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New York · Through 2026-09-11

N.Y. Mental Hygiene Law § 15.01: Definitions

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Where this section sits in the code
  1. Mental Hygiene Law
  2. Title C. Developmental Disabilities Act
  3. Article 15. Admission of People With Developmental Disabilities to Schools

§ 15.01 Definitions.

As used in this article:

"in need of care and treatment" means that a person has a

developmental disability and would benefit from care and treatment as a

resident in a school.

"in need of involuntary care and treatment" means that a person is in

need of in-patient care and treatment as a resident in a school, that

such care and treatment is essential to his or her welfare, and that his

or her judgment is so impaired that he or she is unable to understand

the need for such care and treatment and that he or she poses a real and

present risk of substantial physical harm to himself or herself or

others.

"need for retention" means that a person who has been admitted to a

school pursuant to this article is in need of involuntary care and

treatment in a school for a further period.

"record" of a patient shall consist of admission, transfer or

retention papers and orders, and accompanying data required by this

article and by the regulations of the commissioner.

"director of community services" means the director of community

services for the mentally disabled appointed pursuant to article eleven

of this chapter.

any provisions of this article which explicitly or implicitly apply

to, or reference, persons who are, or who are alleged to be, mentally

retarded shall be deemed to apply to, or to be a reference to, persons

who are, or who are alleged to be, developmentally disabled.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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