NY Ment Hygiene L § 9.13 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 9 - Hospitalization of Persons With a Mental Illness 9.13 - Voluntary Admissions.

§ 9.13 Voluntary admissions.  (a)  The  director  of any hospital may receive as a voluntary patient any suitable person in need of care and treatment, who voluntarily makes written application therefor. If the person is under  sixteen  years  of age,  the  person  may  be  received  as a voluntary patient only on the application of the  parent,  legal  guardian,  or  next-of-kin  of  such person,  or,  subject  to the terms of any court order or any instrument executed pursuant to section three hundred eighty-four-a of  the  social services  law, a social services official or authorized agency with care and custody of such person pursuant to  the  social  services  law,  the director  of  the  division for youth, acting in accordance with section five hundred nine of the executive law, or a  person  or  entity  having custody  of  the  person pursuant to an order issued pursuant to section seven hundred fifty-six or one thousand fifty-five of the  family  court act.  If the person is over sixteen and under eighteen years of age, the director may, in his discretion, admit such person either as a voluntary patient on his own application or on the  application  of  the  person's parent,  legal  guardian,  next-of-kin,  or, subject to the terms of any court order or any instrument executed pursuant to section three hundred eighty-four-a of the social services law, a social services official  or authorized  agency  with care and custody of such person pursuant to the social services law, the director of the division for youth,  acting  in accordance with section five hundred nine of the executive law, provided that such person knowingly and voluntarily consented to such application in accordance with such section, or a person or entity having custody of the person pursuant to an order issued pursuant to section seven hundred fifty-six or one thousand fifty-five of the family court act.  (b)  If such voluntary patient gives notice in writing to the director of the patient's desire  to  leave  the  hospital,  the  director  shall promptly  release  the  patient;  provided,  however,  that if there are reasonable grounds for belief  that  the  patient  may  be  in  need  of involuntary  care and treatment, the director may retain the patient for a period not to exceed seventy-two hours from receipt  of  such  notice. Before  the  expiration  of  such  seventy-two hour period, the director shall either release the patient or apply to the supreme  court  or  the county  court  in  the county where the hospital is located for an order authorizing the involuntary retention of such patient.  The  application and   proceedings  in  connection  therewith  shall  be  in  the  manner prescribed in this article  for  a  court  authorization  to  retain  an involuntary  patient,  except  that  notice of such application shall be served forthwith and, if a hearing be demanded, the date for hearing  to be  fixed by the court shall be at a time not later than three days from the date such notice has been received by the court. If it be determined by the court that the patient is mentally ill and in need  of  retention for  involuntary  care  and  treatment  in the hospital, the court shall forthwith issue an order authorizing the retention of such  patient  for care and treatment in the hospital, or, if requested by the patient, his guardian,  or  committee,  in  such  other non-public hospital as may be within the financial means of the patient, for a  period  not  exceeding sixty  days  from  the  date  of  such  order.  Further  application for retention of the patient for periods not exceeding six months, one year, and two year periods thereafter, respectively, may thereafter be made in accordance with the provisions of this article.   In the case of a patient under eighteen  years  of  age,  such  notice requesting  release  of  the patient may be given by the patient, by the person who made application for his admission, by a person of  equal  or closer  relationship,  or  by  the mental hygiene legal service. If such notice be given by any other person, the director may in his  discretion  refuse  to  discharge the patient and in the event of such refusal, such other person or the mental  hygiene  legal  service  may  apply  to  the supreme court or to a county court for the release of the patient.