N.Y. MHY Law § 15.33 — New York Code / Act MHY / Title C / Article 15 / Section 15.33
Court authorization to retain an involuntary resident
Status: in_force

§ 15.33 Court authorization to retain an involuntary resident.\n  (a) If the director shall determine that a resident 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 resident does not agree to remain in such school\nas a voluntary resident, the director shall apply to the supreme court\nor the county court in the county where the school 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 resident's release pursuant\nto section 15.31, whichever is later; and the school is authorized to\nretain the resident for such further period during which the school 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 resident 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 resident'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 resident\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 resident\nwithin five days, excluding Sunday and holidays, from the date such\nnotice of such application was given such resident, and if the mental\nhygiene legal service has not requested a hearing, the court receiving\nthe application may, if satisfied that the resident requires continued\nretention for care and treatment or transfer and continued retention,\nimmediately issue an order authorizing continued retention of such\nresident in such school for a period not to exceed one year from the\ndate of the order.\n  (c) Upon the demand of the resident 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 15.31. 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 the resident shall not have the right to\ndesignate initially the county in which the hearing shall be held.\n  (d) If the director of a school, in which a resident is retained\npursuant to the foregoing subdivisions of this section, shall determine\nthat the condition of such resident requires his further retention in a\nschool, he shall, if such resident does not agree to remain in such\nschool as a voluntary resident, 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 school is located for an order\nauthorizing further continued retention of such resident. 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 resident or anyone on his behalf or the\nmental hygiene legal service may request that the resident be brought\npersonally before the court, in which case the court shall not grant an\norder for periods of one year or longer unless such resident shall have\nappeared personally before the court. Orders obtained under this\nsubdivision shall authorize further continued retention of the resident\nfor periods not to exceed two years each from the date of the order.\n