NY Ment Hygiene L § 15.31 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 15 - Admission of the Mentally Retarded to Schools 15.31 - Involuntary Admission on Medical Certification; Resident's Right to a Hearing.

§ 15.31 Involuntary admission on medical certification; resident's right           to a hearing.  (a)  If,  at  any  time prior to the expiration of sixty days from the date of involuntary admission of a resident on an application  supported by  medical  certification,  he  or any relative or friend or the mental hygiene legal service gives notice in writing to the director of request for hearing on the question of need for care and treatment at a  school, a  hearing  shall  be  held  as  herein provided. The resident or person requesting a hearing on behalf of the resident may designate the  county where  the  hearing  shall  be held, which shall be either in the county where the school is located, the county of the resident's  residence  or the  county in which the school to which the resident was first admitted is located. Such hearing shall be held  in  the  county  so  designated, subject  to application by any interested party, including the director, for change of venue to any other county because of  the  convenience  of parties or witnesses or the condition of the resident upon notice to the persons  required  to  be  served  with notice of the resident's initial admission.  (b) It shall be the duty of the director upon receiving notice of such request for hearing to forward forthwith a copy of such  notice  with  a record  of  the resident to the supreme court or the county court in the county designated by the applicant, if  one  be  designated,  or  if  no designation  be  made,  then to the supreme court or the county court in the county where such school is located.  A  copy  of  such  notice  and record shall also be given the mental hygiene legal service.  (c)  The  court  which receives such notice shall fix the date of such hearing at a time not later than five days from the date such notice  is received  by  the  court  and  cause  the  resident,  any  other  person requesting the hearing, the director, the mental hygiene  legal  service and  such other persons as the court may determine to be advised of such date. Upon such date, or upon such other date to  which  the  proceeding may  be adjourned, the court shall hear testimony and examine the person alleged to have a developmental disability if it be deemed advisable  in or  out  of  court.  If it be determined that the resident is in need of retention, the court shall  deny  the  application  for  the  resident's release. If it appears that the relatives of the resident or a committee of  his  person  are  willing  and able properly to care for him at some place other than a school, then, upon their written consent,  the  court may  order  the transfer of the resident to the care and custody of such relatives or such committee. If it be determined that  the  resident  is not  in  need  of  retention,  the  court shall order the release of the resident.  (d) If the court  shall  order  the  release  of  the  resident,  such resident shall forthwith be released.  (e)  The  director  of  the school authorized to retain or receive and retain such resident shall be immediately furnished with a copy  of  the order of the court.  (f)  The  papers  in any proceeding under this article which are filed with the county clerk shall be sealed and shall be exhibited only to the parties to the proceeding or someone properly interested, upon order  of the court.