§ 15.01 Definitions. As used in this article: “in need of care and treatment” means that a person has a developmental disability and would benefit from care and treatment as a resident in a school. “in need of involuntary care and treatment” means that a person is in need of in-patient care and treatment as […]
§ 15.03 Admission to a school. Unless otherwise specifically provided for by statute, a person with a developmental disability shall be admitted to a school as a resident only pursuant to the provisions of this article. The section of the mental hygiene law under which the resident is admitted or under which any change of […]
§ 15.05 Examining physician or psychologist and medical certificate. (a) A person is disqualified from acting as an examining physician or psychologist in the following cases: 1. if he is a relative of the person applying for the admission or of the person alleged to have a developmental disability. 2. if he is a manager, […]
§ 15.07 Notice to all residents of their rights and of the availability of the mental hygiene legal service. (a) Immediately upon the admission of any resident to a school or upon his conversion to a different status, the director shall inform the resident in writing of his status, including the section of this chapter […]
§ 15.09 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 school, written notice of such admission or conversion shall be given to the mental hygiene legal service within three days thereof and […]
§ 15.11 Records of residents. The director of a school shall within five days, excluding Sunday and holidays, after the admission of any resident forward to the mental hygiene legal service a record of such resident and shall simultaneously forward to the department such information from the record as the commissioner by regulation shall require. […]
§ 15.13 Voluntary admissions. (a) The director of any school may receive as a voluntary resident any person suitable for care and treatment, who voluntarily makes written application therefor. If such person be under eighteen years of age the application shall be made by the parent or legal guardian or next-of-kin of such person. (b) […]
§ 15.15 Voluntary admissions; suitability. (a) In order for a person to be suitable for admission to a school as a voluntary resident, or for conversion to such status he must be notified of and have the ability to understand the following: 1. that the school to which he is requesting admission is a school […]
§ 15.17 Voluntary admissions; notices. The director shall cause all residents admitted on their own application as voluntary residents to be informed annually of their status and rights as voluntary residents, including their right to avail themselves of the facilities of the mental hygiene legal service. At the time of such periodic notification, the written […]
§ 15.19 Voluntary admissions; encouragement of. (a) It shall be the duty of all state and local officers having duties to perform relating to persons with developmental disabilities to encourage any such person suitable therefor and in need of care and treatment for a developmental disability to apply for admission as a voluntary resident. (b) […]
§ 15.21 Voluntary 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 resident suitable and willing to apply therefor to a voluntary status. The mental hygiene legal service shall be given notice of […]
§ 15.23 Voluntary admissions; review of status. (a) No voluntary resident, 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 chapter, whichever is later, unless the […]
§ 15.25 Admission and retention of certain non-objecting residents. (a) The director of any school may receive and retain therein as a resident any person in need of care and treatment who does not object thereto and who is so profoundly or severely developmentally disabled that he does not have sufficient understanding to make him […]
§ 15.27 Involuntary admission on medical certification. (a) The commissioner may receive and retain in a school, as a resident any person alleged to have a developmental disability and be in need of involuntary care and treatment upon the certificates of two examining physicians or of one examining physician and one certified psychologist, accompanied by […]
§ 15.29 Involuntary admission on medical certification; notice of admission to residents 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 […]
§ 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 […]
§ 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 […]
§ 15.35 Review of court authorization to retain an involuntary resident. If a person who has been denied release or whose retention or 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 […]
§ 15.37 Transfer of juvenile delinquents. (a) The commissioner shall receive and arrange for the admission of juvenile delinquents temporarily transferred to his custody pursuant to section 353.4 of the family court act to the appropriate office facility. (b) Immediately upon the admission of a juvenile as a resident pursuant to this section, the director […]
