9.31 - Involuntary admission on medical certification; patient's right to a hearing.

§ 9.31 Involuntary  admission  on medical certification; patient's right           to a hearing.    (a) If, at any time prior to the expiration of  sixty  days  from  the  date  of  involuntary admission of a patient on an application supported  by medical certification, he or any relative or  friend  or  the  mental  hygiene legal service gives notice in writing to the director of request  for  hearing on the question of need for involuntary care and treatment,  a hearing shall be held  as  herein  provided.  The  patient  or  person  requesting  a  hearing on behalf of the patient may designate the county  where the hearing shall be held, which shall be  either  in  the  county  where the hospital is located, the county of the patient's residence, or  the county in which the hospital to which the patient was first admitted  is  located.  Such  hearing  shall  be held in the county so designated,  subject to application by any interested party, including the  director,  for  change  of  venue to any other county because of the convenience of  parties or witnesses or the condition of the patient upon notice to  the  persons  required  to  be  served  with  notice of the patient's initial  admission.    (b) It shall be the duty of the director upon receiving notice of such  request for hearing to forward forthwith a copy of such  notice  with  a  record  of  the  patient to the supreme court or the county court in the  county designated by the applicant, if  one  be  designated,  or  if  no  designation  be  made,  then to the supreme court or the county court in  the county where such hospital is located. A copy  of  such  notice  and  record shall also be given the mental hygiene legal service.    (c)  The  court  which receives such notice shall fix the date of such  hearing at a time not later than five days from the date such notice  is  received by the court and cause the patient, any other person requesting  the  hearing,  the  director, the mental hygiene legal service, and such  other persons as the court may determine to be  advised  of  such  date.  Upon  such  date, or upon such other date to which the proceeding may be  adjourned, the court shall hear testimony and examine the person alleged  to be mentally ill, if it be deemed advisable in or out of court. If  it  be  determined that the patient is in need of retention, the court shall  deny the application for the patient's release. If the patient is  in  a  psychiatric  hospital maintained by a political subdivision of the state  or in a general hospital the court, upon notice to the patient  and  the  mental  hygiene  legal service and an opportunity to be heard, may order  the patient transferred  to  the  jurisdiction  of  the  department  for  retention  in  a  hospital  operated  by  the  state  designated  by the  commissioner or to a private facility having  an  appropriate  operating  certificate  for  retention  therein  for  the balance of the period for  which the hospital is authorized to retain the patient. If  it  appears,  however,  that the relatives of the patient or a committee of his person  are willing and able properly to care for him at some place other than a  hospital, then, upon their written consent,  the  court  may  order  the  transfer  of  the  patient  to the care and custody of such relatives or  such committee. If it be determined that the patient is not mentally ill  or not in need of retention, the court shall order the  release  of  the  patient.    (d)  If the court shall order the release of the patient, such patient  shall forthwith be released.    (e) The department or the  director  of  the  hospital  authorized  to  retain  or receive and retain such patient, as the case may be, shall be  immediately furnished with a copy of the order of the court  and,  if  a  transfer  is ordered, shall immediately make provisions for the transfer  of such patient.(f) The papers in any proceeding under this article  which  are  filed  with the county clerk shall be sealed and shall be exhibited only to the  parties  to the proceeding or someone properly interested, upon order of  the court.