Section 15.25. Admission and retention of certain non-objecting residents  


Latest version.
  • (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 mentally retarded 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 33.27. 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  is  mentally retarded and 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.