N.Y. Family Court Act § 322.1: Incapacitated person; examination reports

§ 322.1. Incapacitated person; examination reports. 1. At any

proceeding under this article, the court must issue an order that the

respondent be examined as provided herein when it is of the opinion that

the respondent may be an incapacitated person. Notwithstanding the

provisions of this or any other law, the court may direct that the

examination be conducted on an outpatient basis. If the respondent is in

custody at the time the court issues an order of examination, the

examination may be conducted at the place where the respondent is being

held in custody so long as no reasonable alternative outpatient setting

is available. The court shall order that two qualified psychiatric

examiners as defined in subdivision seven of section 730.10 of the

criminal procedure law examine the respondent to determine if he or she

may be diagnosed as a person with mental illness or an intellectual or

developmental disability.

2. If an order of examination has been issued pursuant to subdivision

one, the proceedings shall be adjourned until the examination reports

have been filed with the court. Every such report shall be filed within

ten days after entry of such order. Upon a showing of special

circumstances and a finding that a longer period is necessary to

complete the examination and report, the court may extend the time for

filing the examination report.

3. Each report shall state the examiner's opinion as to whether the

respondent is or is not an incapacitated person, the nature and extent

of his examination and, if he finds the respondent is an incapacitated

person, his diagnosis and prognosis and a detailed statement of the

reasons for his opinion by making particular reference to those aspects

of the proceedings wherein the respondent lacks capacity to understand

or to assist in his own defense. The chief administrator of the courts

shall prescribe the form for the examination report.