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

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