NY Ment Hygiene L § 15.25 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 15 - Admission of the Mentally Retarded to Schools 15.25 - Admission and Retention of Certain Non-Objecting Residents.

§ 15.25 Admission and retention of certain non-objecting residents.  (a)  The  director  of  any school may receive and retain therein as a resident any person in need of care and treatment who  does  not  object thereto  and  who  is so profoundly or severely developmentally disabled that he does not have sufficient understanding to make him suitable  for admission  as a voluntary resident upon an application, accompanied by a certificate of an examining physician  or  certified  psychologist.  The application  shall  conform  to  the requirements for an application set forth in section 15.27 of this article. The certificate of the examining physician  or  certified  psychologist,  in  addition   to   the   other requirements  for  such certificate set forth in this article, must show that the person sought to be admitted meets  the  requirements  of  this section.  (b)  The  director  of  the  school where such person is brought shall cause such person to be examined forthwith by a staff physician of  such school   other  than  the  original  examining  physician  or  certified psychologist whose certificate accompanied the application and, if  such person  is found to be suitable for admission under this section, he may be admitted thereto as a resident and  retained  therein  for  care  and treatment.  (c) If notice in writing that the resident be released from the school is  given to the director by the resident or any person on his behalf or by the mental hygiene legal service, the director shall promptly release the resident; provided, however, that, if there are  reasonable  grounds for  belief  that  the  resident  may be in need of involuntary care and treatment, the director may retain the resident  for  a  period  not  to exceed  seventy-two  hours  from  the receipt of such notice. Before the expiration of such seventy-two hour period, the  director  shall  either release  the  resident or apply to a court of record in the county where the school is located for an order authorizing the involuntary retention of  such  resident.  The  application  and  proceedings  in   connection therewith  shall be in the manner prescribed in this article for a court authorization to retain an involuntary resident, 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 resident  has a developmental disability and is in need of retention for involuntary care and treatment in the school, the court shall  forthwith issue  an  order authorizing the retention of such resident for care and treatment in the school for a period not exceeding sixty days  from  the date  of  such order. Further applications for retention of the resident for periods not exceeding one year,  and  successive  two  year  periods thereafter,  respectively, may thereafter be made in accordance with the provisions of this article.  (d) The director shall cause written notice of  a  person's  admission pursuant  to  this  section  to be given forthwith to the mental hygiene legal service. The mental hygiene legal service  shall  promptly  review such  admission.  Thereafter,  the  mental hygiene legal service and the director of the school shall make a review of such resident's  retention pursuant  to  this section at least once during each twelve month period of retention.