N.Y. MHY Law § 9.33 — New York Code / Act MHY / Title B / Article 9 / Section 9.33
Court authorization to retain an involuntary patient
Status: in_force

§ 9.33 Court authorization to retain an involuntary patient.\n  (a) If the director shall determine that a patient admitted upon an\napplication supported by medical certification, for whom there is no\ncourt order authorizing retention for a specified period, is in need of\nretention and if such patient does not agree to remain in such hospital\nas a voluntary patient, the director shall apply to the supreme court or\nthe county court in the county where the hospital is located for an\norder authorizing continued retention. Such application shall be made no\nlater than sixty days from the date of involuntary admission on\napplication supported by medical certification or thirty days from the\ndate of an order denying an application for patient's release pursuant\nto section 9.31, whichever is later; and the hospital is authorized to\nretain the patient for such further period during which the hospital is\nauthorized to make such application or during which the application may\nbe pending. The director shall cause written notice of such application\nto be given the patient and a copy thereof shall be given personally or\nby mail to the persons required by this article to be served with notice\nof such patient's initial admission and to the mental hygiene legal\nservice. Such notice shall state that a hearing may be requested and\nthat failure to make such a request within five days, excluding Sunday\nand holidays, from the date that the notice was given to the patient\nwill permit the entry without a hearing of an order authorizing\nretention.\n  (b) If no request is made for a hearing on behalf of the patient\nwithin five days, excluding Sunday and holidays, from the date such\nnotice of such application was given such patient, and if the mental\nhygiene legal service has not requested a hearing, the court receiving\nthe application may, if satisfied that the patient requires continued\nretention for care and treatment or transfer and continued retention,\nimmediately issue an order authorizing continued retention of such\npatient in such hospital for a period not to exceed six months from the\ndate of the order or, if such patient is in a psychiatric hospital\noperated by a political subdivision of the state or in a general\nhospital, such order may direct the transfer of such patient to the\njurisdiction of the department for retention in a hospital operated by\nthe state or to a private facility having an appropriate operating\ncertificate, to be retained therein for a period not to exceed six\nmonths from the date of such order.\n  (c) Upon the demand of the patient or of anyone on his behalf or upon\nrequest of the mental hygiene legal service, the court shall, or may on\nits own motion, fix a date for the hearing of the application, in like\nmanner as is provided for hearings in section 9.31. The provisions of\nsuch section shall apply to the procedure for obtaining and holding a\nhearing and to the granting or refusal to grant an order of retention by\nthe court, except that if the patient has already had a hearing, he\nshall not have the right to designate initially the county in which the\nhearing shall be held.\n  (d) If the director of a hospital, in which a patient is retained\npursuant to the foregoing subdivisions of this section, shall determine\nthat the condition of such patient requires his further retention in a\nhospital, he shall, if such patient does not agree to remain in such\nhospital as a voluntary patient, apply during the period of retention\nauthorized by the last order of the court to the supreme court or the\ncounty court in the county where the hospital is located for an order\nauthorizing further continued retention of such patient. The procedures\nfor obtaining any order pursuant to this subdivision shall be in\naccordance with the provisions of the foregoing subdivisions of this\nsection; provided that the patient or anyone on his behalf or the mental\nhygiene legal service may request that the patient be brought personally\nbefore the court, in which case the court shall not grant an order for\nperiods of one year or longer unless such patient shall have appeared\npersonally before the court. The period for continued retention pursuant\nto the first order obtained under this subdivision shall authorize\nfurther continued retention of the patient for not more than one year\nfrom the date of the order. The period for the further continued\nretention of the patient authorized by any subsequent order under this\nsubdivision shall be for periods not to exceed two years each from the\ndate of the order.\n