§ 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
developmental disability 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 developmentally disabled 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 has a developmental disability and is 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 person with a developmental disability, to, and filed with, the
director of the school in which the person with a developmental
disability 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 person
with a developmental disability as may be deemed necessary.