NY Ment Hygiene L § 9.31 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 9 - Hospitalization of Persons With a Mental Illness 9.31 - Involuntary Admission on Medical Certification; Patient's Right to a Hearing.

§ 9.31 Involuntary  admission  on medical certification; patient'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 patient 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 involuntary care and treatment, a hearing shall be held  as  herein  provided.  The  patient  or  person requesting  a  hearing on behalf of the patient may designate the county where the hearing shall be held, which shall be  either  in  the  county where the hospital is located, the county of the patient's residence, or the county in which the hospital to which the patient 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 patient upon notice to  the persons  required  to  be  served  with  notice of the patient'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  patient 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 hospital 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 patient, 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 be mentally ill, if it be deemed advisable in or out of court. If  it be  determined that the patient is in need of retention, the court shall deny the application for the patient's release. If the patient is  in  a psychiatric  hospital maintained by a political subdivision of the state or in a general hospital the court, upon notice to the patient  and  the mental  hygiene  legal service and an opportunity to be heard, may order the patient transferred  to  the  jurisdiction  of  the  department  for retention  in  a  hospital  operated  by  the  state  designated  by the commissioner or to a private facility having  an  appropriate  operating certificate  for  retention  therein  for  the balance of the period for which the hospital is authorized to retain the patient. If  it  appears, however,  that the relatives of the patient or a committee of his person are willing and able properly to care for him at some place other than a hospital, then, upon their written consent,  the  court  may  order  the transfer  of  the  patient  to the care and custody of such relatives or such committee. If it be determined that the patient is not mentally ill or not in need of retention, the court shall order the  release  of  the patient.  (d)  If the court shall order the release of the patient, such patient shall forthwith be released.  (e) The department or the  director  of  the  hospital  authorized  to retain  or receive and retain such patient, as the case may be, shall be immediately furnished with a copy of the order of the court  and,  if  a transfer  is ordered, shall immediately make provisions for the transfer of such patient.  (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.