Legislation

Search OpenLegislation Statutes
This entry was published on 2019-12-20
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 47.01
Mental hygiene legal service
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 47
§ 47.01 Mental hygiene legal service.

(a) There shall be a mental hygiene legal service of the state in each
judicial department. The service shall provide legal assistance to
patients or residents of a facility as defined in section 1.03 of this
chapter, patients or residents of residential healthcare facilities
licensed and operating pursuant to article twenty-eight of the public
health law who have been admitted directly from a facility as defined in
section 1.03 of this chapter and who have a serious mental illness as
defined in section 1.03 of this chapter and are receiving services
related to such illness, or any other place or facility which is
required to have an operating certificate pursuant to article sixteen or
thirty-one of this chapter, and to persons alleged to be in need of care
and treatment in such facilities or places, and to persons entitled to
such legal assistance as provided by article ten of this chapter. The
head of such service in each judicial department and such assistants and
such staff as may be necessary shall be appointed and may be removed by
the presiding justice of the appellate division of the judicial
department. Appointments and transfers to the service shall comply with
the provisions of the civil service law. Standards for qualifications of
the personnel in the service shall be established by the presiding
justice of the appellate division of the judicial department. The
presiding justice of the appellate division of the judicial department
shall promulgate such rules or regulations as may be necessary to
effectuate the purposes of this article.

(b) No court, judge or justice exercising responsibility for the
administration of the courts pursuant to section twenty-eight of article
six of the constitution shall be disqualified in any judicial proceeding
brought pursuant to this article solely by reason of the fact that
administrative responsibilities with respect to the service are imposed
herein.