§ 251. Medical examinations. (a) After the filing of a petition under
this act over which the family court appears to have jurisdiction, the
court may order any person within its jurisdiction and the parent or
other person legally responsible for the care of any child within its
jurisdiction to be examined by a physician, psychiatrist or psychologist
appointed or designated for that purpose by the court when such an
examination will serve the purposes of this act, the court may remand
any such person for physical or psychiatric examination to, or direct
such person to appear for such examination at:

(1) the department of health of the city of New York, if the court is
located in a county within the city of New York, or

(2) a hospital maintained by the county in which the court is located,
if the court is in a county outside the city of New York, or

(3) a hospital maintained by the state of New York, or

(4) a qualified private institution approved for such purpose by the
local social services department.

Provided, however, that, outside of the city of New York, if the court
shall order a psychiatric examination of any such person, the court may
direct the director of an institution in the department of mental
hygiene serving the institutional district in which the court is located
to cause such examination to be made. Such director shall be afforded an
opportunity to be heard before the court makes any such direction. The
director may designate a member of the staff of the institution or any
psychiatrist in the state to make the examination. The psychiatrist
shall forthwith examine such person. The examination may be made in the
place where the person may be or the court may remand such person to, or
otherwise direct that such person appear at, such institution or to a
hospital or other place for such examination. During the time such
person is at such institution for examination, the director may
administer or cause to be administered to such person such psychiatric,
medical or other therapeutic treatment as in the director's discretion
should be administered. The chief administrator of the courts shall
prescribe the form of an order for examination. Upon completion of the
examination, the director shall transmit to the court the report of the
psychiatrist who conducted the examination.

(b) Except for examinations conducted pursuant to section 322.1 of
this act where the family court determines that an inpatient examination
is necessary, or those ordered after a fact-finding hearing has been
completed under article three or seven of this act and the court
determines according to the criteria in subdivision three of section
320.5 or subdivision (a) of section seven hundred thirty-nine of this
act that the child should be detained pending disposition, or unless
otherwise consented to by the adult to be examined or by the attorney
representing the respondent, all examinations pursuant to this section
shall be conducted on an outpatient basis. An order for remand after a
fact-finding hearing under article three or seven of this act shall
include findings on the record supporting the need for examination in a
residential facility and a determination that it is the most appropriate
facility. Remands for examinations shall be for a period determined by
the facility, which shall not exceed thirty days, except that, upon
motion by the person detained on its own motion, the court may, for good
cause shown, terminate the remand at any time.

(c) Nothing in this section shall preclude the issuance of an order by
the family court pursuant to section 9.43 of the mental hygiene law for
emergency admission for immediate care, observation and treatment of a
person before the court or pursuant to section twenty-one hundred twenty
of the public health law for commitment for care and maintenance of a
person before the court.