2020 New York Laws
MHY - Mental Hygiene
Title B - Mental Health Act
Article 9 - Hospitalization of the Mentally Ill
9.47 - Duties of Local Officers in Regard to Their Mentally Ill.

§ 9.47 Duties of local officers in regard to their mentally ill.
  * (a) All directors of community services, health officers, and social
services  officials,  as defined by the social services law, are charged
with the duty of seeing that  all  mentally  ill  persons  within  their
respective  communities  who  are  in  need  of  care and treatment at a
hospital are admitted to a hospital pursuant to the provisions  of  this
article.  Social services officials and health officers shall notify the
director of community services  of  any  such  person  coming  to  their
attention.  Pending  the  determination  of  the condition of an alleged
mentally ill person, it shall be the duty of the director  of  community
services  and, if there be no such director, of the local health officer
to provide for the proper care of such person in a suitable facility.
  * NB Effective until June 30, 2022
  * All directors of community services,  health  officers,  and  social
services  officials,  as defined by the social services law, are charged
with the duty of seeing that  all  mentally  ill  persons  within  their
respective  communities  who  are  in  need  of  care and treatment at a
hospital are admitted to a hospital pursuant to the provisions  of  this
article.  Social services officials and health officers shall notify the
director of community services  of  any  such  person  coming  to  their
attention.  Pending  the  determination  of  the condition of an alleged
mentally ill person, it shall be the duty of the director  of  community
services  and, if there be no such director, of the local health officer
to provide for the proper care of such person in a suitable facility.
  * NB Effective June 30, 2022
  * (b) All directors of community services shall be responsible for:

(1) receiving reports of persons who may be in need of assisted outpatient treatment and documenting the receipt date of such reports;

(2) conducting timely investigations of such reports and providing written notice upon the completion of investigations to reporting persons and program coordinators, appointed by the commissioner of mental health pursuant to subdivision (f) of section 7.17 of this title, and documenting the initiation and completion dates of such investigations and the dispositions;

(3) filing of petitions for assisted outpatient treatment pursuant to paragraph (vii) of subdivision (e) of section 9.60 of this article, and documenting the petition filing date and the date of the court order;

(4) coordinating the timely delivery of court ordered services with program coordinators and documenting the date assisted outpatients begin to receive the services mandated in the court order; and

(5) ensuring evaluation of the need for ongoing assisted outpatient treatment pursuant to subdivision (k) of section 9.60 of this article prior to the expiration of any assisted outpatient treatment order;

(6) if he or she has been ordered to provide for or arrange for assisted outpatient treatment pursuant to paragraph five of subdivision (j) of section 9.60 of this article or became the appropriate director pursuant to this paragraph or subdivision (c) of section 9.48 of this article, notifying the director of community services of the new county of residence when he or she has reason to believe that an assisted outpatient has or will change his or her county of residence during the pendency of an assisted outpatient treatment order. Upon such change of residence, the director of the new county of residence shall become the appropriate director, as such term is defined in section 9.60 of this article; and

(7) reporting on a quarterly basis to program coordinators the information collected pursuant to this subdivision. * NB Repealed June 30, 2022 * (c) In discharge of the duties imposed by subdivision (b) of section 9.60 of this article, directors of community services may provide services directly, or may coordinate services with the offices of the department or may contract with any public or private provider to provide services for such programs as may be necessary to carry out the duties imposed pursuant to this subdivision. * NB Repealed June 30, 2022

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