2021 New York Laws
MHY - Mental Hygiene
Title C - Developmental Disabilties Act
Article 15 - Admission of the Mentally Retarded to Schools
15.31 - 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 have a developmental disability 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.
