N.Y. Mental Hygiene Law 15.35 – Review of court authorization to retain an involuntary resident
§ 15.35 Review of court authorization to retain an involuntary resident.
Terms Used In N.Y. Mental Hygiene Law 15.35
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- need for retention: means that a person who has been admitted to a school pursuant to this article is in need of involuntary care and treatment in a school for a further period. See N.Y. Mental Hygiene Law 15.01
- office: means the office for people with developmental disabilities. See N.Y. Mental Hygiene Law 13.03
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
If a person who has been denied release or whose retention or continued retention has been authorized pursuant to this article, or any relative or friend in his behalf, be dissatisfied with any such order he may, within thirty days after the making of any such order, obtain a rehearing and a review of the proceedings already had and of such order upon a petition to a justice of the supreme court other than the judge or justice presiding over the court making such order. Such justice shall cause a jury to be summoned and shall try the question of the developmental disability and the need for retention of the resident so authorized to be retained. Any such resident or the person applying on his behalf for such review may waive the trial of such fact by a jury and consent in writing to trial of such fact by the court. No such petition for rehearing and review may be made by anyone other than the person so authorized to be retained or the father, mother, husband, wife, or child of such person, unless the petitioner shall have first obtained the leave of the court upon good cause shown. If the verdict of the jury, or the decision of the court when jury trial has been waived, be that such person is not developmentally disabled or is not in need of retention the justice shall forthwith discharge him, but if the verdict of the jury, or the decision of the court where a jury trial has been waived, be that such person has a developmental disability and is in need of retention the justice shall certify that fact and make an order authorizing continued retention under the original order. Such order shall be presented, at the time of authorization of continued retention of such person with a developmental disability, to, and filed with, the director of the school in which the person with a developmental disability is authorized to be retained, and a copy thereof shall be forwarded to the department by such director and filed in the office thereof. Proceedings under the order shall not be stayed pending an appeal therefrom, except upon an order of a justice of the supreme court, made upon notice and after a hearing, with provisions made therein for such temporary care or confinement of the alleged person with a developmental disability as may be deemed necessary.