N.Y. MHY Law § 9.13 — New York Code / Act MHY / Title B / Article 9 / Section 9.13
Voluntary admissions
Status: in_force

§ 9.13 Voluntary admissions.\n  (a) The director of any hospital may receive as a voluntary patient\nany suitable person in need of care and treatment, who voluntarily makes\nwritten application therefor. If the person is under sixteen years of\nage, the person may be received as a voluntary patient only on the\napplication of the parent, legal guardian, or next-of-kin of such\nperson, or, subject to the terms of any court order or any instrument\nexecuted pursuant to section three hundred eighty-four-a of the social\nservices law, a social services official or authorized agency with care\nand custody of such person pursuant to the social services law, the\ndirector of the division for youth, acting in accordance with section\nfive hundred nine of the executive law, or a person or entity having\ncustody of the person pursuant to an order issued pursuant to section\nseven hundred fifty-six or one thousand fifty-five of the family court\nact. If the person is over sixteen and under eighteen years of age, the\ndirector may, in his discretion, admit such person either as a voluntary\npatient on his own application or on the application of the person's\nparent, legal guardian, next-of-kin, or, subject to the terms of any\ncourt order or any instrument executed pursuant to section three hundred\neighty-four-a of the social services law, a social services official or\nauthorized agency with care and custody of such person pursuant to the\nsocial services law, the director of the division for youth, acting in\naccordance with section five hundred nine of the executive law, provided\nthat such person knowingly and voluntarily consented to such application\nin accordance with such section, or a person or entity having custody of\nthe person pursuant to an order issued pursuant to section seven hundred\nfifty-six or one thousand fifty-five of the family court act.\n  (b) If such voluntary patient gives notice in writing to the director\nof the patient's desire to leave the hospital, the director shall\npromptly release the patient; provided, however, that if there are\nreasonable grounds for belief that the patient may be in need of\ninvoluntary care and treatment, the director may retain the patient for\na period not to exceed seventy-two hours from receipt of such notice.\nBefore the expiration of such seventy-two hour period, the director\nshall either release the patient or apply to the supreme court or the\ncounty court in the county where the hospital is located for an order\nauthorizing the involuntary retention of such patient. The application\nand proceedings in connection therewith shall be in the manner\nprescribed in this article for a court authorization to retain an\ninvoluntary patient, except that notice of such application shall be\nserved forthwith and, if a hearing be demanded, the date for hearing to\nbe fixed by the court shall be at a time not later than three days from\nthe date such notice has been received by the court. If it be determined\nby the court that the patient is mentally ill and in need of retention\nfor involuntary care and treatment in the hospital, the court shall\nforthwith issue an order authorizing the retention of such patient for\ncare and treatment in the hospital, or, if requested by the patient, his\nguardian, or committee, in such other non-public hospital as may be\nwithin the financial means of the patient, for a period not exceeding\nsixty days from the date of such order. Further application for\nretention of the patient for periods not exceeding six months, one year,\nand two year periods thereafter, respectively, may thereafter be made in\naccordance with the provisions of this article.\n  In the case of a patient under eighteen years of age, such notice\nrequesting release of the patient may be given by the patient, by the\nperson who made application for his admission, by a person of equal or\ncloser relationship, or by the mental hygiene legal service. If such\nnotice be given by any other person, the director may in his discretion\nrefuse to discharge the patient and in the event of such refusal, such\nother person or the mental hygiene legal service may apply to the\nsupreme court or to a county court for the release of the patient.\n