N.Y. Mental Hygiene Law § 9.13: Voluntary admissions

§ 9.13 Voluntary admissions.

(a) The director of any hospital may receive as a voluntary patient

any suitable person in need of care and treatment, who voluntarily makes

written application therefor. If the person is under sixteen years of

age, the person may be received as a voluntary patient only on the

application of the parent, legal guardian, or next-of-kin of such

person, or, subject to the terms of any court order or any instrument

executed pursuant to section three hundred eighty-four-a of the social

services law, a social services official or authorized agency with care

and custody of such person pursuant to the social services law, the

director of the division for youth, acting in accordance with section

five hundred nine of the executive law, or a person or entity having

custody of the person pursuant to an order issued pursuant to section

seven hundred fifty-six or one thousand fifty-five of the family court

act. If the person is over sixteen and under eighteen years of age, the

director may, in his discretion, admit such person either as a voluntary

patient on his own application or on the application of the person's

parent, legal guardian, next-of-kin, or, subject to the terms of any

court order or any instrument executed pursuant to section three hundred

eighty-four-a of the social services law, a social services official or

authorized agency with care and custody of such person pursuant to the

social services law, the director of the division for youth, acting in

accordance with section five hundred nine of the executive law, provided

that such person knowingly and voluntarily consented to such application

in accordance with such section, or a person or entity having custody of

the person pursuant to an order issued pursuant to section seven hundred

fifty-six or one thousand fifty-five of the family court act.

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

of the patient's desire to leave the hospital, the director shall

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

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

involuntary care and treatment, the director may retain the patient 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 patient or apply to the supreme court or the

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

authorizing the involuntary retention of such patient. The application

and proceedings in connection therewith shall be in the manner

prescribed in this article for a court authorization to retain an

involuntary patient, 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 patient is mentally ill and in need of retention

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

forthwith issue an order authorizing the retention of such patient for

care and treatment in the hospital, or, if requested by the patient, his

guardian, or committee, in such other non-public hospital as may be

within the financial means of the patient, for a period not exceeding

sixty days from the date of such order. Further application for

retention of the patient for periods not exceeding six months, one year,

and two year periods thereafter, respectively, may thereafter be made in

accordance with the provisions of this article.

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

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

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

closer relationship, 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 patient 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 patient.