reglab/statecodes huggingface dataset:
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.39 - Registration and Notification of Boards of Directors or Trustees of Certain Voluntary Not-for-Profit Facilities or Corporations.

§ 7.39 Registration  and notification of boards of directors or trustees
of certain voluntary not-for-profit facilities or corporations.
(a) Notwithstanding any other law, rule or regulation,  the  executive
director,  chairperson  or  president  of  a  voluntary,  not-for-profit
corporation or facility which is subject  to  the  jurisdiction  of  the
office  of  mental  health  shall furnish annually to the commissioner a
list of the names and addresses of the current members of the  board  of
directors  or  trustees  of  such  facility  or  corporation. Failure to
furnish such annual list shall remove such facility or corporation  from
consideration for recertification.
(b)  In  the event that such facility or corporation is found to be in
violation of the provisions of this chapter or of rules and  regulations
promulgated  by  the  commissioner  pursuant to this chapter which could
result in the revocation, cancellation, limitation or suspension of  the
operating  certificate  of such facility and if notice of such violation
is provided to the facility pursuant to such regulations, a copy of such
notice shall be provided to each of the current members of the board  of
directors   or   trustees   of  such  facility  or  corporation  by  the
commissioner.
(c) The commissioner  is  authorized  to  promulgate  such  rules  and
regulations  as  are  necessary  to  implement  the  provisions  of this
section.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.43 - The Children's Plan.

§ 7.43 The children's plan.
The  commissioner  of  mental  health,  in consultation with the state
  council on children  and  families  pursuant  to  section  four  hundred
  eighty-three-f   of   the   social   services  law,  shall  oversee  the
  implementation of the children's plan, developed pursuant to chapter six
  hundred sixty-seven of the laws of two thousand six,  and  shall  assist
  such  council  with  the  development  of future reports and plans. Both
  short-term and long-term recommendations of such report  shall  also  be
  made  a  discrete  part  of  the  office  of  mental  health's statewide
  comprehensive five year plan.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.45 - Retaliatory Personnel Actions.

§ 7.45 Retaliatory personnel actions.
Employees  of  facilities,  programs and providers operated, licensed,
  certified, authorized or funded by the office shall have protection from
  retaliatory action from employers as  provided  for  in  sections  seven
  hundred forty and seven hundred forty-one of the labor law.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 7 - Office of Mental Health › 7.47 - Mental Illness Anti-Stigma Grants.

§ 7.47 Mental illness anti-stigma grants.
(a)  The  office  shall develop and implement a program which provides
grants to organizations engaged in activities which eliminate the stigma
attached to mental illness and those with mental health needs.
(b) On or before the first day of February each year, the  comptroller
shall  certify  to  the  governor,  temporary  president  of the senate,
speaker of the assembly, chair of the senate finance committee and chair
of the assembly ways and means committee, the amount of money  deposited
in  the  mental  illness  anti-stigma fund during the preceding calendar
year as the result of revenue derived pursuant to  section  six  hundred
twenty-nine-a of the tax law.
(c) On or before the first day of February each year, the commissioner
of  mental  health  shall  provide  a  written  report  to the temporary
president of the senate, speaker of the assembly, chair  of  the  senate
finance committee, chair of the assembly ways and means committee, chair
of the senate committee on mental health and developmental disabilities,
and  chair  of  the  assembly mental health committee. Such report shall
include how the monies of the fund were utilized  during  the  preceding
calendar year and shall include:
(1) the amount of money dispersed from the fund;
(2) recipients of awards from the fund;
(3) the amount awarded to each; and
(4) the purposes for which such awards were granted.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.01 - Definitions.

§ 9.01 Definitions.
As used in this article:
"in  need  of  care  and  treatment"  means that a person has a mental
  illness for which  in-patient  care  and  treatment  in  a  hospital  is
  appropriate.
"in  need of involuntary care and treatment" means that a person has a
  mental illness for which care and treatment as a patient in  a  hospital
  is  essential to such person's welfare and whose judgment is so impaired
  that he is unable to understand the need for such care and treatment.
"likelihood to result in serious harm" or "likely to result in serious
  harm" means (a) a substantial risk of physical harm  to  the  person  as
  manifested  by  threats of or attempts at suicide or serious bodily harm
  or other conduct demonstrating that the person is dangerous  to  himself
  or  herself, or (b) a substantial risk of physical harm to other persons
  as manifested by homicidal or other violent behavior by which others are
  placed in reasonable fear of serious physical harm.
"need for retention" means that a person who has been  admitted  to  a
  hospital  pursuant  to  this  article is in need of involuntary care and
  treatment in a hospital for a further period.
"record"  of  a  patient  shall  consist  of  admission,  transfer  or
  retention  papers  and  orders,  and  accompanying data required by this
  article and by the regulations of the commissioner.
"director of community  services"  means  the  director  of  community
  services  for  the  mentally  disabled  appointed  pursuant  to  article
  forty-one of this chapter.
"qualified  psychiatrist"  means  a  physician  licensed  to  practice
  medicine in New York state who: (a) is a diplomate of the American board
  of  psychiatry  and  neurology  or  is  eligible to be certified by that
  board; or  (b)  is  certified  by  the  American  osteopathic  board  of
  neurology and psychiatry or is eligible to be certified by that board.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.03 - Admission to a Hospital.

§ 9.03 Admission to a hospital.
Unless otherwise specifically provided for by statute, a person with a
  mental  illness  shall  be  admitted to a hospital as an in-patient only
  pursuant to the provisions  of  this  article,  except  that  chemically
  dependent  patients  may  be  admitted to chemical dependence facilities
  operated by such hospitals under contract or agreement with  the  office
  of  alcoholism  and  substance  abuse  services  in  accordance with the
  provisions of article twenty-two of this chapter.  The  section  of  the
  mental  hygiene law under which a patient is admitted or under which any
  change of legal status is subsequently effected shall be stated  in  the
  patient's record.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.05 - Examining Physicians and Medical Certificates.

§ 9.05 Examining physicians and medical certificates.
(a)  A person is disqualified from acting as an examining physician in
the following cases:
1. if he is a relative of the person applying for the admission or  of
the person alleged to be mentally ill.
2.  if  he  is  a  manager,  trustee,  visitor,  proprietor,  officer,
director, or stockholder  of  the  hospital  in  which  the  patient  is
hospitalized  or to which it is proposed to admit such person, except as
otherwise provided in this chapter, or if he has any pecuniary interest,
directly or indirectly, in such hospital, provided that receipt of fees,
privileges, or compensation for treating or examining patients  in  such
hospital shall not be deemed to be a pecuniary interest.
3.  if  he  is  on  the staff of a proprietary facility to which it is
proposed to admit such person.
(b) A certificate, as required by this article,  must  show  that  the
person  is  mentally  ill  and  shall  be based on an examination of the
person alleged to be mentally ill made within ten days prior to the date
of admission. The date of the certificate shall  be  the  date  of  such
examination.  All certificates shall contain the facts and circumstances
upon which the judgment of the physicians is based and shall  show  that
the  condition  of the person examined is such that he needs involuntary
care and treatment in a hospital  and  such  other  information  as  the
commissioner may by regulation require.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.07 - Notice to All Patients of Their Rights and of the Availability of the Mental Hygiene Legal Service.

§ 9.07 Notice to all patients of their rights and of the availability of
the mental hygiene legal service.
(a)  Immediately  upon  the  admission of any patient to a hospital or
upon his conversion to a different status, the director shall inform the
patient in writing of his status, including the section of this  chapter
under  which  he  is hospitalized, and of his rights under this article,
including the availability of the mental hygiene legal service.  At  any
time  thereafter,  upon  the  request of the patient or of anyone on the
patient's behalf, the patient shall be permitted to communicate with the
mental hygiene  legal  service  and  avail  himself  of  the  facilities
thereof.
(b) The director of every hospital shall post copies of a notice, in a
form  and  manner  to  be  determined  by  the  commissioner,  at places
throughout the hospital  where  such  notice  will  be  conspicuous  and
visible to all patients, stating the following:
1. the availability of the mental hygiene legal service.
2.  a  general  statement  of the rights of patients under the various
admission or retention provisions of this article.
3. the right of the patient to  communicate  with  the  director,  the
board  of  visitors,  the  commissioner of mental health, and the mental
hygiene legal service.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.09 - Notices to Mental Hygiene Legal Service Concerning Minors.

§ 9.09 Notices to mental hygiene legal service concerning minors.
When  any  person under the age of eighteen years is admitted to or is
  converted from one admission status to another in any hospital,  written
  notice  of  such  admission  or  conversion shall be given to the mental
  hygiene legal service within three days thereof and  such  notice  shall
  specify the age of and admission procedure applicable to such person. No
  such person shall be transferred to any other hospital without the prior
  consent  of  such  person and the prior written consent of his parent or
  legal guardian unless three days prior written notice of  such  proposed
  transfer is given to the mental hygiene legal service and an opportunity
  is afforded to the service to see such person and to review the proposed
  transfer.  Immediately  upon release or transfer of any such person, the
  director of the hospital shall give the  mental  hygiene  legal  service
  written notice thereof.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.11 - Patients' Records.

* § 9.11 Patients' records.
Except  as  to  informal  patients  and  patients admitted pursuant to
  section 9.39 or 9.40, the director of a hospital shall within five days,
  excluding Sunday and  holidays,  after  the  admission  of  any  patient
  forward to the mental hygiene legal service a record of such patient and
  shall simultaneously forward to the department such information from the
  record as the commissioner by regulation shall require. Such information
  from the record in the department shall be accessible only in the manner
  set forth in section 33.13.
* NB Effective until July 1, 2027
  * § 9.11 Patients' records.
Except  as  to  informal  patients  and  patients admitted pursuant to
  section 9.39, the  director  of  a  hospital  shall  within  five  days,
  excluding  Sunday  and  holidays,  after  the  admission  of any patient
  forward to the mental hygiene legal service a record of such patient and
  shall simultaneously forward to the department such information from the
  record as the commissioner by regulation shall require. Such information
  from the record in the department shall be accessible only in the manner
  set forth in section 33.13.
* NB Effective July 1, 2027
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.15 - Informal Admissions.

§ 9.15 Informal admissions.
The  director  of  any  hospital approved by the commissioner for such
  purpose may receive therein as an informal patient any  suitable  person
  in  need of care and treatment requesting admission thereto. Such person
  may  be  admitted  as  a  patient  without  making  formal  or   written
  application  therefor  and  any such patient shall be free to leave such
  hospital at any time after such admission.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.17 - Voluntary and Informal Admissions; Suitability.

§ 9.17 Voluntary and informal admissions; suitability.
(a)  In  order for a person to be suitable for admission to a hospital
as a voluntary or informal patient, or for conversion to such status  he
must be notified of and have the ability to understand the following:
1. that the hospital to which he is requesting admission is a hospital
for the mentally ill.
2. that he is making an application for admission.
3.  the nature of the voluntary or informal status, as the case may be
and the  provisions  governing  release  or  conversion  to  involuntary
status.
(b)  The  department  shall  have  the  power  to examine the patients
admitted pursuant to this section and determine if they  belong  to  the
voluntary  or  informal class. If it be determined that any such patient
does not belong to the voluntary or informal class, the department shall
determine whether the patient shall be discharged or whether  procedures
shall  be  commenced  for  the  admission  of such patient to a hospital
pursuant to  other  sections  of  this  article.  The  decision  of  the
department shall be forthwith complied with by the director or person in
charge  of any such hospital. Any failure to conform to the requirements
of this section shall be considered a sufficient cause for revocation of
an operating certificate theretofore issued to a hospital.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.19 - Voluntary and Informal Admissions; Notices.

§ 9.19 Voluntary and informal admissions; notices.
The  director  shall  cause  all  patients  admitted  as  voluntary or
  informal patients to be informed once during  each  one  hundred  twenty
  days  of  hospitalization  of  their  status and rights, including their
  right to avail themselves of the facilities of the mental hygiene  legal
  service.  At the time of such periodic notification, the written consent
  of  a  patient  to his continued stay as a voluntary or informal patient
  shall be obtained and a copy  thereof  shall  be  given  to  the  mental
  hygiene legal service.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.21 - Voluntary and Informal Admissions; Encouragement Of.

§ 9.21 Voluntary and informal admissions; encouragement of.
(a) It shall be the duty of all state and local officers having duties
to perform relating to the mentally ill to encourage any person suitable
therefor  and  in need of care and treatment for mental illness to apply
for admission as a voluntary or informal patient.
(b) No requirement shall be made by rule, regulation, or otherwise  as
a  condition  to  admission  or  retention  that any person applying for
admission shall have the legal capacity to contract.
(c) A person requesting admission to a hospital, who is  suitable  for
admission  on  a voluntary or informal status, shall be admitted only on
such a voluntary or informal status. The hospital shall, in  such  case,
have  the  discretion  to admit the person on either such status, except
that, if the person  specifically  requests  admission  on  an  informal
status  and  is  suitable  therefor,  he  shall be admitted only on such
informal status.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.23 - Voluntary and Informal Admissions; Conversion To.

§ 9.23 Voluntary and informal admissions; conversion to.
(a)  Nothing  contained in this article shall be construed to prohibit
any director from converting, and it shall be his duty to  convert,  the
admission  of  any  involuntary  patient  suitable  and willing to apply
therefor to a voluntary status. The mental hygiene legal  service  shall
be  given  notice  of  every  conversion from an involuntary status to a
voluntary status.
(b) Any patient converted from an involuntary status  to  a  voluntary
status  shall  have  the  right to a judicial hearing before the supreme
court or a county court on the questions of  his  suitability  for  such
conversion  and on his willingness to be so converted. The procedure for
requesting such a hearing, except as to time limitations  and  questions
to  be  determined,  shall  be  pursuant  to subdivisions (a) and (b) of
section 9.31 of this article.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.25 - Voluntary and Informal Admissions; Review of Status.

§ 9.25 Voluntary and informal admissions; review of status.
(a)  No voluntary or informal patient, whether admitted on such status
or converted thereto, shall be continued in such  status  for  a  period
beyond  twelve  months  from  the date of commencement of such status or
beyond twelve months from the effective date of this statute,  whichever
is  later,  unless  the  suitability  of  such patient to remain in such
status and his willingness to so remain have been reviewed. The director
shall review the suitability of such patient to remain in  such  status,
and  the  mental  hygiene  legal service shall review the willingness of
such patient to remain in such status. Notice of  the  determination  of
the  patient's  suitability  made  by the director shall be given to the
mental hygiene legal service. If the mental hygiene legal service  finds
that  there  is  any ground to doubt the director's determination of the
suitability of such patient to remain in a voluntary or informal  status
or  the  willingness  of  the  patient  to  so  remain, it shall make an
application upon notice to the patient and the director of the hospital,
for a court order determining those questions. In any  such  proceeding,
the patient or someone on his behalf or the mental hygiene legal service
may  request  a  hearing.  If  the mental hygiene legal service finds no
grounds  to  doubt  the  determination  of  the  director  as   to   the
suitability,  or  the  willingness  of  the  patient  to  continue  in a
voluntary or informal status, it shall so certify and the patient may be
continued in the hospital in such status. A copy of  such  certification
of review shall be filed in the patient's record.
(b) If an application for a court order has been made and a hearing is
requested,  the  provisions governing hearings contained in section 9.31
of this article shall be applicable.
(c) If an application for a court order has been made, the  court,  in
determining the proceeding, may approve the continued hospitalization of
the  patient  as  a voluntary or informal patient or, if the court finds
that the patient is not suitable or willing to continue as  a  voluntary
or  informal  patient, it may order the discharge of the patient or make
such other order as it may deem appropriate in the circumstances.
(d) Prior to the termination of twelve months from  the  date  of  the
certification  on  such first review by the mental hygiene legal service
or, if an application for a court order has been made, from the date  of
the  first  order  and,  thereafter,  prior to the termination of twelve
months from any subsequent certification or  subsequent  order,  as  the
case  may  be,  the  director and the mental hygiene legal service shall
conduct another review of the patient's suitability and  willingness  to
remain  as a voluntary or informal patient as set forth in the foregoing
subdivisions.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.29 - Involuntary Admission on Medical Certification; Notice of Admission to Patients and Others.

§ 9.29 Involuntary   admission   on  medical  certification;  notice  of
admission to patients and others.
(a) The director shall cause written notice of a person's  involuntary
admission  on  an  application  supported by medical certification to be
given forthwith to the mental hygiene legal service.
(b) The director shall cause written notice of the admission  of  such
person,  including  such person's rights under this article, to be given
personally or by mail not later than five  days,  excluding  Sunday  and
holidays, after such admission to the following:
1.  the  nearest  relative  of  the person alleged to be mentally ill,
other than the applicant, if there be  any  such  person  known  to  the
director.
2.  as  many  as three additional persons, if designated in writing to
receive such notice by the person so admitted.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.35 - Review of Court Authorization to Retain an Involuntary Patient.

§ 9.35 Review of court authorization to retain an involuntary patient.
If  a person who has been denied release or whose retention, continued
  retention, or transfer  and  continued  retention  has  been  authorized
  pursuant  to  this  article, or any relative or friend in his behalf, be
  dissatisfied with any such order he may, within thirty  days  after  the
  making  of  any  such  order,  obtain  a  rehearing  and a review of the
  proceedings already had and of such order upon a petition to  a  justice
  of  the supreme court other than the judge or justice presiding over the
  court making such order. Such justice shall cause a jury to be  summoned
  and  shall  try  the  question  of  the  mental illness and the need for
  retention of the patient so authorized to be retained. Any such  patient
  or the person applying on his behalf for such review may waive the trial
  of  the  fact  by a jury and consent in writing to trial of such fact by
  the court. No such petition for rehearing and review shall  be  made  by
  anyone other than the person so authorized to be retained or the father,
  mother,  husband,  wife,  or child of such person, unless the petitioner
  shall have first obtained the leave of the court upon good cause  shown.
  If the verdict of the jury, or the decision of the court when jury trial
  has  been  waived, be that such person does not have a mental illness or
  is not in need of retention the justice shall forthwith  discharge  him,
  but  if  the  verdict  of the jury, or the decision of the court where a
  jury trial has been waived, be that such person has a mental illness and
  is in need of retention the justice shall certify that fact and make  an
  order  authorizing  continued  retention  under the original order. Such
  order shall be presented, at the  time  of  authorization  of  continued
  retention  of such mentally ill person, to, and filed with, the director
  of the hospital in which the person with a mental illness is  authorized
  to  be retained, and a copy thereof shall be forwarded to the department
  by such director and filed in the office thereof. Proceedings under  the
  order  shall  not  be stayed pending an appeal therefrom, except upon an
  order of a justice of the supreme court, made upon a notice and after  a
  hearing,  with  provisions  made  therein  for  such  temporary  care or
  confinement of the alleged person with a mental illness as may be deemed
  necessary.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.46 - Reports of Substantial Risk or Threat of Harm by Mental Health Professionals.

§ 9.46 Reports  of  substantial  risk or threat of harm by mental health
professionals.
(a)  For  purposes  of  this  section,   the   term   "mental   health
professional"  shall  include  a  physician, psychiatrist, psychologist,
registered nurse,  licensed  clinical  social  worker,  licensed  master
social   worker,   licensed  mental  health  counselor,  clinical  nurse
specialist, certified nurse practitioner, licensed clinical marriage and
family therapist, or a licensed professional nurse.
(b) Notwithstanding any other law  to  the  contrary,  when  a  mental
health  professional  currently providing treatment services to a person
determines, in the exercise of reasonable  professional  judgment,  that
such  person is likely to engage in conduct that would result in serious
harm to self or others, he or she shall be required to report,  as  soon
as practicable, to the director of community services, or the director's
designee,  who shall report to the division of criminal justice services
whenever he or she agrees that the person is likely to  engage  in  such
conduct.  Information  transmitted  to  the division of criminal justice
services shall be limited to names and  other  non-clinical  identifying
information,  which  may  only be used for determining whether a license
issued pursuant to section 400.00 of the penal law should  be  suspended
or  revoked,  or  for  determining  whether a person is ineligible for a
license issued pursuant to section 400.00 of the penal  law,  or  is  no
longer permitted under state or federal law to possess a firearm.
(c)  Nothing  in  this  section shall be construed to require a mental
health professional to  take  any  action  which,  in  the  exercise  of
reasonable  professional  judgment,  would  endanger  such mental health
professional or increase the danger to a potential victim or victims.
(d) The decision of a mental health professional to disclose or not to
disclose in accordance with this section, when made  reasonably  and  in
good  faith,  shall not be the basis for any civil or criminal liability
of such mental health professional.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.49 - Transfer of Juvenile Delinquents.

§ 9.49 Transfer of juvenile delinquents.
(a)  The  commissioner  shall receive and arrange the admission to the
appropriate  office  facility  of   juvenile   delinquents   temporarily
transferred to his custody pursuant to section 353.4 of the family court
act.
(b) Immediately upon the admission of a juvenile to an office facility
pursuant  to this section, the director shall comply with the provisions
of section 9.07 of this chapter, and the mental  hygiene  legal  service
shall   contact  such  juvenile  and  explain  and  make  available  the
facilities thereof. Any juvenile placed pursuant to this  section  shall
be subject to the provisions of article nine of this chapter.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.53 - Children in the Custody of Social Services Officials or the Division for Youth.

§ 9.53 Children  in  the  custody  of  social  services officials or the
division for youth.
(a) Admission of a child in the care and custody of a social  services
official or authorized agency, the director of the division for youth or
a  person  or  entity  granted  such  custody  pursuant to section seven
hundred fifty-six or one thousand fifty-five of the family court act  to
a  hospital  or  residential  treatment  facility for children and youth
shall not be considered to effect a change in custody of such child  and
the  responsibilities  of  such  person  or entity having custody of the
child shall continue as  described  in  the  social  services  law,  the
executive law, the family court act and in any court order granting such
custody.
(b)  Persons  in the custody of a social services official, authorized
agency, the division for youth or another person or entity  pursuant  to
an  outstanding  and  valid  court  order  shall only be released to the
custody of that person or entity.
(c) Prior to the discharge or release of a child who at  the  time  of
such  release  remains  in  the  custody  of a social services official,
authorized agency, the division for youth, or a person or entity granted
such custody pursuant to section seven hundred fifty-six or one thousand
fifty-five of the family court act, the facility in which the  child  is
receiving treatment shall plan the discharge of the child as required in
section  29.15  of  this chapter. The facility shall prepare the plan in
collaboration with the person or entity having custody of the child  and
it  shall  be  the  duty  of such person or entity to cooperate with the
facility in that effort. Notwithstanding any inconsistent  provision  of
law,  and subject to separate interagency agreements to be negotiated by
the commissioner  of  mental  health  and  the  commissioner  of  social
services  and  the commissioner of mental health and the director of the
division for youth, information derived  from  the  clinical  record  as
required  by this section may be revealed to the person or entity having
custody of the child, to the  extent  release  of  such  information  is
necessary to assure adequate discharge planning.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.63 - Transportation of Persons to or Between Hospitals.

* § 9.63 Transportation of persons to or between hospitals.
In  carrying  out  the  transportation  of  any person to or between a
  hospital,  including  a  comprehensive  psychiatric  emergency  program,
  pursuant to the provisions of this article appropriate attempts shall be
  made to elicit the cooperation of the person to be transported, prior to
  resorting to compulsory means of transportation.
* NB Effective until June 30, 2027
  * § 9.61 Transportation of persons to or between hospitals.
In  carrying  out  the  transportation  of  any person to or between a
  hospital,  including  a  comprehensive  psychiatric  emergency  program,
  pursuant to the provisions of this article appropriate attempts shall be
  made to elicit the cooperation of the person to be transported, prior to
  resorting to compulsory means of transportation.
* NB Effective June 30, 2027
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 10 - Sex Offenders Requiring Civil Commitment or Supervision › 10.13 - Appeals.

§ 10.13 Appeals.
(a) The attorney general may, in the appellate division of the supreme
court,  seek  a  stay of any order under this article releasing a person
under this article.
(b) The attorney general may appeal as of right from an order  entered
pursuant  to subdivision (k) of section 10.06 of this article dismissing
the petition following a determination that probable  cause  to  believe
that the respondent is a sex offender requiring civil management has not
been  established. No appeal may be taken from an order entered pursuant
to subdivision (k) of section 10.06 of  this  article  determining  that
probable  cause  has been established to believe the respondent is a sex
offender  requiring  civil  management.  Both  the  respondent  and  the
attorney  general  may  appeal  from any final order entered pursuant to
this article. The provisions  of  articles  fifty-five,  fifty-six,  and
fifty-seven  of  the  civil  practice law and rules shall govern appeals
taken from orders entered pursuant to this article.
(c) In connection with any appeal, a  respondent  who  is  or  becomes
financially  unable  to  obtain  counsel  shall  have  the right to have
appellate counsel appointed on his or her behalf. Such counsel shall  be
appointed  by  the  court  to which an appeal is taken. If possible, the
court shall appoint the mental hygiene legal service. In the event  that
the court determines that the mental hygiene legal service cannot accept
appointment,   the   court   shall  appoint  an  attorney  eligible  for
appointment pursuant to article eighteen-B of  the  county  law,  or  an
entity,   if  any,  that  has  contracted  for  the  delivery  of  legal
representation services under subdivision (c) of section 10.15  of  this
article.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 10 - Sex Offenders Requiring Civil Commitment or Supervision › 10.15 - Compensation, Fees and Expenses.

§ 10.15 Compensation, fees and expenses.
(a)  Any  compensation, fee or expense paid pursuant to the provisions
of this article and article eighteen-B of the  county  law  shall  be  a
state  charge  payable on vouchers approved by the court which fixed the
same, after audit  by  and  on  the  warrant  of  the  comptroller.  Any
compensation,  fee or expense paid to such counsel so appointed shall be
paid out of funds appropriated to  the  administrative  office  for  the
courts. Each claim for compensation and reimbursement shall be supported
by  a  sworn  statement specifying the time expended, services rendered,
expenses incurred and  reimbursement  or  compensation  applied  for  or
received  in  the same case from any other source. The appropriate court
shall review and determine the reasonableness of the  claims,  including
the  number  of  hours  expended out of court by counsel and psychiatric
examiners. When a court appoints counsel pursuant to article  eighteen-B
of  the county law, such counsel shall be compensated in accordance with
the provisions of that article. Notwithstanding any other  provision  of
law,  psychiatric  examiners  who  are  appointed  by a court under this
article, and who perform such  examinations  other  than  as  government
employees,  shall  be  compensated  at  an  hourly rate to be set by the
administrative board of the judicial conference.
(b) Members of the case review panel established by subdivision (a) of
section 10.05 of this article shall be  entitled  to  reimbursement  for
expenses  reasonably  incurred  for the performance of duties under this
article.
(c) The state may contract with entities for the  provision  of  legal
representation   services  to  respondents  in  proceedings  under  this
article, within the amounts appropriated therefor.
2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 10 - Sex Offenders Requiring Civil Commitment or Supervision › 10.17 - Release of Information Authorized.

§ 10.17 Release of information authorized.
The  commissioner  is  authorized to release information in accordance
  with subparagraph (vii) of paragraph nine of subdivision (c) of  section
  33.13 of this chapter to appropriate persons and entities when necessary
  to protect the public concerning a specific sex offender requiring civil
  management  under this article, and to release information in accordance
  with subparagraph (viii) of paragraph nine of subdivision (c) of section
  33.13 of this chapter to the attorney general and case review panel when
  such persons or entities request such information  in  the  exercise  of
  their statutory functions, powers, and duties under this article.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.01 - Declaration of Policy.

§ 13.01 Declaration of policy.
The  state of New York and its local governments have a responsibility
  for the prevention and early detection of developmental disabilities and
  for the comprehensively planned provision of  services  including  care,
  treatment   habilitation  and  rehabilitation  of  their  citizens  with
  developmental disabilities.
Therefore, it shall be the policy of the state to conduct research and
  to develop programs to further the prevention  and  early  detection  of
  developmental  disabilities;  to  develop  a  comprehensive,  integrated
  system of services which has as its primary purposes the  promotion  and
  attainment  of  independence,  inclusion, individuality and productivity
  for persons with developmental disabilities; to serve the full range  of
  needs of persons with developmental disabilities by expanding the number
  and  types  of  community  based  services and developing new methods of
  service  delivery;  and  to  improve  the  equity,   effectiveness   and
  efficiency  of  services  for persons with developmental disabilities by
  serving persons in the community  as  well  as  those  in  developmental
  centers,  by  improving  the conditions in developmental centers, and by
  establishing accountability for carrying out the policies of  the  state
  with regard to such persons.
To accomplish these goals and meet the particular needs of individuals
  with  developmental disabilities, a new autonomous agency to be known as
  the  office  for  people  with  developmental  disabilities   has   been
  established.  The  office  and its commissioner shall plan and work with
  local governments and  voluntary  organizations  and  all  providers  of
  services,  and  individuals  with  developmental  disabilities and their
  families and  representatives,  to  develop  an  effective,  integrated,
  comprehensive  system  for  the  delivery  of all necessary supports and
  services to all  individuals  with  developmental  disabilities  and  to
  create  financing  procedures and mechanisms to support such a system of
  supports and services to ensure that all individuals with  developmental
  disabilities  in  need  of supports and services receive appropriate and
  timely supports and services close to their families and  community.  In
  carrying  out  these  responsibilities,  the office and its commissioner
  shall make full use of existing services  in  the  community,  including
  those  provided by voluntary and other service organizations, and within
  annual amounts made available shall add  in-home,  residential  and  day
  service  and  support capacity, to address the needs of individuals with
  developmental disabilities.
Any provisions of this article which explicitly  or  implicitly  apply
  to,  or reference, persons who are mentally retarded, shall be deemed to
  apply to, or reference, persons with developmental disabilities.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.03 - Definitions.

§ 13.03 Definitions.
As used in this title:
1. "office"   means   the   office   for   people  with  developmental
  disabilities.
2. "commissioner" means  the  head  of  the  office  for  people  with
  developmental disabilities.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.06 - Annual Plan.

§ 13.06 Annual plan.
The  commissioner  shall  submit an annual plan to the director of the
  budget for his review and approval. Such annual plan shall also be filed
  with the chairman of the assembly  ways  and  means  committee  and  the
  senate  finance  committee.  Such  plan  shall  identify those community
  residences to be converted to intermediate care facilities  for  persons
  with   developmental   disabilities.   In   developing  such  plan,  the
  commissioner  shall  utilize   specific   criteria,   including   client
  eligibility  criteria,  fiscal criteria and such other relevant criteria
  as he  may  deem  necessary,  to  assess  the  appropriateness  of  such
  conversion.  The procedures contained in this plan shall be applied on a
  case by  case  basis  to  individual  community  residential  sites.  No
  community residence shall be so converted unless it meets such criteria.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.11 - Organization and Administration of the Office for People With Developmental Disabilities and Its Facilities.

§ 13.11 Organization  and  administration  of the office for people with
developmental disabilities and its facilities.
(a)  The  commissioner  shall  have  the  professional   jurisdiction,
supervision, and control of the office and all department facilities for
persons with developmental disabilities.
(b)  The commissioner shall control the organization of the office and
may continue, establish, discontinue, expand,  and  contract  facilities
under his or her jurisdiction. The facilities set forth in section 13.17
in state operations offices may not be discontinued by the commissioner.
Units   and   facilities   shall   have   such  functions,  duties,  and
responsibilities as may be assigned to them by the commissioner.
(c) The commissioner may, within the  amounts  appropriated  therefor,
lease   space   or   facilities  in  which  services  for  persons  with
developmental disabilities are to be  provided.  He  may  delegate  this
authority to the facilities development corporation.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.15 - Programs of the Office for People With Developmental Disabilities.

§ 13.15 Programs   of   the   office   for   people  with  developmental
disabilities.
(a)  The  commissioner  shall  plan,  promote,   establish,   develop,
coordinate,  evaluate,  and conduct programs and services of prevention,
diagnosis, examination, care, treatment, rehabilitation,  training,  and
research for the benefit of individuals with developmental disabilities.
Such   programs   shall  include  but  not  be  limited  to  in-patient,
out-patient,   partial    hospitalization,    day    care,    emergency,
rehabilitative,  and other appropriate treatments and services. He shall
take all actions that are necessary, desirable, or proper  to  implement
the  purposes  of  this  chapter  and  to  carry  out  the  purposes and
objectives of the office within the amounts made available  therefor  by
appropriation,  grant,  gift,  devise,  bequest,  or allocation from the
mental health services fund established under section ninety-seven-f  of
the state finance law.
(b) The activities described in subdivision (a) of this section may be
undertaken  in cooperation and agreement with other offices, departments
or agencies of the state, local or federal  government,  or  with  other
organizations and individuals.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.19 - Personnel of the Office; Regulations.

§ 13.19 Personnel of the office; regulations.
(a)  The  commissioner  may, within the amounts appropriated therefor,
appoint and remove in accordance with law and applicable  rules  of  the
state  civil  service  commission,  such  officers  and employees of the
office for people with developmental disabilities as are  necessary  for
efficient  administration.  The commissioner shall, in exercising his or
her appointing authority, take, consistent with  article  twenty-three-A
of the correction law, all reasonable and necessary steps to ensure that
any  such  person  so appointed has not previously engaged in any act in
violation of any law which indicates a propensity to  act  in  a  manner
that  would  compromise  the  health  and  safety  of  individuals  with
developmental disabilities.
(b) The director of a hospital or institute in the office  shall  have
professional  qualifications  and  experience  to  be  prescribed by the
commissioner.
(c) Notwithstanding the provisions of any other law, the  position  of
deputy  director  in  an office facility may be filled by new hire or by
promotion open to employees who possess the minimum  qualifications  for
the position.
(c)  The use of volunteers in the office for people with developmental
disabilities  shall  be  encouraged.  The  commissioner  may   establish
regulations governing such volunteer services.
(d)  Where, and to the extent that, an agreement between the state and
an employee organization entered into pursuant to  article  fourteen  of
the  civil  service  law  so provides, the commissioner is authorized to
implement the  provisions  of  such  agreement  relating  to  discipline
consistent with the terms thereof.
2023 New York Laws › MHY - Mental Hygiene › Title C - Developmental Disabilties Act › Article 13 - Office for People With Developmental Disabilities › 13.23 - Education and Training Programs.

§ 13.23 Education and training programs.
(a)  The  commissioner shall have the power to establish such programs
of training and education related to developmental  disabilities  as  he
shall deem desirable.
(b)   The   director  of  each  facility  with  the  approval  of  the
commissioner may establish and supervise training and education programs
for employees. Directors of facilities authorized to establish  training
and  education  programs  may  enter  into  agreements  with educational
institutions to furnish such training in whole or in part.
(c) The commissioner may grant leaves of absence to employees  of  the
office for the purpose of receiving training or education for the better
performance  of  their  duties and, with the approval of the director of
the budget, may continue the salaries of such employees, in full  or  in
part,  in an amount not to exceed reimbursement for the loss of earnings
while receiving such training.