N.Y. Mental Hygiene Law § 15.25: Admission and retention of certain non-objecting residents

§ 15.25 Admission and retention of certain non-objecting residents.

(a) The director of any school may receive and retain therein as a

resident any person in need of care and treatment who does not object

thereto and who is so profoundly or severely developmentally disabled

that he does not have sufficient understanding to make him suitable for

admission as a voluntary resident upon an application, accompanied by a

certificate of an examining physician or certified psychologist. The

application shall conform to the requirements for an application set

forth in section 15.27 of this article. The certificate of the examining

physician or certified psychologist, in addition to the other

requirements for such certificate set forth in this article, must show

that the person sought to be admitted meets the requirements of this

section.

(b) The director of the school where such person is brought shall

cause such person to be examined forthwith by a staff physician of such

school other than the original examining physician or certified

psychologist whose certificate accompanied the application and, if such

person is found to be suitable for admission under this section, he may

be admitted thereto as a resident and retained therein for care and

treatment.

(c) If notice in writing that the resident be released from the school

is given to the director by the resident or any person on his behalf or

by the mental hygiene legal service, 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 the 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 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.

(d) The director shall cause written notice of a person's admission

pursuant to this section to be given forthwith to the mental hygiene

legal service. The mental hygiene legal service shall promptly review

such admission. Thereafter, the mental hygiene legal service and the

director of the school shall make a review of such resident's retention

pursuant to this section at least once during each twelve month period

of retention.