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

 
  § 9.31 Involuntary  admission  on medical certification; patient'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 patient 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 involuntary care and treatment,
  a hearing shall be held  as  herein  provided.  The  patient  or  person
  requesting  a  hearing on behalf of the patient may designate the county
  where the hearing shall be held, which shall be  either  in  the  county
  where the hospital is located, the county of the patient's residence, or
  the county in which the hospital to which the patient 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 patient upon notice to  the
  persons  required  to  be  served  with  notice of the patient'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  patient 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 hospital 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 patient, 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 ill, if it be deemed advisable in or out of court. If  it
  be  determined that the patient is in need of retention, the court shall
  deny the application for the patient's release. If the patient is  in  a
  psychiatric  hospital maintained by a political subdivision of the state
  or in a general hospital the court, upon notice to the patient  and  the
  mental  hygiene  legal service and an opportunity to be heard, may order
  the patient transferred  to  the  jurisdiction  of  the  department  for
  retention  in  a  hospital  operated  by  the  state  designated  by the
  commissioner or to a private facility having  an  appropriate  operating
  certificate  for  retention  therein  for  the balance of the period for
  which the hospital is authorized to retain the patient. If  it  appears,
  however,  that the relatives of the patient or a committee of his person
  are willing and able properly to care for him at some place other than a
  hospital, then, upon their written consent,  the  court  may  order  the
  transfer  of  the  patient  to the care and custody of such relatives or
  such committee. If it be determined that the patient is not mentally ill
  or not in need of retention, the court shall order the  release  of  the
  patient.
    (d)  If the court shall order the release of the patient, such patient
  shall forthwith be released.
    (e) The department or the  director  of  the  hospital  authorized  to
  retain  or receive and retain such patient, as the case may be, shall be
  immediately furnished with a copy of the order of the court  and,  if  a
  transfer  is ordered, shall immediately make provisions for the transfer
  of such patient.
    (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.