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Last updated January 2004
MENTAL HYGIENE
ARTICLE 9 – HOSPITALIZATION OF
THE MENTALLY ILL
§ 9.01 Definitions.
§ 9.03 Admission to a hospital.
§ 9.05 Examining physicians and medical
certificates.
§ 9.07 Notice to all patients of their rights and of
the availability of the mental hygiene legal service.
§ 9.09 Notices to mental hygiene legal service
concerning minors.
§ 9.11 Patients` records.
§ 9.13 Voluntary admissions.
§ 9.15 Informal admissions.
S 9.17 Voluntary and informal admissions;
suitability.
§ 9.19 Voluntary and informal admissions; notices.
§ 9.21 Voluntary and informal admissions;
encouragement of.
§ 9.23 Voluntary and informal admissions; conversion
to.
§ 9.25 Voluntary and informal admissions; review of
status.
§ 9.27 Involuntary admission on medical
certification.
§ 9.29 Involuntary admission on medical
certification; notice of admission to patients and others.
§ 9.31 Involuntary admission on medical
certification; patient`s right to a hearing.
§ 9.33 Court authorization to retain an involuntary
patient.
§ 9.35 Review of court authorization to retain an
involuntary patient.
§ 9.37 Involuntary admission on certificate of a
director of community services or his designee.
§ 9.39 Emergency admissions for immediate
observation, care, and treatment.
§ 9.40 Emergency observation, care and treatment in
comprehensive psychiatric emergency programs.
§ 9.41 Emergency admissions for immediate
observation, care, and treatment; powers of certain peace officers and police
officers.
§ 9.43 Emergency admissions for immediate observation,
care, and treatment; powers of courts.
§ 9.45 Emergency admissions for immediate
observation, care, and treatment; powers of directors of community services.
§ 9.47 Duties of local officers in regard to their
mentally ill.
§ 9.48 Duties of directors of assisted outpatient
treatment programs.
§ 9.49 Transfer of juvenile delinquents.
§ 9.51 Residential treatment facilities for children
and youth; admissions.
§ 9.53 Children in the custody of social services
officials or the division for youth.
§ 9.55 Emergency admissions for immediate
observation, care and treatment; powers of qualified psychiatrists.
§ 9.57 Emergency admissions for immediate
observation, care and treatment; powers of emergency room physicians.
§ 9.58 Transport for evaluation; powers of approved
mobile crisis outreach teams.
§ 9.59 Immunity from liability.
§ 9.60 Assisted outpatient treatment.
§ 9.61 Involuntary outpatient treatment.
§ 9.63 Transportation of persons to or between
hospitals.
S 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.
S 9.03 Admission to a
hospital.
Unless otherwise specifically provided for by statute, a
mentally ill person 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.
S 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.
S 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.
S 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.
* S 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
* S 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
S 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.
S 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.
S 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.
S 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.
S 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.
S 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 31.31.
S 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
31.31 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.
S 9.27 Involuntary
admission on medical certification.
(a) The director of a hospital may receive and retain
therein as a patient any person alleged to be mentally ill and in need of
involuntary care and treatment upon the certificates of two examining
physicians, accompanied by an application for the admission of such person. The
examination may be conducted jointly but each examining physician shall execute
a separate certificate.
(b) Such application must have been executed within ten days
prior to such admission. It may be executed by any one of the following:
1. any person with whom the person
alleged to be mentally ill resides.
2. the father or mother, husband or
wife, brother or sister, or the child of any such person or the nearest
available relative.
3. the committee of such person.
4. an officer of any public or well
recognized charitable institution or agency or home in whose institution the
person alleged to be mentally ill resides.
5. the director of community
services or social services official, as defined in the social services law, of
the city or county in which any such person may be.
6. the director of the hospital or
of a general hospital, as defined in article twenty-eight of the public health
law, in which the patient is hospitalized.
7. the director or person in charge
of a facility providing care to alcoholics, or substance abusers or substance
dependent persons.
8. the director of the division for
youth, acting in accordance with the provisions of section five hundred nine of
the executive law.
9. 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 which has, pursuant to the social services law, care and
custody or guardianship and custody of a child over the age of sixteen.
10. subject to the terms of any
court order a person or entity having custody of a child pursuant to an order
issued pursuant to section seven hundred fifty-six or one thousand fifty-five
of the family court act.
11. a qualified psychiatrist who is
either supervising the treatment of or treating such person for a mental
illness in a facility licensed or operated by the office of mental health.
(c) Such application shall contain a statement of the facts
upon which the allegation of mental illness and need for care and treatment are
based and shall be executed under penalty of perjury but shall not require the
signature of a notary public thereon.
(d) Before an examining physician completes the certificate
of examination of a person for involuntary care and treatment, he shall consider
alternative forms of care and treatment that might be adequate to provide for
the person`s needs without requiring involuntary hospitalization. If the
examining physician knows that the person he is examining for involuntary care
and treatment has been under prior treatment, he shall, insofar as possible,
consult with the physician or psychologist furnishing such prior treatment
prior to completing his certificate. Nothing in this section shall prohibit or
invalidate any involuntary admission made in accordance with the provisions of
this chapter.
(e) The director of the hospital where such person is
brought shall cause such person to be examined forthwith by a physician who
shall be a member of the psychiatric staff of such hospital other than the
original examining physicians whose certificate or certificates accompanied the
application and, if such person is found to be in need of involuntary care and
treatment, he may be admitted thereto as a patient as herein provided.
(f) Following admission to a hospital, no patient may be
sent to another hospital by any form of involuntary admission unless the mental
hygiene legal service has been given notice thereof.
(g) Applications for involuntary admission of patients to residential
treatment facilities for children and youth or transfer of involuntarily admitted
patients to such facilities shall be reviewed by the pre-admission
certification committee serving such facility in accordance with section 9.51
of this article.
(h) If a person is examined and determined to be mentally
ill, the fact that such person suffers from alcohol or substance abuse shall
not preclude commitment under this section.
(i) After an application for the admission of a person has
been completed and both physicians have examined such person and separately certified
that he or she is mentally ill and in need of involuntary care and treatment in
a hospital, either physician is authorized to request peace officers, when
acting pursuant to their special duties, or police officers, who are members of
an authorized police department or force or of a sheriff`s department, to take
into custody and transport such person to a hospital for determination by the
director whether such person qualifies for admission pursuant to this section. Upon
the request of either physician an ambulance service, as defined by subdivision
two of section three thousand one of the public health law, is authorized to
transport such person to a hospital for determination by the director whether
such person qualifies for admission pursuant to this section.
S 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.
S 9.31 Involuntary
admission on medical certification; patient`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 patient 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 involuntary care and treatment, a hearing shall be
held as herein provided. The patient or person requesting a hearing on behalf
of the patient may designate the county where the hearing shall be held, which
shall be either in the county where the hospital is located, the county of the
patient`s residence, or the county in which the hospital to which the patient
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 patient upon notice to the persons
required to be served with notice of the patient`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 patient 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
hospital 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 patient, 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 be mentally ill, if it be deemed advisable in or out of court.
If it be determined that the patient is in need of retention, the court shall deny
the application for the patient`s release. If the patient is in a psychiatric
hospital maintained by a political subdivision of the state or in a general
hospital the court, upon notice to the patient and the mental hygiene legal
service and an opportunity to be heard, may order the patient transferred to
the jurisdiction of the department for retention in a hospital operated by the
state designated by the commissioner or to a private facility having an
appropriate operating certificate for retention therein for the balance of the
period for which the hospital is authorized to retain the patient. If it
appears, however, that the relatives of the patient or a committee of his
person are willing and able properly to care for him at some place other than a
hospital, then, upon their written consent, the court may order the transfer of
the patient to the care and custody of such relatives or such committee. If it
be determined that the patient is not mentally ill or not in need of retention,
the court shall order the release of the patient.
(d) If the court shall order the release of the patient,
such patient shall forthwith be released.
(e) The department or the director of the hospital
authorized to retain or receive and retain such patient, as the case may be,
shall be immediately furnished with a copy of the order of the court and, if a transfer
is ordered, shall immediately make provisions for the transfer of such patient.
(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.
S 9.33 Court
authorization to retain an involuntary patient.
(a) If the director shall determine that a patient 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 patient does not agree to remain in such hospital as a voluntary
patient, the director shall apply to the supreme court or the county court in
the county where the hospital is located for an order authorizing continued
retention. Such application shall be made no later than sixty days from the
date of involuntary admission on application supported by medical certification
or thirty days from the date of an order denying an application for patient`s
release pursuant to section 9.31, whichever is later; and the hospital is
authorized to retain the patient for such further period during which the
hospital is authorized to make such application or during which the application
may be pending. The director shall cause written notice of such application to
be given the patient and a copy thereof shall be given personally or by mail to
the persons required by this article to be served with notice of such patient`s
initial admission and to the mental hygiene legal service. Such notice shall
state that a hearing may be requested and that failure to make such a request
within five days, excluding Sunday and holidays, from the date that the notice
was given to the patient will permit the entry without a hearing of an order
authorizing retention.
(b) If no request is made for a hearing on behalf of the
patient within five days, excluding Sunday and holidays, from the date such notice
of such application was given such patient, and if the mental hygiene legal
service has not requested a hearing, the court receiving the application may,
if satisfied that the patient requires continued retention for care and
treatment or transfer and continued retention, immediately issue an order
authorizing continued retention of such patient in such hospital for a period
not to exceed six months from the date of the order or, if such patient is in a
psychiatric hospital operated by a political subdivision of the state or in a
general hospital, such order may direct the transfer of such patient to the jurisdiction
of the department for retention in a hospital operated by the state or to a
private facility having an appropriate operating certificate, to be retained
therein for a period not to exceed six months from the date of such order.
(c) Upon the demand of the patient or of anyone on his
behalf or upon request of the mental hygiene legal service, the court shall, or
may on its own motion, fix a date for the hearing of the application, in like manner
as is provided for hearings in section 9.31. The provisions of such section
shall apply to the procedure for obtaining and holding a hearing and to the
granting or refusal to grant an order of retention by the court, except that if
the patient has already had a hearing, he shall not have the right to designate
initially the county in which the hearing shall be held.
(d) If the director of a hospital, in which a patient is
retained pursuant to the foregoing subdivisions of this section, shall
determine that the condition of such patient requires his further retention in
a hospital, he shall, if such patient does not agree to remain in such hospital
as a voluntary patient, apply during the period of retention authorized by the
last order of the court to the supreme court or the county court in the county
where the hospital is located for an order authorizing further continued
retention of such patient. The procedures for obtaining any order pursuant to
this subdivision shall be in accordance with the provisions of the foregoing
subdivisions of this section; provided that the patient or anyone on his behalf
or the mental hygiene legal service may request that the patient be brought
personally before the court, in which case the court shall not grant an order
for periods of one year or longer unless such patient shall have appeared personally
before the court. The period for continued retention pursuant to the first
order obtained under this subdivision shall authorize further continued
retention of the patient for not more than one year from the date of the order.
The period for the further continued retention of the patient authorized by any
subsequent order under this subdivision shall be for periods not to exceed two
years each from the date of the order.
S 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 is not mentally ill 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 is mentally ill and 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 mentally ill person 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 mentally ill
person as may be deemed necessary.
S 9.37 Involuntary
admission on certificate of a director of community services or his designee.
* (a) The director of a hospital, upon application by a
director of community services or an examining physician duly designated by him
or her, may receive and care for in such hospital as a patient any person who,
in the opinion of the director of community services or the director`s
designee, has a mental illness for which immediate inpatient care and treatment
in a hospital is appropriate and which is likely to result in serious harm to
himself or herself or others.
The need for immediate hospitalization shall be confirmed by
a staff physician of the hospital prior to admission. Within seventy-two hours,
excluding Sunday and holidays, after such admission, if such patient is to be
retained for care and treatment beyond such time and he or she does not agree
to remain in such hospital as a voluntary patient, the certificate of another
examining physician who is a member of the psychiatric staff of the hospital
that the patient is in need of involuntary care and treatment shall be filed
with the hospital. From the time of his or her admission under this section the
retention of such patient for care and treatment shall be subject to the
provisions for notice, hearing, review, and judicial approval of continued retention
or transfer and continued retention provided by this article for the admission
and retention of involuntary patients, provided that, for the purposes of such
provisions, the date of admission of the patient shall be deemed to be the date
when the patient was first received in the hospital under this section.
* NB Effective until
July 1, 2004
* (a) The director of a hospital, upon application by a
director of community services or an examining physician duly designated by
him, may receive and care for in such hospital as a patient any person who, in the
opinion of the director of community services or his designee, has a mental
illness for which immediate inpatient care and treatment in a hospital is
appropriate and which is likely to result in serious harm to himself or others;
"likelihood of serious harm" shall mean:
1. substantial risk of physical harm
to himself as manifested by threats of or attempts at suicide or serious bodily
harm or other conduct demonstrating that he is dangerous to himself, or
2. 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 or serious physical harm.
The need for immediate hospitalization shall be confirmed by
a staff physician of the hospital prior to admission. Within seventy-two hours,
excluding Sunday and holidays, after such admission, if such patient is to be
retained for care and treatment beyond such time and he does not agree to
remain in such hospital as a voluntary patient, the certificate of another
examining physician who is a member of the psychiatric staff of the hospital
that the patient is in need of involuntary care and treatment shall be filed
with the hospital. From the time of his admission under this section the
retention of such patient for care and treatment shall be subject to the
provisions for notice, hearing, review, and judicial approval of continued
retention or transfer and continued retention provided by this article for the
admission and retention of involuntary patients, provided that, for the
purposes of such provisions, the date of admission of the patient shall be
deemed to be the date when the patient was first received in the hospital under
this section.
* NB Effective
(b) The application for admission of a patient pursuant to
this section shall be based upon a personal examination by a director of community
services or his designee. It shall be in writing and shall be filed with the
director of such hospital at the time of the patient`s reception, together with
a statement in a form prescribed by the commissioner giving such information as
he may deem appropriate.
(c) Notwithstanding the provisions of subdivision (b) of
this section, in counties with a population of less than two hundred thousand, a
director of community services who is a licensed psychologist pursuant to
article one hundred fifty-three of the education law or a certified social
worker pursuant to article one hundred fifty-four of the education law but who
is not a physician may apply for the admission of a patient pursuant to this
section without a medical examination by a designated physician, if a hospital
approved by the commissioner pursuant to section 9.39 of this chapter is not
located within thirty miles of the patient, and the director of community
services has made a reasonable effort to locate a designated examining
physician but such a designee is not immediately available and the director of
community services, after personal observation of the person, reasonably
believes that he may have a mental illness which is likely to result in serious
harm to himself or others and inpatient care and treatment of such person in a
hospital may be appropriate. In the event of an application pursuant to this
subdivision, a physician of the receiving hospital shall examine the patient
and shall not admit the patient unless he or she determines that the patient
has a mental illness for which immediate inpatient care and treatment in a
hospital is appropriate and which is likely to result in serious harm to
himself or others. If the patient is admitted, the need for hospitalization
shall be confirmed by another staff physician within twenty-four hours. An
application pursuant to this subdivision shall be in writing and shall be filed
with the director of such hospital at the time of the patient`s reception, together
with a statement in a form prescribed by the commissioner giving such
information as he may deem appropriate, including a statement of the efforts
made by the director of community services to locate a designated examining
physician prior to making an application pursuant to this subdivision.
(d) After signing the application, the director of community
services or the director`s designee shall be authorized and empowered to take into
custody, detain, transport, and provide temporary care for any such person.
Upon the written request of such director or the director`s designee it shall
be the duty of peace officers, when acting pursuant to their special duties, or
police officers who are members of the state police or of an authorized police
department or force or of a sheriff’s department to take into custody and
transport any such person as requested and directed by such director or
designee. Upon the written request of such director or designee, an ambulance
service, as defined in subdivision two of section three thousand one of the
public health law, is authorized to transport any such person.
(e) Reasonable expenses incurred by the director of
community mental hygiene services or his designee for the examination and
temporary care of the patient and his transportation to and from the hospital
shall be a charge upon the county from which the patient was admitted and shall
be paid from any funds available for such purposes.
(f) The provisions of this section shall not be applicable
to continue any patient in a hospital who has already been admitted to the
hospital under this or any other section of this article.
(g) If a person is examined and determined to be mentally
ill the fact that such person suffers from alcohol or substance abuse shall not
preclude commitment under this section.
S 9.39 Emergency admissions for immediate
observation, care, and treatment.
(a) The director of any hospital maintaining adequate staff
and facilities for the observation, examination, care, and treatment of persons
alleged to be mentally ill and approved by the commissioner to receive and
retain patients pursuant to this section may receive and retain therein as a
patient for a period of fifteen days any person alleged to have a mental
illness for which immediate observation, care, and treatment in a hospital is
appropriate and which is likely to result in serious harm to himself or others.
"Likelihood to result in serious harm" as used in this article shall
mean:
1. substantial risk of physical harm
to himself as manifested by threats of or attempts at suicide or serious bodily
harm or other conduct demonstrating that he is dangerous to himself, or
2. 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.
The director shall cause to be entered upon the hospital
records the name of the person or persons, if any, who have brought such person
to the hospital and the details of the circumstances leading to the hospitalization
of such person.
The director shall admit such person pursuant to the
provisions of this section only if a staff physician of the hospital upon
examination of such person finds that such person qualifies under the
requirements of this section. Such person shall not be retained for a period of
more than forty-eight hours unless within such period such finding is confirmed
after examination by another physician who shall be a member of the psychiatric
staff of the hospital. Such person shall be served, at the time of admission,
with written notice of his status and rights as a patient under this section.
Such notice shall contain the patient`s name.
At the same time, such notice shall also be given to the mental hygiene
legal service and personally or by mail to such person or persons, not to
exceed three in number, as may be designated in writing to receive such notice
by the person alleged to be mentally ill. If at any time after admission, the
patient, any relative, friend, or the mental hygiene legal service gives notice
to the director in writing of request for court hearing on the question of need
for immediate observation, care, and treatment, a hearing shall be held as
herein provided as soon as practicable but in any event not more than five days
after such request is received, except that the commencement of such hearing
may be adjourned at the request of the patient. 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 patient to the supreme court or
county court in the county where such hospital is located. A copy of such
notice and record shall also be given the mental hygiene legal service. The
court which receives such notice shall fix the date of such hearing and cause
the patient or 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 be mentally ill, if it be deemed advisable in or out of court,
and shall render a decision in writing that there is reasonable cause to
believe that the patient has a mental illness for which immediate inpatient
care and treatment in a hospital is appropriate and which is likely to result
in serious harm to himself or others. If it be determined that there is such
reasonable cause, the court shall forthwith issue an order authorizing the
retention of such patient for any such purpose or purposes in the hospital for
a period not to exceed fifteen days from the date of admission. Any such order
entered by the court shall not be deemed to be an adjudication that the patient
is mentally ill, but only a determination that there is reasonable cause to retain
the patient for the purposes of this section.
(b) Within fifteen days of arrival at the hospital, if a
determination is made that the person is not in need of involuntary care and treatment,
he shall be discharged unless he agrees to remain as a voluntary or informal
patient. If he is in need of involuntary care and treatment and does not agree
to remain as a voluntary or informal patient, he may be retained beyond such
fifteen day period only by admission to such hospital or another appropriate
hospital pursuant to the provisions governing involuntary admission on
application supported by medical certification and subject to the provisions
for notice, hearing, review, and judicial approval of retention or transfer and
retention governing such admissions, provided that, for the purposes of such
provisions, the date of admission of the patient shall be deemed to be the date
when the patient was first received under this section. If a hearing has been
requested pursuant to the provisions of subdivision (a), the filing of an
application for involuntary admission on medical certification shall not delay
or prevent the holding of the hearing.
(c) If a person is examined and determined to be mentally
ill the fact that such person suffers from alcohol or substance abuse shall not
preclude commitment under this section.
* S 9.40 Emergency
observation, care and treatment in comprehensive psychiatric emergency
programs.
(a) The director of any comprehensive psychiatric emergency
program may receive and retain therein for a period not to exceed seventy-two hours,
any person alleged to have a mental illness for which immediate observation,
care and treatment in such program is appropriate and which is likely to result
in serious harm to the person or others. The director shall cause to be entered
upon the program records the name of the person or persons, if any, who have
brought the person alleged to have a mental illness to the program and the
details of the circumstances leading the person or persons to bring the person
alleged to have a mental illness to the program.
(b) The director shall cause examination of such persons to
be initiated by a staff physician of the program as soon as practicable and in
any event within six hours after the person is received into the program`s
emergency room. Such person may be retained for observation, care and treatment
and further examination for up to twenty-four hours if, at the conclusion of
such examination, such physician determines that such person may have a mental
illness for which immediate observation, care and treatment in a comprehensive
psychiatric emergency program is appropriate, and which is likely to result in
serious harm to the person or others.
(c) No person shall be involuntarily retained in accordance
with this section for more than twenty-four hours, unless (i) within that time
the determination of the examining staff physician has been confirmed after examination
by another physician who is a member of the psychiatric staff of the program
and (ii) the person is admitted to an extended observation bed, as such term is
defined in section 31.27 of this chapter. At the time of admission to an
extended observation bed, such person shall be served with written notice of
his status and rights as a patient under this section. Such notice shall
contain the patient`s name. The notice shall be provided to the same persons
and in the manner as if provided pursuant to subdivision (a) of section 9.39 of
this article. Written requests for court hearings on the question of need for immediate
observation, care and treatment shall be made, and court hearings shall be
scheduled and held, in the manner provided pursuant to subdivision (a) of
section 9.39 of this article, provided however, if a person is removed or
admitted to a hospital pursuant to subdivision (e) or (f) of this section the
director of such hospital shall be substituted for the director of the
comprehensive psychiatric emergency program in all legal proceedings regarding
the continued retention of the person.
(d) If at any time it is determined that the person is no
longer in need of immediate observation, care and treatment in accordance with this
section and is not in need of involuntary care and treatment in a hospital,
such person shall be released without regard to the provisions of section 29.15
of this chapter, unless such person agrees to be admitted to another
appropriate hospital as a voluntary or informal patient.
(e) If at any time within the seventy-two hour period it is
determined that such person continues to require immediate observation, care
and treatment in accordance with this section and such requirement is likely to
continue beyond the seventy-two hour period, such person shall be removed
within a reasonable period of time to an appropriate hospital authorized to
receive and retain patients pursuant to section 9.39 of this article and such
person shall be evaluated for admission and, if appropriate, shall be admitted
to such hospital in accordance with section 9.39 of this article, except that
if the person is admitted, the fifteen day retention period of subdivision (b)
of section 9.39 of this article shall be calculated from the time such person
was initially registered into the emergency room of the comprehensive
psychiatric emergency program. Any person removed to a hospital pursuant to
this paragraph shall be removed without regard to the provisions of section 29.11
or 29.15 of this chapter and shall not be considered to have been transferred
or discharged to another hospital.
(f) Nothing in this section shall preclude the involuntary
admission of a person to an appropriate hospital pursuant to the provisions of this
article if at any time during the seventy-two hour period it is determined that
the person is in need of involuntary care and treatment in a hospital and the
person does not agree to be admitted to a hospital as a voluntary or informal
patient. Efforts shall be made to assure that any arrangements for such
involuntary admissions in an appropriate hospital shall be made within a
reasonable period of time.
(g) If a person is examined and determined to be mentally
ill the fact that such person suffers from alcohol or substance abuse shall not
preclude receipt or retention under this section.
(h) All time periods referenced in this section shall be
calculated from the time such person is initially registered into the emergency
room of the comprehensive psychiatric emergency program.
* NB Repealed
* S 9.41 Emergency
admissions for immediate observation, care, and treatment; powers of certain
peace officers and police officers.
Any peace officer, when acting pursuant to his or her
special duties, or police officer who is a member of the state police or of an authorized
police department or force or of a sheriff`s department may take into custody
any person who appears to be mentally ill and is conducting himself or herself
in a manner which is likely to result in serious harm to the person or others.
Such officer may direct the removal of such person or remove him or her to any
hospital specified in subdivision (a) of section 9.39 or any comprehensive
psychiatric emergency program specified in subdivision (a) of section 9.40, or,
pending his or her examination or admission to any such hospital or program,
temporarily detain any such person in another safe and comfortable place, in
which event, such officer shall immediately notify the director of community
services or, if there be none, the health officer of the city or county of such
action.
* NB Effective until
* S 9.41 Emergency
admissions for immediate observation, care, and treatment; powers of certain
peace officers and police officers.
Any peace officer, when acting pursuant to his special
duties, or police officer who is a member of the state police or of an
authorized police department or force or of a sheriff`s department may take
into custody any person who appears to be mentally ill and is conducting himself
in a manner which is likely to result in serious harm to himself or
others. "Likelihood to result in
serious harm" shall mean (1) substantial risk of physical harm to himself
as manifested by threats of or attempts at suicide or serious bodily harm or
other conduct demonstrating that he is dangerous to himself, or (2) 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. Such officer may direct the removal of such person or remove him
to any hospital specified in subdivision (a) of section 9.39 or, pending his
examination or admission to any such hospital, temporarily detain any such
person in another safe and comfortable place, in which event, such officer
shall immediately notify the director of community services or, if there be
none, the health officer of the city or county of such action.
* NB Effective July 1,
2004
* S 9.43 Emergency
admissions for immediate observation, care, and treatment; powers of courts.
(a) Whenever any court of inferior or general jurisdiction
is informed by verified statement that a person is apparently mentally ill and
is conducting himself or herself in a manner which in a person who is not mentally
ill would be deemed disorderly conduct or which is likely to result in serious
harm to himself or herself, such court shall issue a warrant directing that
such person be brought before it. If, when said person is brought before the
court, it appears to the court, on the basis of evidence presented to it, that
such person has or may have a mental illness which is likely to result in
serious harm to himself or herself or others, the court shall issue a civil
order directing his or her removal to any hospital specified in subdivision (a)
of section 9.39 or any comprehensive psychiatric emergency program specified in
subdivision (a) of section 9.40, willing to receive such person for a determination
by the director of such hospital or program whether such person should be
retained therein pursuant to such section.
(b) Whenever a person before a court in a criminal action
appears to have a mental illness which is likely to result in serious harm to himself
or herself or others and the court determines either that the crime has not
been committed or that there is not sufficient cause to believe that such
person is guilty thereof, the court may issue a civil order as above provided,
and in such cases the criminal action shall
terminate.
* NB Effective until
July 1, 2004
* S 9.43 Emergency
admissions for immediate observation, care, and treatment; powers of courts.
(a) Whenever any court of inferior or general jurisdiction
is informed by verified statement that a person is apparently mentally ill and
is conducting himself in a manner which in a person who is not mentally ill would
be deemed disorderly conduct or which is likely to result in serious harm to
himself or others as defined in section 31.39, such court shall issue a warrant
directing that such person be brought before it. If, when said person is brought before the
court, it appears to the court, on the basis of evidence presented to it, that
such person has or may have a mental illness which is likely to result in
serious harm to himself or others, the court shall issue a civil order
directing his removal to any hospital specified in subdivision (a) of section
31.39 willing to receive such person for a determination by the director of such
hospital whether such person should be retained therein pursuant to such
section.
(b) Whenever a person before a court in a criminal action
appears to have a mental illness which is likely to result in serious harm to himself
or others and the court determines either that the crime has not been committed
or that there is not sufficient cause to believe that such person is guilty
thereof, the court may issue a civil order as above provided, and in such cases
the criminal action shall terminate.
* NB Effective July 1,
2004
* S 9.45 Emergency
admissions for immediate observation, care, and reatment;
powers of directors of community services.
The director of community services or the director`s
designee shall have the power to direct the removal of any person, within his
or her jurisdiction, to a hospital approved by the commissioner pursuant to subdivision
(a) of section 9.39 of this article, or to a comprehensive psychiatric
emergency program pursuant to subdivision (a) of section 9.40 of this article,
if the parent, adult sibling, spouse or child of the person, the committee of
the person, a licensed psychologist, registered professional nurse or certified
social worker currently responsible for providing treatment services to the
person, a licensed physician, health officer, peace officer or police officer
reports to him that such person has a mental illness for which immediate care
and treatment in a hospital is appropriate and which is likely to result in serious
harm to himself or herself or others. It shall be the duty of peace officers,
when acting pursuant to their special duties, or police officers, who are
members of an authorized police department or force or of a sheriff`s
department to assist representatives of such director to take into custody and
transport any such person. Upon the request of a director of community services
or the director`s designee an ambulance service, as defined in subdivision two
of section three thousand one of the public health law, is authorized to transport
any such person. Such person may then be retained in a hospital pursuant to the
provisions of section 9.39 or in a comprehensive psychiatric emergency program pursuant
to the provisions of section 9.40 of this article.
* NB Effective until
July 1, 2004
* S 9.45 Emergency
admissions for immediate observation, care, and treatment; powers of directors
of community services.
The director of community services or his designee shall
have the power to direct the removal of any person, within his jurisdiction, to
a hospital approved by the commissioner pursuant to subdivision (a) of section
9.39 of this article if the parent, spouse, or child of the person, a licensed
physician, health officer, peace officer or police officer reports to him that
such person has a mental illness for which immediate care and treatment in a
hospital is appropriate and which is likely to result in serious harm to
himself or others, as defined in section 9.39 of this article. It shall be the
duty of peace officers, when acting pursuant to their special duties, or police
officers, who are members of an authorized police department or force or of a sheriff`s
department to assist representatives of such director to take into custody and
transport any such person. Upon the request of a director of community services
or his designee an ambulance service, as defined in subdivision two of section
three thousand one of the public health law, is authorized to transport any
such person. Such person may then be retained pursuant to the provisions of
section 9.39 of this article.
* NB Effective July 1,
2004
S 9.47 Duties of local
officers in regard to their mentally ill.
(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 mentally ill persons 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 mentally ill person, 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.
* (b) All directors of community services shall be
responsible for the filing of petitions for assisted outpatient treatment
pursuant to paragraph (vi) of subdivision (e) of section 9.60 of this article,
for the receipt and investigation of reports of persons who are alleged to be
in need of such treatment and for coordinating the delivery of court ordered
services with program coordinators, appointed by the commissioner of mental
health, pursuant to subdivision (f) of section 7.17 of this chapter. 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,
2005
* S 9.48 Duties of
directors of assisted outpatient treatment programs.
(a)(1) Directors of assisted outpatient treatment programs
established pursuant to section 9.60 of this article shall provide a written
report to the program coordinators, appointed by the commissioner of mental health
pursuant to subdivision (f) of section 7.17 of this chapter, within three days
of the issuance of a court order. The report shall demonstrate that mechanisms
are in place to ensure the delivery of services and medications as required by
the court order and shall include, but not be limited to the following:
(i) a copy of the court order;
(ii) a copy of the written treatment
plan;
(iii) the identity of the case
manager or assertive community treatment team, including the name and contact
data of the organization which the case manager or assertive community
treatment team member represents;
(iv) the identity of providers of
services; and
(v) the date on which services have
commenced or will commence.
(2) The directors of assisted
outpatient treatment programs shall ensure the timely delivery of services
described in paragraph one of subdivision (a) of section 9.60 of this article
pursuant to any court order issued under such section. Directors of assisted
outpatient treatment programs shall immediately commence corrective action upon
receiving notice from program coordinators, that services are not being provided
in a timely manner. Such directors shall inform the program coordinator of such
corrective action.
(b) Directors of assisted outpatient treatment programs
shall submit quarterly reports to the program coordinators regarding the
assisted outpatient treatment program operated or administered by such
director. The report shall include the following information:
(i) the names of individuals served
by the program;
(ii) the percentage of petitions for
assisted outpatient treatment that are granted by the court;
(iii) any change in status of
assisted outpatients, including but not limited to the number of individuals
who have failed to comply with court ordered assisted outpatient treatment;
(iv) a description of material
changes in written treatment plans of assisted outpatients;
(v) any change in case managers;
(vi) a description of the categories
of services which have been ordered by the court;
(vii) living arrangements of
individuals served by the program including the number, if any, who are
homeless;
(viii) any other information as
required by the commissioner of mental health; and
(ix) any recommendations to improve
the program locally or statewide.
* NB Repealed June 30,
2005
S 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 t