Section 15.35. Review of court authorization to retain an involuntary resident  


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  • 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
      mental  retardation  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  mentally  retarded 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  is  mentally  retarded  and  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 mentally retarded person, to, and filed with,  the  director  of
      the  school  in  which  the mentally retarded person 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  mentally retarded person as may be deemed
      necessary.