New York Laws
Article 15 - Admission of People With Developmental Disabilities to Schools
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 suitable for
admission as a voluntary resident upon an application, accompanied by a
certificate of an examining physician or certified psychologist. The
application shall conform to the requirements for an application set
forth in section 15.27 of this article. The certificate of the examining
physician or certified psychologist, in addition to the other
requirements for such certificate set forth in this article, must show
that the person sought to be admitted meets the requirements of this
section.
(b) The director of the school where such person is brought shall
cause such person to be examined forthwith by a staff physician of such
school other than the original examining physician or certified
psychologist whose certificate accompanied the application and, if such
person is found to be suitable for admission under this section, he may
be admitted thereto as a resident and retained therein for care and
treatment.
(c) If notice in writing that the resident be released from the school
is given to the director by the resident or any person on his behalf or
by the mental hygiene legal service, 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 the 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 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.
(d) The director shall cause written notice of a person's admission
pursuant to this section to be given forthwith to the mental hygiene
legal service. The mental hygiene legal service shall promptly review
such admission. Thereafter, the mental hygiene legal service and the
director of the school shall make a review of such resident's retention
pursuant to this section at least once during each twelve month period
of retention.

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