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This entry was published on 2022-04-22
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SECTION 9.47
Duties of local officers in regard to their persons with a mental illness
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 9
§ 9.47 Duties of local officers in regard to their persons with a mental

illness.

* (a) All directors of community services, health officers, and social
services officials, as defined by the social services law, are charged
with the duty of seeing that all persons with a mental illness within
their respective communities who are in need of care and treatment at a
hospital are admitted to a hospital pursuant to the provisions of this
article. Social services officials and health officers shall notify the
director of community services of any such person coming to their
attention. Pending the determination of the condition of an alleged
person with a mental illness, it shall be the duty of the director of
community services and, if there be no such director, of the local
health officer to provide for the proper care of such person in a
suitable facility.

* NB Effective until June 30, 2027

* All directors of community services, health officers, and social
services officials, as defined by the social services law, are charged
with the duty of seeing that all persons with a mental illness within
their respective communities who are in need of care and treatment at a
hospital are admitted to a hospital pursuant to the provisions of this
article. Social services officials and health officers shall notify the
director of community services of any such person coming to their
attention. Pending the determination of the condition of an alleged
person with a mental illness, it shall be the duty of the director of
community services and, if there be no such director, of the local
health officer to provide for the proper care of such person in a
suitable facility.

* NB Effective June 30, 2027

* (b) All directors of community services shall be responsible for:

(1) receiving reports of persons who may be in need of assisted
outpatient treatment and documenting the receipt date of such reports;

(2) conducting timely investigations of such reports and providing
written notice upon the completion of investigations to reporting
persons and program coordinators, appointed by the commissioner of
mental health pursuant to subdivision (f) of section 7.17 of this title,
and documenting the initiation and completion dates of such
investigations and the dispositions;

(3) filing of petitions for assisted outpatient treatment pursuant to
paragraph (vii) of subdivision (e) of section 9.60 of this article, and
documenting the petition filing date and the date of the court order;

(4) coordinating the timely delivery of court ordered services with
program coordinators and documenting the date assisted outpatients begin
to receive the services mandated in the court order; and

(5) ensuring evaluation of the need for ongoing assisted outpatient
treatment pursuant to subdivision (k) of section 9.60 of this article
prior to the expiration of any assisted outpatient treatment order;

(6) if he or she has been ordered to provide for or arrange for
assisted outpatient treatment pursuant to paragraph five of subdivision
(j) of section 9.60 of this article or became the appropriate director
pursuant to this paragraph or subdivision (c) of section 9.48 of this
article, notifying the director of community services of the new county
of residence when he or she has reason to believe that an assisted
outpatient has or will change his or her county of residence during the
pendency of an assisted outpatient treatment order. Upon such change of
residence, the director of the new county of residence shall become the
appropriate director, as such term is defined in section 9.60 of this
article; and

(7) reporting on a quarterly basis to program coordinators the
information collected pursuant to this subdivision.

* NB Repealed June 30, 2027

* (c) In discharge of the duties imposed by subdivision (b) of section
9.60 of this article, directors of community services may provide
services directly, or may coordinate services with the offices of the
department or may contract with any public or private provider to
provide services for such programs as may be necessary to carry out the
duties imposed pursuant to this subdivision.

* NB Repealed June 30, 2027