2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities to Schools › 15.27 - Involuntary Admission on Medical Certification.

§ 15.27 Involuntary admission on medical certification.
(a) The commissioner may receive and retain in a school, as a resident
any  person alleged to have a developmental disability and be in need of
involuntary care and treatment upon the certificates  of  two  examining
physicians or of one examining physician and one certified psychologist,
accompanied  by  an  application  for  the admission of such person. The
examination may be conducted jointly but each examiner shall  execute  a
separate certificate.
(b)  Such  application must have been executed within six months prior
to such admission. It may be executed by any one of the following:
1. any person with whom the person alleged  to  have  a  developmental
disability resides.
2.  the  father  or mother, husband or wife, brother or sister, or the
child of any such person or the nearest available relative.
3. the committee of such person or his judicially appointed guardian.
4. an officer of any well recognized charitable institution or  agency
or   home   including  but  not  limited  to  the  superintendent  of  a
correctional facility, as such term  is  defined  in  paragraph  (a)  of
subdivision  four  of  section  two  of  the  correction  law,  in whose
institution the  person  alleged  to  have  a  developmental  disability
resides.
5.  the director of community services or social services official, as
defined in the social services law, of the city or county in  which  any
such person may be.
6. the director of the facility in which the resident resides.
7.  the  director of the division for youth, acting in accordance with
the provisions of section five hundred nine of the executive law.
(c) Such application shall contain a statement of the facts upon which
the allegation  of  developmental  disability  and  need  for  care  and
treatment  are  based and shall be executed under penalty of perjury but
shall not require the signature of a notary public thereon.
(d) Before an examining physician or certified psychologist  completes
the  certificate  of  examination  of  a person for involuntary care and
treatment, he shall consider alternative forms  of  care  and  treatment
that  might  be  adequate  to  provide  for  the  person's needs without
requiring involuntary care and treatment. If the examining physician  or
certified  psychologist  knows  that  the  person  he  is  examining for
involuntary care and treatment has been under prior treatment, he shall,
insofar  as  possible,  consult  with  the  physician  or   psychologist
furnishing  such  prior  treatment  prior to completing his certificate.
Nothing in this section shall prohibit  or  invalidate  any  involuntary
admission made in accordance with the provisions of this chapter.
(e)  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  physicians  or  certified
psychologist  whose  certificate   or   certificates   accompanied   the
application  and,  if  such person is found to be in need of involuntary
care and treatment, he may be admitted thereto as a resident  as  herein
provided.
(f)  Following  admission  to  a  school,  no  resident may be sent to
another school by any form of involuntary admission  unless  the  mental
hygiene legal service has been given notice thereof.