N.Y. Mental Hygiene Law § 9.25: Voluntary and informal admissions; review of status

§ 9.25 Voluntary and informal admissions; review of status.

(a) No voluntary or informal patient, 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 statute, whichever

is later, unless the suitability of such patient to remain in such

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

shall review the suitability of such patient to remain in such status,

and the mental hygiene legal service shall review the willingness of

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

the patient'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 patient to remain in a voluntary or informal status

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

application upon notice to the patient and the director of the hospital,

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

the patient or someone on his behalf or the mental hygiene legal service

may request a hearing. If the mental hygiene legal service finds no

grounds to doubt the determination of the director as to the

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

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

continued in the hospital in such status. A copy of such certification

of review shall be filed in the patient'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 9.31

of this article shall be applicable.

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

determining the proceeding, may approve the continued hospitalization of

the patient as a voluntary or informal patient or, if the court finds

that the patient is not suitable or willing to continue as a voluntary

or informal patient, it may order the discharge of the patient 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 on such first review by the mental hygiene legal service

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 patient's suitability and willingness to

remain as a voluntary or informal patient as set forth in the foregoing

subdivisions.