2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 15 - Admission of People With Developmental Disabilities to Schools › 15.31 - Involuntary Admission on Medical Certification; Resident's Right to a Hearing.

§ 15.31 Involuntary admission on medical certification; resident's right
to a hearing.
(a)  If,  at  any  time prior to the expiration of sixty days from the
date of involuntary admission of a resident on an application  supported
by  medical  certification,  he  or any relative or friend or the mental
hygiene legal service gives notice in writing to the director of request
for hearing on the question of need for care and treatment at a  school,
a  hearing  shall  be  held  as  herein provided. The resident or person
requesting a hearing on behalf of the resident may designate the  county
where  the  hearing  shall  be held, which shall be either in the county
where the school is located, the county of the resident's  residence  or
the  county in which the school to which the resident was first admitted
is located. Such hearing shall be held  in  the  county  so  designated,
subject  to application by any interested party, including the director,
for change of venue to any other county because of  the  convenience  of
parties or witnesses or the condition of the resident upon notice to the
persons  required  to  be  served  with notice of the resident's initial
admission.
(b) It shall be the duty of the director upon receiving notice of such
request for hearing to forward forthwith a copy of such  notice  with  a
record  of  the resident to the supreme court or the county court in the
county designated by the applicant, if  one  be  designated,  or  if  no
designation  be  made,  then to the supreme court or the county court in
the county where such school is located.  A  copy  of  such  notice  and
record shall also be given the mental hygiene legal service.
(c)  The  court  which receives such notice shall fix the date of such
hearing at a time not later than five days from the date such notice  is
received  by  the  court  and  cause  the  resident,  any  other  person
requesting the hearing, the director, the mental hygiene  legal  service
and  such other persons as the court may determine to be advised of such
date. Upon such date, or upon such other date to  which  the  proceeding
may  be adjourned, the court shall hear testimony and examine the person
alleged to have a developmental disability if it be deemed advisable  in
or  out  of  court.  If it be determined that the resident is in need of
retention, the court shall  deny  the  application  for  the  resident's
release. If it appears that the relatives of the resident or a committee
of  his  person  are  willing  and able properly to care for him at some
place other than a school, then, upon their written consent,  the  court
may  order  the transfer of the resident to the care and custody of such
relatives or such committee. If it be determined that  the  resident  is
not  in  need  of  retention,  the  court shall order the release of the
resident.
(d) If the court  shall  order  the  release  of  the  resident,  such
resident shall forthwith be released.
(e)  The  director  of  the school authorized to retain or receive and
retain such resident shall be immediately furnished with a copy  of  the
order of the court.
(f)  The  papers  in any proceeding under this article which are filed
with the county clerk shall be sealed and shall be exhibited only to the
parties to the proceeding or someone properly interested, upon order  of
the court.