N.Y. Mental Hygiene Law § 9.33: Court authorization to retain an involuntary patient

§ 9.33 Court authorization to retain an involuntary patient.

(a) If the director shall determine that a patient 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 patient does not agree to remain in such hospital

as a voluntary patient, the director shall apply to the supreme court or

the county court in the county where the hospital 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 patient's release pursuant

to section 9.31, whichever is later; and the hospital is authorized to

retain the patient for such further period during which the hospital 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 patient 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 patient'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 patient

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 patient

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

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

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

the application may, if satisfied that the patient requires continued

retention for care and treatment or transfer and continued retention,

immediately issue an order authorizing continued retention of such

patient in such hospital for a period not to exceed six months from the

date of the order or, if such patient is in a psychiatric hospital

operated by a political subdivision of the state or in a general

hospital, such order may direct the transfer of such patient to the

jurisdiction of the department for retention in a hospital operated by

the state or to a private facility having an appropriate operating

certificate, to be retained therein for a period not to exceed six

months from the date of such order.

(c) Upon the demand of the patient 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 9.31. 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 if the patient has already had a hearing, he

shall not have the right to designate initially the county in which the

hearing shall be held.

(d) If the director of a hospital, in which a patient is retained

pursuant to the foregoing subdivisions of this section, shall determine

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

hospital, he shall, if such patient does not agree to remain in such

hospital as a voluntary patient, 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 hospital is located for an order

authorizing further continued retention of such patient. 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 patient or anyone on his behalf or the mental

hygiene legal service may request that the patient 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 patient shall have appeared

personally before the court. The period for continued retention pursuant

to the first order obtained under this subdivision shall authorize

further continued retention of the patient for not more than one year

from the date of the order. The period for the further continued

retention of the patient authorized by any subsequent order under this

subdivision shall be for periods not to exceed two years each from the

date of the order.