N.Y. MHY Law § 9.31 — New York Code / Act MHY / Title B / Article 9 / Section 9.31
Involuntary admission on medical certification; patient's right to a hearing
Status: in_force

§ 9.31 Involuntary admission on medical certification; patient's right\n         to a hearing.\n  (a) If, at any time prior to the expiration of sixty days from the\ndate of involuntary admission of a patient on an application supported\nby medical certification, he or any relative or friend or the mental\nhygiene legal service gives notice in writing to the director of request\nfor hearing on the question of need for involuntary care and treatment,\na hearing shall be held as herein provided. The patient or person\nrequesting a hearing on behalf of the patient may designate the county\nwhere the hearing shall be held, which shall be either in the county\nwhere the hospital is located, the county of the patient's residence, or\nthe county in which the hospital to which the patient was first admitted\nis located. Such hearing shall be held in the county so designated,\nsubject to application by any interested party, including the director,\nfor change of venue to any other county because of the convenience of\nparties or witnesses or the condition of the patient upon notice to the\npersons required to be served with notice of the patient's initial\nadmission.\n  (b) It shall be the duty of the director upon receiving notice of such\nrequest for hearing to forward forthwith a copy of such notice with a\nrecord of the patient to the supreme court or the county court in the\ncounty designated by the applicant, if one be designated, or if no\ndesignation be made, then to the supreme court or the county court in\nthe county where such hospital is located. A copy of such notice and\nrecord shall also be given the mental hygiene legal service.\n  (c) The court which receives such notice shall fix the date of such\nhearing at a time not later than five days from the date such notice is\nreceived by the court and cause the patient, any other person requesting\nthe hearing, the director, the mental hygiene legal service, and such\nother persons as the court may determine to be advised of such date.\nUpon such date, or upon such other date to which the proceeding may be\nadjourned, the court shall hear testimony and examine the person alleged\nto be mentally ill, if it be deemed advisable in or out of court. If it\nbe determined that the patient is in need of retention, the court shall\ndeny the application for the patient's release. If the patient is in a\npsychiatric hospital maintained by a political subdivision of the state\nor in a general hospital the court, upon notice to the patient and the\nmental hygiene legal service and an opportunity to be heard, may order\nthe patient transferred to the jurisdiction of the department for\nretention in a hospital operated by the state designated by the\ncommissioner or to a private facility having an appropriate operating\ncertificate for retention therein for the balance of the period for\nwhich the hospital is authorized to retain the patient. If it appears,\nhowever, that the relatives of the patient or a committee of his person\nare willing and able properly to care for him at some place other than a\nhospital, then, upon their written consent, the court may order the\ntransfer of the patient to the care and custody of such relatives or\nsuch committee. If it be determined that the patient is not mentally ill\nor not in need of retention, the court shall order the release of the\npatient.\n  (d) If the court shall order the release of the patient, such patient\nshall forthwith be released.\n  (e) The department or the director of the hospital authorized to\nretain or receive and retain such patient, as the case may be, shall be\nimmediately furnished with a copy of the order of the court and, if a\ntransfer is ordered, shall immediately make provisions for the transfer\nof such patient.\n  (f) The papers in any proceeding under this article which are filed\nwith the county clerk shall be sealed and shall be exhibited only to the\nparties to the proceeding or someone properly interested, upon order of\nthe court.\n