Section 15.23. Voluntary admissions; review of status  


Latest version.
  • (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.