is not suitable or willing to continue as  a  voluntary
  or  informal  patient, it may order the discharge of the patient 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  on  such first review by the mental hygiene legal service
  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 patient's suitability and  willingness  to
  remain  as a voluntary or informal patient as set forth in the foregoing
  subdivisions.