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This entry was published on 2017-08-25
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SECTION 15.01
Definitions
Mental Hygiene (MHY) CHAPTER 27, TITLE C, ARTICLE 15
§ 15.01 Definitions.

As used in this article:

"in need of care and treatment" means that a person has a
developmental disability and would benefit from care and treatment as a
resident in a school.

"in need of involuntary care and treatment" means that a person is in
need of in-patient care and treatment as a resident in a school, that
such care and treatment is essential to his or her welfare, and that his
or her judgment is so impaired that he or she is unable to understand
the need for such care and treatment and that he or she poses a real and
present risk of substantial physical harm to himself or herself or
others.

"need for retention" means that a person who has been admitted to a
school pursuant to this article is in need of involuntary care and
treatment in a school for a further period.

"record" of a patient shall consist of admission, transfer or
retention papers and orders, and accompanying data required by this
article and by the regulations of the commissioner.

"director of community services" means the director of community
services for the mentally disabled appointed pursuant to article eleven
of this chapter.

any provisions of this article which explicitly or implicitly apply
to, or reference, persons who are, or who are alleged to be, mentally
retarded shall be deemed to apply to, or to be a reference to, persons
who are, or who are alleged to be, developmentally disabled.