2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.13 - Voluntary Admissions.

§ 9.13 Voluntary admissions.
(a)  The  director  of any hospital may receive as a voluntary patient
any suitable person in need of care and treatment, who voluntarily makes
written application therefor. If the person is under  sixteen  years  of
age,  the  person  may  be  received  as a voluntary patient only on the
application of the  parent,  legal  guardian,  or  next-of-kin  of  such
person,  or,  subject  to the terms of any court order or any instrument
executed pursuant to section three hundred eighty-four-a of  the  social
services  law, a social services official or authorized agency with care
and custody of such person pursuant to  the  social  services  law,  the
director  of  the  division for youth, acting in accordance with section
five hundred nine of the executive law, or a  person  or  entity  having
custody  of  the  person pursuant to an order issued pursuant to section
seven hundred fifty-six or one thousand fifty-five of the  family  court
act.  If the person is over sixteen and under eighteen years of age, the
director may, in his discretion, admit such person either as a voluntary
patient on his own application or on the  application  of  the  person's
parent,  legal  guardian,  next-of-kin,  or, subject to the terms of any
court order or any instrument executed pursuant to section three hundred
eighty-four-a of the social services law, a social services official  or
authorized  agency  with care and custody of such person pursuant to the
social services law, the director of the division for youth,  acting  in
accordance with section five hundred nine of the executive law, provided
that such person knowingly and voluntarily consented to such application
in accordance with such section, or a person or entity having custody of
the person pursuant to an order issued pursuant to section seven hundred
fifty-six or one thousand fifty-five of the family court act.
(b)  If such voluntary patient gives notice in writing to the director
of the patient's desire  to  leave  the  hospital,  the  director  shall
promptly  release  the  patient;  provided,  however,  that if there are
reasonable grounds for belief  that  the  patient  may  be  in  need  of
involuntary  care and treatment, the director may retain the patient for
a period not to exceed seventy-two hours from receipt  of  such  notice.
Before  the  expiration  of  such  seventy-two hour period, the director
shall either release the patient or apply to the supreme  court  or  the
county  court  in  the county where the hospital is located for an order
authorizing the involuntary retention of such patient.  The  application
and   proceedings  in  connection  therewith  shall  be  in  the  manner
prescribed in this article  for  a  court  authorization  to  retain  an
involuntary  patient,  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 patient is mentally ill and in need  of  retention
for  involuntary  care  and  treatment  in the hospital, the court shall
forthwith issue an order authorizing the retention of such  patient  for
care and treatment in the hospital, or, if requested by the patient, his
guardian,  or  committee,  in  such  other non-public hospital as may be
within the financial means of the patient, for a  period  not  exceeding
sixty  days  from  the  date  of  such  order.  Further  application for
retention of the patient for periods not exceeding six months, one year,
and two year periods thereafter, respectively, may thereafter be made in
accordance with the provisions of this article.
In the case of a patient under eighteen  years  of  age,  such  notice
requesting  release  of  the patient may be given by the patient, by the
person who made application for his admission, by a person of  equal  or
closer  relationship,  or  by  the mental hygiene legal service. If such
notice be given by any other person, the director may in his  discretion

refuse  to  discharge the patient and in the event of such refusal, such
other person or the mental  hygiene  legal  service  may  apply  to  the
supreme court or to a county court for the release of the patient.