2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.47 - Duties of Local Officers in Regard to Their Persons With a Mental Illness.

§ 9.47 Duties of local officers in regard to their persons with a mental
illness.
* (a) All directors of community services, health officers, and social
services  officials,  as defined by the social services law, are charged
with the duty of seeing that all persons with a  mental  illness  within
their  respective communities who are in need of care and treatment at a
hospital are admitted to a hospital pursuant to the provisions  of  this
article.  Social services officials and health officers shall notify the
director of community services  of  any  such  person  coming  to  their
attention.  Pending  the  determination  of  the condition of an alleged
person with a mental illness, it shall be the duty of  the  director  of
community  services  and,  if  there  be  no such director, of the local
health officer to provide for the  proper  care  of  such  person  in  a
suitable facility.
* NB Effective until June 30, 2027
* All  directors  of  community  services, health officers, and social
services officials, as defined by the social services law,  are  charged
with  the  duty  of seeing that all persons with a mental illness within
their respective communities who are in need of care and treatment at  a
hospital  are  admitted to a hospital pursuant to the provisions of this
article. Social services officials and health officers shall notify  the
director  of  community  services  of  any  such  person coming to their
attention. Pending the determination of  the  condition  of  an  alleged
person  with  a  mental illness, it shall be the duty of the director of
community services and, if there be  no  such  director,  of  the  local
health  officer  to  provide  for  the  proper  care of such person in a
suitable facility.
* NB Effective June 30, 2027
* (b) All directors of community services shall be responsible for:
(1) receiving reports of persons  who  may  be  in  need  of  assisted
outpatient treatment and documenting the receipt date of such reports;
(2)  conducting  timely  investigations  of such reports and providing
written notice  upon  the  completion  of  investigations  to  reporting
persons  and  program  coordinators,  appointed  by  the commissioner of
mental health pursuant to subdivision (f) of section 7.17 of this title,
and  documenting  the  initiation   and   completion   dates   of   such
investigations and the dispositions;
(3)  filing of petitions for assisted outpatient treatment pursuant to
paragraph (vii) of subdivision (e) of section 9.60 of this article,  and
documenting the petition filing date and the date of the court order;
(4)  coordinating  the  timely delivery of court ordered services with
program coordinators and documenting the date assisted outpatients begin
to receive the services mandated in the court order; and
(5) ensuring evaluation of the need for  ongoing  assisted  outpatient
treatment  pursuant  to  subdivision (k) of section 9.60 of this article
prior to the expiration of any assisted outpatient treatment order;
(6) if he or she has been  ordered  to  provide  for  or  arrange  for
assisted  outpatient treatment pursuant to paragraph five of subdivision
(j) of section 9.60 of this article or became the  appropriate  director
pursuant  to  this  paragraph or subdivision (c) of section 9.48 of this
article, notifying the director of community services of the new  county
of  residence  when  he  or  she  has reason to believe that an assisted
outpatient has or will change his or her county of residence during  the
pendency  of an assisted outpatient treatment order. Upon such change of
residence, the director of the new county of residence shall become  the
appropriate  director,  as  such term is defined in section 9.60 of this
article; and
(7) reporting  on  a  quarterly  basis  to  program  coordinators  the
information collected pursuant to this subdivision.
* NB Repealed June 30, 2027
* (c) In discharge of the duties imposed by subdivision (b) of section
9.60  of  this  article,  directors  of  community  services may provide
services directly, or may coordinate services with the  offices  of  the
department  or  may  contract  with  any  public  or private provider to
provide services for such programs as may be necessary to carry out  the
duties imposed pursuant to this subdivision.
* NB Repealed June 30, 2027