N.Y. Mental Hygiene Law § 15.31: Involuntary admission on medical certification; resident's right to a hearing

§ 15.31 Involuntary admission on medical certification; resident's right

to a hearing.

(a) If, at any time prior to the expiration of sixty days from the

date of involuntary admission of a resident on an application supported

by medical certification, he or any relative or friend or the mental

hygiene legal service gives notice in writing to the director of request

for hearing on the question of need for care and treatment at a school,

a hearing shall be held as herein provided. The resident or person

requesting a hearing on behalf of the resident may designate the county

where the hearing shall be held, which shall be either in the county

where the school is located, the county of the resident's residence or

the county in which the school to which the resident was first admitted

is located. Such hearing shall be held in the county so designated,

subject to application by any interested party, including the director,

for change of venue to any other county because of the convenience of

parties or witnesses or the condition of the resident upon notice to the

persons required to be served with notice of the resident's initial

admission.

(b) It shall be the duty of the director upon receiving notice of such

request for hearing to forward forthwith a copy of such notice with a

record of the resident to the supreme court or the county court in the

county designated by the applicant, if one be designated, or if no

designation be made, then to the supreme court or the county court in

the county where such school is located. A copy of such notice and

record shall also be given the mental hygiene legal service.

(c) The court which receives such notice shall fix the date of such

hearing at a time not later than five days from the date such notice is

received by the court and cause the resident, any other person

requesting the hearing, the director, the mental hygiene legal service

and such other persons as the court may determine to be advised of such

date. Upon such date, or upon such other date to which the proceeding

may be adjourned, the court shall hear testimony and examine the person

alleged to have a developmental disability if it be deemed advisable in

or out of court. If it be determined that the resident is in need of

retention, the court shall deny the application for the resident's

release. If it appears that the relatives of the resident or a committee

of his person are willing and able properly to care for him at some

place other than a school, then, upon their written consent, the court

may order the transfer of the resident to the care and custody of such

relatives or such committee. If it be determined that the resident is

not in need of retention, the court shall order the release of the

resident.

(d) If the court shall order the release of the resident, such

resident shall forthwith be released.

(e) The director of the school authorized to retain or receive and

retain such resident shall be immediately furnished with a copy of the

order of the court.

(f) The papers in any proceeding under this article which are filed

with the county clerk shall be sealed and shall be exhibited only to the

parties to the proceeding or someone properly interested, upon order of

the court.