N.Y. Mental Hygiene Law § 15.13: Voluntary admissions

§ 15.13 Voluntary admissions.

(a) The director of any school may receive as a voluntary resident any

person suitable for care and treatment, who voluntarily makes written

application therefor. If such person be under eighteen years of age the

application shall be made by the parent or legal guardian or next-of-kin

of such person.

(b) If such voluntary resident gives notice in writing to the director

of the resident's desire to leave the school, the director shall

promptly release the resident; provided, however, that if there are

reasonable grounds for belief that the resident may be in need of

involuntary care and treatment, the director may retain the resident for

a period not to exceed seventy-two hours from receipt of such notice.

Before the expiration of such seventy-two hour period, the director

shall either release the resident or apply to a court of record in the

county where the school is located for an order authorizing the

involuntary retention of such resident. The application and proceedings

in connection therewith shall be in the manner prescribed in this

article for a court authorization to retain an involuntary resident,

except that notice of such application shall be served forthwith and, if

a hearing be demanded, the date for hearing to be fixed by the court

shall be at a time not later than three days from the date such notice

has been received by the court. If it be determined by the court that

the resident has a developmental disability and is in need of retention

for involuntary care and treatment in the school, the court shall

forthwith issue an order authorizing the retention of such resident for

care and treatment in the school, or, if requested by the resident, his

guardian, or committee, such other non-public school as may be within

the financial means of the resident, for a period not exceeding sixty

days from the date of such order. Further applications for retention of

the resident for periods not exceeding one year, and successive two year

periods thereafter, respectively, may thereafter be made in accordance

with the provisions of this article.

In the case of a resident under eighteen years of age, such notice

requesting release of the resident may be given by the resident, by the

person who made application for his admission, by a person of equal or

closer relationship to the resident, or by the mental hygiene legal

service. If such notice be given by any other person, the director may

in his discretion refuse to discharge the resident and, in the event of

such refusal, such other person or the mental hygiene legal service may

apply to the supreme court or to a county court for the release of the

resident.