New York Laws
Article 15 - Admission of People With Developmental Disabilities to Schools
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 suitability of such resident to remain in such status
and his willingness to so remain have been reviewed. The director shall
review the suitability of such resident to remain in such status, and
the mental hygiene legal service shall review the willingness of such
resident to remain in such status. Notice of the determination of the
resident'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 resident to remain in a voluntary or informal status
or the willingness of the resident to so remain, it shall make an
application, upon notice to the resident and the director of the school,
for a court order determining those questions. In any such proceeding,
the resident or someone on his behalf or the mental hygiene legal
service may request a hearing. If the mental hygiene legal service finds
no ground to doubt the determination of the director as to the
suitability, or the willingness of the resident to continue in a
voluntary or informal status, it shall so certify and the resident may
be continued in the school in such status. A copy of such certification
of review shall be filed in the resident'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 33.31
shall be applicable.
(c) If an application for a court order has been made, the court, in
determining the proceeding, may approve the continuation of the resident
as a voluntary resident or, if the court finds that the resident is not
suitable or willing to continue as a voluntary resident, it may order
the discharge of the resident 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 by the mental hygiene legal service on such first review
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 resident's suitability and willingness to
remain as a voluntary resident, as set forth in the foregoing
subdivisions.

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