2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities 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.