N.Y. Mental Hygiene Law § 15.23: Voluntary admissions; review of status

§ 15.23 Voluntary admissions; review of status.

(a) No voluntary resident, whether admitted on such status or

converted thereto, shall be continued in such status for a period beyond

twelve months from the date of commencement of such status or beyond

twelve months from the effective date of this chapter, whichever is

later, unless the suitability of such resident to remain in such status

and his willingness to so remain have been reviewed. The director shall

review the suitability of such resident to remain in such status, and

the mental hygiene legal service shall review the willingness of such

resident to remain in such status. Notice of the determination of the

resident's suitability made by the director shall be given to the mental

hygiene legal service. If the mental hygiene legal service finds that

there is any ground to doubt the director's determination of the

suitability of such resident to remain in a voluntary or informal status

or the willingness of the resident to so remain, it shall make an

application, upon notice to the resident and the director of the school,

for a court order determining those questions. In any such proceeding,

the resident or someone on his behalf or the mental hygiene legal

service may request a hearing. If the mental hygiene legal service finds

no ground to doubt the determination of the director as to the

suitability, or the willingness of the resident to continue in a

voluntary or informal status, it shall so certify and the resident may

be continued in the school in such status. A copy of such certification

of review shall be filed in the resident's record.

(b) If an application for a court order has been made and a hearing is

requested, the provisions governing hearings contained in section 33.31

shall be applicable.

(c) If an application for a court order has been made, the court, in

determining the proceeding, may approve the continuation of the resident

as a voluntary resident or, if the court finds that the resident is not

suitable or willing to continue as a voluntary resident, it may order

the discharge of the resident or make such other order as it may deem

appropriate in the circumstances.

(d) Prior to the termination of twelve months from the date of the

certification by the mental hygiene legal service on such first review

or, if an application for a court order has been made, from the date of

the first order and, thereafter, prior to the termination of twelve

months from any subsequent certification or subsequent order, as the

case may be, the director and the mental hygiene legal service shall

conduct another review of the resident's suitability and willingness to

remain as a voluntary resident, as set forth in the foregoing

subdivisions.