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New York · Through 2026-09-11

N.Y. Mental Hygiene Law § 9.47: Duties of local officers in regard to their persons with a mental illness

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Where this section sits in the code
  1. Mental Hygiene Law
  2. Title B. Mental Health Act
  3. Article 9. Hospitalization of Persons With a Mental Illness

§ 9.47 Duties of local officers in regard to their persons with a mental

illness.

* (a) All directors of community services, health officers, and social

services officials, as defined by the social services law, are charged

with the duty of seeing that all persons with a mental illness within

their respective communities who are in need of care and treatment at a

hospital are admitted to a hospital pursuant to the provisions of this

article. Social services officials and health officers shall notify the

director of community services of any such person coming to their

attention. Pending the determination of the condition of an alleged

person with a mental illness, it shall be the duty of the director of

community services and, if there be no such director, of the local

health officer to provide for the proper care of such person in a

suitable facility.

* NB Effective until June 30, 2027

* All directors of community services, health officers, and social

services officials, as defined by the social services law, are charged

with the duty of seeing that all persons with a mental illness within

their respective communities who are in need of care and treatment at a

hospital are admitted to a hospital pursuant to the provisions of this

article. Social services officials and health officers shall notify the

director of community services of any such person coming to their

attention. Pending the determination of the condition of an alleged

person with a mental illness, it shall be the duty of the director of

community services and, if there be no such director, of the local

health officer to provide for the proper care of such person in a

suitable facility.

* NB Effective June 30, 2027

* (b) All directors of community services shall be responsible for:

(1) receiving reports of persons who may be in need of assisted

outpatient treatment and documenting the receipt date of such reports;

(2) conducting timely investigations of such reports and providing

written notice upon the completion of investigations to reporting

persons and program coordinators, appointed by the commissioner of

mental health pursuant to subdivision (f) of section 7.17 of this title,

and documenting the initiation and completion dates of such

investigations and the dispositions;

(3) filing of petitions for assisted outpatient treatment pursuant to

paragraph (vii) of subdivision (e) of section 9.60 of this article, and

documenting the petition filing date and the date of the court order;

(4) coordinating the timely delivery of court ordered services with

program coordinators and documenting the date assisted outpatients begin

to receive the services mandated in the court order; and

(5) ensuring evaluation of the need for ongoing assisted outpatient

treatment pursuant to subdivision (k) of section 9.60 of this article

prior to the expiration of any assisted outpatient treatment order;

(6) if he or she has been ordered to provide for or arrange for

assisted outpatient treatment pursuant to paragraph five of subdivision

(j) of section 9.60 of this article or became the appropriate director

pursuant to this paragraph or subdivision (c) of section 9.48 of this

article, notifying the director of community services of the new county

of residence when he or she has reason to believe that an assisted

outpatient has or will change his or her county of residence during the

pendency of an assisted outpatient treatment order. Upon such change of

residence, the director of the new county of residence shall become the

appropriate director, as such term is defined in section 9.60 of this

article; and

(7) reporting on a quarterly basis to program coordinators the

information collected pursuant to this subdivision.

* NB Repealed June 30, 2027

* (c) In discharge of the duties imposed by subdivision (b) of section

9.60 of this article, directors of community services may provide

services directly, or may coordinate services with the offices of the

department or may contract with any public or private provider to

provide services for such programs as may be necessary to carry out the

duties imposed pursuant to this subdivision.

* NB Repealed June 30, 2027

Collected 2026-09-14T19:32:45Z. Source file · JSON

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