What are a Minor's Rights in New York When Commited to a Mental Ward?
Full Question:
Answer:
Please see the following NY statutes to determine applicability:
§ 9.07 Notice to all patients of their rights and of the availability of
the mental hygiene legal service.
(a) Immediately upon the admission of any patient to a hospital or
upon his conversion to a different status, the director shall inform the
patient in writing of his status, including the section of this chapter
under which he is hospitalized, and of his rights under this article,
including the availability of the mental hygiene legal service. At any
time thereafter, upon the request of the patient or of anyone on the
patient's behalf, the patient shall be permitted to communicate with the
mental hygiene legal service and avail himself of the facilities
thereof.
(b) The director of every hospital shall post copies of a notice, in a
form and manner to be determined by the commissioner, at places
throughout the hospital where such notice will be conspicuous and
visible to all patients, stating the following:
1. the availability of the mental hygiene legal service.
2. a general statement of the rights of patients under the various
admission or retention provisions of this article.
3. the right of the patient to communicate with the director, the
board of visitors, the commissioner of mental health, and the mental
hygiene legal service.
§ 9.27 Involuntary admission on medical certification.
(a) The director of a hospital may receive and retain therein as a
patient any person alleged to be mentally ill and in need of involuntary
care and treatment upon the certificates of two examining physicians,
accompanied by an application for the admission of such person. The
examination may be conducted jointly but each examining physician shall
execute a separate certificate.
(b) Such application must have been executed within ten days prior to
such admission. It may be executed by any one of the following:
1. any person with whom the person alleged to be mentally ill resides.
2. the father or mother, husband or wife, brother or sister, or the
child of any such person or the nearest available relative.
3. the committee of such person.
4. an officer of any public or well recognized charitable institution
or agency or home, including but not limited to the superintendent of a
correctional facility, as such term is defined in paragraph (a) of
subdivision four of section two of the correction law, in whose
institution the person alleged to be mentally ill resides.
5. the director of community services or social services official, as
defined in the social services law, of the city or county in which any
such person may be.
6. the director of the hospital or of a general hospital, as defined
in article twenty-eight of the public health law, in which the patient
is hospitalized.
7. the director or person in charge of a facility providing care to
alcoholics, or substance abusers or substance dependent persons.
8. the director of the division for youth, acting in accordance with
the provisions of section five hundred nine of the executive law.
9. subject to the terms of any court order or any instrument executed
pursuant to section three hundred eighty-four-a of the social services
law, a social services official or authorized agency which has, pursuant
to the social services law, care and custody or guardianship and custody
of a child over the age of sixteen.
10. subject to the terms of any court order a person or entity having
custody of a child pursuant to an order issued pursuant to section seven
hundred fifty-six or one thousand fifty-five of the family court act.
11. a qualified psychiatrist who is either supervising the treatment
of or treating such person for a mental illness in a facility licensed
or operated by the office of mental health.
(c) Such application shall contain a statement of the facts upon which
the allegation of mental illness and need for care and treatment are
based and shall be executed under penalty of perjury but shall not
require the signature of a notary public thereon.
(d) Before an examining physician completes the certificate of
examination of a person for involuntary care and treatment, he shall
consider alternative forms of care and treatment that might be adequate
to provide for the person's needs without requiring involuntary
hospitalization. If the examining physician knows that the person he is
examining for involuntary care and treatment has been under prior
treatment, he shall, insofar as possible, consult with the physician or
psychologist furnishing such prior treatment prior to completing his
certificate. Nothing in this section shall prohibit or invalidate any
involuntary admission made in accordance with the provisions of this
chapter.
(e) The director of the hospital where such person is brought shall
cause such person to be examined forthwith by a physician who shall be a
member of the psychiatric staff of such hospital other than the original
examining physicians whose certificate or certificates accompanied the
application and, if such person is found to be in need of involuntary
care and treatment, he may be admitted thereto as a patient as herein
provided.
(f) Following admission to a hospital, no patient may be sent to
another hospital by any form of involuntary admission unless the mental
hygiene legal service has been given notice thereof.
(g) Applications for involuntary admission of patients to residential
treatment facilities for children and youth or transfer of involuntarily
admitted patients to such facilities shall be reviewed by the
pre-admission certification committee serving such facility in
accordance with section 9.51 of this article.
(h) If a person is examined and determined to be mentally ill, the
fact that such person suffers from alcohol or substance abuse shall not
preclude commitment under this section.
(i) After an application for the admission of a person has been
completed and both physicians have examined such person and separately
certified that he or she is mentally ill and in need of involuntary care
and treatment in a hospital, either physician is authorized to request
peace officers, when acting pursuant to their special duties, or police
officers, who are members of an authorized police department or force or
of a sheriff's department, to take into custody and transport such
person to a hospital for determination by the director whether such
person qualifies for admission pursuant to this section. Upon the
request of either physician an ambulance service, as defined by
subdivision two of section three thousand one of the public health law,
is authorized to transport such person to a hospital for determination
by the director whether such person qualifies for admission pursuant to
this section.
§ 9.31 Involuntary admission on medical certification; patient's right
to a hearing.
(a) If, at any time prior to the expiration of sixty days from the
date of involuntary admission of a patient on an application supported
by medical certification, he or any relative or friend or the mental
hygiene legal service gives notice in writing to the director of request
for hearing on the question of need for involuntary care and treatment,
a hearing shall be held as herein provided. The patient or person
requesting a hearing on behalf of the patient may designate the county
where the hearing shall be held, which shall be either in the county
where the hospital is located, the county of the patient's residence, or
the county in which the hospital to which the patient was first admitted
is located. Such hearing shall be held in the county so designated,
subject to application by any interested party, including the director,
for change of venue to any other county because of the convenience of
parties or witnesses or the condition of the patient upon notice to the
persons required to be served with notice of the patient's initial
admission.
(b) It shall be the duty of the director upon receiving notice of such
request for hearing to forward forthwith a copy of such notice with a
record of the patient to the supreme court or the county court in the
county designated by the applicant, if one be designated, or if no
designation be made, then to the supreme court or the county court in
the county where such hospital is located. A copy of such notice and
record shall also be given the mental hygiene legal service.
(c) The court which receives such notice shall fix the date of such
hearing at a time not later than five days from the date such notice is
received by the court and cause the patient, any other person requesting
the hearing, the director, the mental hygiene legal service, and such
other persons as the court may determine to be advised of such date.
Upon such date, or upon such other date to which the proceeding may be
adjourned, the court shall hear testimony and examine the person alleged
to be mentally ill, if it be deemed advisable in or out of court. If it
be determined that the patient is in need of retention, the court shall
deny the application for the patient's release. If the patient is in a
psychiatric hospital maintained by a political subdivision of the state
or in a general hospital the court, upon notice to the patient and the
mental hygiene legal service and an opportunity to be heard, may order
the patient transferred to the jurisdiction of the department for
retention in a hospital operated by the state designated by the
commissioner or to a private facility having an appropriate operating
certificate for retention therein for the balance of the period for
which the hospital is authorized to retain the patient. If it appears,
however, that the relatives of the patient or a committee of his person
are willing and able properly to care for him at some place other than a
hospital, then, upon their written consent, the court may order the
transfer of the patient to the care and custody of such relatives or
such committee. If it be determined that the patient is not mentally ill
or not in need of retention, the court shall order the release of the
patient.
(d) If the court shall order the release of the patient, such patient
shall forthwith be released.
(e) The department or the director of the hospital authorized to
retain or receive and retain such patient, as the case may be, shall be
immediately furnished with a copy of the order of the court and, if a
transfer is ordered, shall immediately make provisions for the transfer
of such patient.
(f) The papers in any proceeding under this article which are filed
with the county clerk shall be sealed and shall be exhibited only to the
parties to the proceeding or someone properly interested, upon order of
the court.
§ 9.31 Involuntary admission on medical certification; patient's right
to a hearing.
(a) If, at any time prior to the expiration of sixty days from the
date of involuntary admission of a patient on an application supported
by medical certification, he or any relative or friend or the mental
hygiene legal service gives notice in writing to the director of request
for hearing on the question of need for involuntary care and treatment,
a hearing shall be held as herein provided. The patient or person
requesting a hearing on behalf of the patient may designate the county
where the hearing shall be held, which shall be either in the county
where the hospital is located, the county of the patient's residence, or
the county in which the hospital to which the patient was first admitted
is located. Such hearing shall be held in the county so designated,
subject to application by any interested party, including the director,
for change of venue to any other county because of the convenience of
parties or witnesses or the condition of the patient upon notice to the
persons required to be served with notice of the patient's initial
admission.
(b) It shall be the duty of the director upon receiving notice of such
request for hearing to forward forthwith a copy of such notice with a
record of the patient to the supreme court or the county court in the
county designated by the applicant, if one be designated, or if no
designation be made, then to the supreme court or the county court in
the county where such hospital is located. A copy of such notice and
record shall also be given the mental hygiene legal service.
(c) The court which receives such notice shall fix the date of such
hearing at a time not later than five days from the date such notice is
received by the court and cause the patient, any other person requesting
the hearing, the director, the mental hygiene legal service, and such
other persons as the court may determine to be advised of such date.
Upon such date, or upon such other date to which the proceeding may be
adjourned, the court shall hear testimony and examine the person alleged
to be mentally ill, if it be deemed advisable in or out of court. If it
be determined that the patient is in need of retention, the court shall
deny the application for the patient's release. If the patient is in a
psychiatric hospital maintained by a political subdivision of the state
or in a general hospital the court, upon notice to the patient and the
mental hygiene legal service and an opportunity to be heard, may order
the patient transferred to the jurisdiction of the department for
retention in a hospital operated by the state designated by the
commissioner or to a private facility having an appropriate operating
certificate for retention therein for the balance of the period for
which the hospital is authorized to retain the patient. If it appears,
however, that the relatives of the patient or a committee of his person
are willing and able properly to care for him at some place other than a
hospital, then, upon their written consent, the court may order the
transfer of the patient to the care and custody of such relatives or
such committee. If it be determined that the patient is not mentally ill
or not in need of retention, the court shall order the release of the
patient.
(d) If the court shall order the release of the patient, such patient
shall forthwith be released.
(e) The department or the director of the hospital authorized to
retain or receive and retain such patient, as the case may be, shall be
immediately furnished with a copy of the order of the court and, if a
transfer is ordered, shall immediately make provisions for the transfer
of such patient.
(f) The papers in any proceeding under this article which are filed
with the county clerk shall be sealed and shall be exhibited only to the
parties to the proceeding or someone properly interested, upon order of
the court.
§ 9.33 Court authorization to retain an involuntary patient.
(a) If the director shall determine that a patient 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 patient does not agree to remain in such hospital
as a voluntary patient, the director shall apply to the supreme court or
the county court in the county where the hospital 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 patient's release pursuant
to section 9.31, whichever is later; and the hospital is authorized to
retain the patient for such further period during which the hospital 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 patient 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 patient'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 patient
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 patient
within five days, excluding Sunday and holidays, from the date such
notice of such application was given such patient, and if the mental
hygiene legal service has not requested a hearing, the court receiving
the application may, if satisfied that the patient requires continued
retention for care and treatment or transfer and continued retention,
immediately issue an order authorizing continued retention of such
patient in such hospital for a period not to exceed six months from the
date of the order or, if such patient is in a psychiatric hospital
operated by a political subdivision of the state or in a general
hospital, such order may direct the transfer of such patient to the
jurisdiction of the department for retention in a hospital operated by
the state or to a private facility having an appropriate operating
certificate, to be retained therein for a period not to exceed six
months from the date of such order.
(c) Upon the demand of the patient 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 9.31. 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 if the patient has already had a hearing, he
shall not have the right to designate initially the county in which the
hearing shall be held.
(d) If the director of a hospital, in which a patient is retained
pursuant to the foregoing subdivisions of this section, shall determine
that the condition of such patient requires his further retention in a
hospital, he shall, if such patient does not agree to remain in such
hospital as a voluntary patient, 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 hospital is located for an order
authorizing further continued retention of such patient. 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 patient or anyone on his behalf or the mental
hygiene legal service may request that the patient 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 patient shall have appeared
personally before the court. The period for continued retention pursuant
to the first order obtained under this subdivision shall authorize
further continued retention of the patient for not more than one year
from the date of the order. The period for the further continued
retention of the patient authorized by any subsequent order under this
subdivision shall be for periods not to exceed two years each from the
date of the order.
