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This entry was published on 2014-09-22
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SECTION 9.25
Voluntary and informal admissions; review of status
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 9
§ 9.25 Voluntary and informal admissions; review of status.

(a) No voluntary or informal patient, whether admitted on such status
or converted thereto, shall be continued in such status for a period
beyond twelve months from the date of commencement of such status or
beyond twelve months from the effective date of this statute, whichever
is later, unless the suitability of such patient to remain in such
status and his willingness to so remain have been reviewed. The director
shall review the suitability of such patient to remain in such status,
and the mental hygiene legal service shall review the willingness of
such patient to remain in such status. Notice of the determination of
the patient's suitability made by the director shall be given to the
mental hygiene legal service. If the mental hygiene legal service finds
that there is any ground to doubt the director's determination of the
suitability of such patient to remain in a voluntary or informal status
or the willingness of the patient to so remain, it shall make an
application upon notice to the patient and the director of the hospital,
for a court order determining those questions. In any such proceeding,
the patient or someone on his behalf or the mental hygiene legal service
may request a hearing. If the mental hygiene legal service finds no
grounds to doubt the determination of the director as to the
suitability, or the willingness of the patient to continue in a
voluntary or informal status, it shall so certify and the patient may be
continued in the hospital in such status. A copy of such certification
of review shall be filed in the patient's record.

(b) If an application for a court order has been made and a hearing is
requested, the provisions governing hearings contained in section 9.31
of this article shall be applicable.

(c) If an application for a court order has been made, the court, in
determining the proceeding, may approve the continued hospitalization of
the patient as a voluntary or informal patient or, if the court finds
that the patient is not suitable or willing to continue as a voluntary
or informal patient, it may order the discharge of the patient or make
such other order as it may deem appropriate in the circumstances.

(d) Prior to the termination of twelve months from the date of the
certification on such first review by the mental hygiene legal service
or, if an application for a court order has been made, from the date of
the first order and, thereafter, prior to the termination of twelve
months from any subsequent certification or subsequent order, as the
case may be, the director and the mental hygiene legal service shall
conduct another review of the patient's suitability and willingness to
remain as a voluntary or informal patient as set forth in the foregoing
subdivisions.