New York Laws
Article 15 - Admission of People With Developmental Disabilities to Schools
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) If such voluntary resident gives notice in writing to the director
of the resident's desire to leave the school, the director shall
promptly release the resident; provided, however, that if there are
reasonable grounds for belief that the resident may be in need of
involuntary care and treatment, the director may retain the resident 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 resident or apply to a court of record in the
county where the school is located for an order authorizing the
involuntary retention of such resident. The application and proceedings
in connection therewith shall be in the manner prescribed in this
article for a court authorization to retain an involuntary resident,
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 resident has a developmental disability and is in need of retention
for involuntary care and treatment in the school, the court shall
forthwith issue an order authorizing the retention of such resident for
care and treatment in the school, or, if requested by the resident, his
guardian, or committee, such other non-public school as may be within
the financial means of the resident, for a period not exceeding sixty
days from the date of such order. Further applications for retention of
the resident for periods not exceeding one year, and successive two year
periods thereafter, respectively, may thereafter be made in accordance
with the provisions of this article.
In the case of a resident under eighteen years of age, such notice
requesting release of the resident may be given by the resident, by the
person who made application for his admission, by a person of equal or
closer relationship to the resident, 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 resident 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
resident.

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