N.Y. MHY Law § 9.25

§ 9.25 Voluntary and informal admissions; review of status.\n (a) No voluntary or informal patient, whether admitted on such status\nor converted thereto, shall be continued in such status for a period\nbeyond twelve months from the date of commencement of such status or\nbeyond twelve months from the effective date of this statute, whichever\nis later, unless the suitability of such patient to remain in such\nstatus and his willingness to so remain have been reviewed. The director\nshall review the suitability of such patient to remain in such status,\nand the mental hygiene legal service shall review the willingness of\nsuch patient to remain in such status. Notice of the determination of\nthe patient's suitability made by the director shall be given to the\nmental hygiene legal service. If the mental hygiene legal service finds\nthat there is any ground to doubt the director's determination of the\nsuitability of such patient to remain in a voluntary or informal status\nor the willingness of the patient to so remain, it shall make an\napplication upon notice to the patient and the director of the hospital,\nfor a court order determining those questions. In any such proceeding,\nthe patient or someone on his behalf or the mental hygiene legal service\nmay request a hearing. If the mental hygiene legal service finds no\ngrounds to doubt the determination of the director as to the\nsuitability, or the willingness of the patient to continue in a\nvoluntary or informal status, it shall so certify and the patient may be\ncontinued in the hospital in such status. A copy of such certification\nof review shall be filed in the patient's record.\n (b) If an application for a court order has been made and a hearing is\nrequested, the provisions governing hearings contained in section 9.31\nof this article shall be applicable.\n (c) If an application for a court order has been made, the court, in\ndetermining the proceeding, may approve the continued hospitalization of\nthe patient as a voluntary or informal patient or, if the court finds\nthat the patient is not suitable or willing to continue as a voluntary\nor informal patient, it may order the discharge of the patient or make\nsuch other order as it may deem appropriate in the circumstances.\n (d) Prior to the termination of twelve months from the date of the\ncertification on such first review by the mental hygiene legal service\nor, if an application for a court order has been made, from the date of\nthe first order and, thereafter, prior to the termination of twelve\nmonths from any subsequent certification or subsequent order, as the\ncase may be, the director and the mental hygiene legal service shall\nconduct another review of the patient's suitability and willingness to\nremain as a voluntary or informal patient as set forth in the foregoing\nsubdivisions.\n