2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities to Schools › 15.33 - Court Authorization to Retain an Involuntary Resident.

§ 15.33 Court authorization to retain an involuntary resident.
(a)  If  the director shall determine that a resident admitted upon an
application supported by medical certification, for  whom  there  is  no
court  order authorizing retention for a specified period, is in need of
retention and if such resident does not agree to remain in  such  school
as  a  voluntary resident, the director shall apply to the supreme court
or the county court in the county where the school  is  located  for  an
order authorizing continued retention. Such application shall be made no
later  than  sixty  days  from  the  date  of  involuntary  admission on
application supported by medical certification or thirty days  from  the
date  of an order denying an application for resident's release pursuant
to section 15.31, whichever is later; and the school  is  authorized  to
retain  the  resident for such further period during which the school is
authorized to make such application or during which the application  may
be  pending. The director shall cause written notice of such application
to be given the resident and a copy thereof shall be given personally or
by mail to the persons required by this article to be served with notice
of such resident's initial admission and to  the  mental  hygiene  legal
service.  Such  notice  shall  state that a hearing may be requested and
that failure to make such a request within five days,  excluding  Sunday
and  holidays,  from  the date that the notice was given to the resident
will permit  the  entry  without  a  hearing  of  an  order  authorizing
retention.
(b)  If  no  request  is  made for a hearing on behalf of the resident
within five days, excluding Sunday and  holidays,  from  the  date  such
notice  of  such  application was given such resident, and if the mental
hygiene legal service has not requested a hearing, the  court  receiving
the  application  may, if satisfied that the resident requires continued
retention for care and treatment or transfer  and  continued  retention,
immediately  issue  an  order  authorizing  continued  retention of such
resident in such school for a period not to exceed  one  year  from  the
date of the order.
(c) Upon the demand of the resident or of anyone on his behalf or upon
request  of the mental hygiene legal service, the court shall, or may on
its own motion, fix a date for the hearing of the application,  in  like
manner  as  is provided for hearings in section 15.31. The provisions of
such section shall apply to the procedure for obtaining  and  holding  a
hearing and to the granting or refusal to grant an order of retention by
the  court,  except  that  the  resident  shall  not  have  the right to
designate initially the county in which the hearing shall be held.
(d) If the director of a school,  in  which  a  resident  is  retained
pursuant  to the foregoing subdivisions of this section, shall determine
that the condition of such resident requires his further retention in  a
school,  he  shall,  if  such  resident does not agree to remain in such
school as a voluntary resident, apply during  the  period  of  retention
authorized  by  the  last order of the court to the supreme court or the
county court in the county where the school  is  located  for  an  order
authorizing further continued retention of such resident. The procedures
for  obtaining  any  order  pursuant  to  this  subdivision  shall be in
accordance with the provisions of the  foregoing  subdivisions  of  this
section;  provided  that  the  resident  or  anyone on his behalf or the
mental hygiene legal service may request that the  resident  be  brought
personally  before the court, in which case the court shall not grant an
order for periods of one year or longer unless such resident shall  have
appeared  personally  before  the  court.  Orders  obtained  under  this
subdivision shall authorize further continued retention of the  resident
for periods not to exceed two years each from the date of the order.