Getting a court order to bring someone to the hospital who has a neurobiological disorder

There is a provision in NYS Law that allows a family member or someone else to go to court and state that a person has a neurobiological disorder (like schizophrenia or bipolar disorder) and may need hospitalization. The court then issues an order authorizing the police to bring the person to court to determine whether or not to take the person to the hospital.  Following is the relevant section of the law:

 *  §  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. (Posted 2/1999)

* NB Effective until 00/07/01

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