N.Y. Mental Hygiene Law § 15.33: Court authorization to retain an involuntary resident

§ 15.33 Court authorization to retain an involuntary resident.

(a) If the director shall determine that a resident admitted upon an

application supported by medical certification, for whom there is no

court order authorizing retention for a specified period, is in need of

retention and if such resident does not agree to remain in such school

as a voluntary resident, the director shall apply to the supreme court

or the county court in the county where the school is located for an

order authorizing continued retention. Such application shall be made no

later than sixty days from the date of involuntary admission on

application supported by medical certification or thirty days from the

date of an order denying an application for resident's release pursuant

to section 15.31, whichever is later; and the school is authorized to

retain the resident for such further period during which the school is

authorized to make such application or during which the application may

be pending. The director shall cause written notice of such application

to be given the resident and a copy thereof shall be given personally or

by mail to the persons required by this article to be served with notice

of such resident's initial admission and to the mental hygiene legal

service. Such notice shall state that a hearing may be requested and

that failure to make such a request within five days, excluding Sunday

and holidays, from the date that the notice was given to the resident

will permit the entry without a hearing of an order authorizing

retention.

(b) If no request is made for a hearing on behalf of the resident

within five days, excluding Sunday and holidays, from the date such

notice of such application was given such resident, and if the mental

hygiene legal service has not requested a hearing, the court receiving

the application may, if satisfied that the resident requires continued

retention for care and treatment or transfer and continued retention,

immediately issue an order authorizing continued retention of such

resident in such school for a period not to exceed one year from the

date of the order.

(c) Upon the demand of the resident or of anyone on his behalf or upon

request of the mental hygiene legal service, the court shall, or may on

its own motion, fix a date for the hearing of the application, in like

manner as is provided for hearings in section 15.31. The provisions of

such section shall apply to the procedure for obtaining and holding a

hearing and to the granting or refusal to grant an order of retention by

the court, except that the resident shall not have the right to

designate initially the county in which the hearing shall be held.

(d) If the director of a school, in which a resident is retained

pursuant to the foregoing subdivisions of this section, shall determine

that the condition of such resident requires his further retention in a

school, he shall, if such resident does not agree to remain in such

school as a voluntary resident, apply during the period of retention

authorized by the last order of the court to the supreme court or the

county court in the county where the school is located for an order

authorizing further continued retention of such resident. The procedures

for obtaining any order pursuant to this subdivision shall be in

accordance with the provisions of the foregoing subdivisions of this

section; provided that the resident or anyone on his behalf or the

mental hygiene legal service may request that the resident be brought

personally before the court, in which case the court shall not grant an

order for periods of one year or longer unless such resident shall have

appeared personally before the court. Orders obtained under this

subdivision shall authorize further continued retention of the resident

for periods not to exceed two years each from the date of the order.