New York Laws
Article 15 - Admission of People With Developmental Disabilities to Schools
15.33 - Court Authorization to Retain an Involuntary Resident.

(a) If the director shall determine that a resident 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 resident does not agree to remain in such school
as a voluntary resident, the director shall apply to the supreme court
or the county court in the county where the school 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 resident's release pursuant
to section 15.31, whichever is later; and the school is authorized to
retain the resident for such further period during which the school 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 resident 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 resident'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 resident
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 resident
within five days, excluding Sunday and holidays, from the date such
notice of such application was given such resident, and if the mental
hygiene legal service has not requested a hearing, the court receiving
the application may, if satisfied that the resident requires continued
retention for care and treatment or transfer and continued retention,
immediately issue an order authorizing continued retention of such
resident in such school for a period not to exceed one year from the
date of the order.
(c) Upon the demand of the resident 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 15.31. 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 the resident shall not have the right to
designate initially the county in which the hearing shall be held.
(d) If the director of a school, in which a resident is retained
pursuant to the foregoing subdivisions of this section, shall determine
that the condition of such resident requires his further retention in a
school, he shall, if such resident does not agree to remain in such
school as a voluntary resident, 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 school is located for an order
authorizing further continued retention of such resident. 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 resident or anyone on his behalf or the
mental hygiene legal service may request that the resident 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 resident shall have
appeared personally before the court. Orders obtained under this
subdivision shall authorize further continued retention of the resident
for periods not to exceed two years each from the date of the order.