§ 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.