New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter IV - Supreme Court
Subchapter A - First Judicial Department
Article 1 - Appellate Division
Subarticle B - Special Rules
Part 622 - Mental Hygiene Legal Service
Section 622.2 - Duties of the director
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 622.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) With regard to patients in facilities governed by the Mental Hygiene Law:
(1) The director shall inform each
patient of his or her rights to a judicial hearing, to review pursuant to
Mental Hygiene Law, sections 9.35 and 15.35, to an appeal and to be represented
by the service or by privately retained counsel.
(2) In every case in which a
hearing is requested or ordered or in which an application or petition is made
to the court with regard to a patient which may or may not require a hearing,
the director shall investigate the patient's case, examine the patient's
records, interview the patient and also, in the discretion of the director,
interview other persons having information relevant to the patient's case. If
the patient has counsel the court may request the director to perform any
services on behalf of the patient within the scope of and consistent with the
service's statutory duties.
(3) The director shall examine the
patient's facility records as often as the director deems necessary.
(4) The court may request the
director to render or undertake any assistance or service on behalf of a
patient consistent with the service's statutory duties.
(5) When a hearing has not
been demanded, if the director determines that the case of a patient should be
heard by the court, or be reviewed by a court or court and jury, the director
may, in his or her discretion, demand a hearing on behalf of such patient or
may request that the case of the patient be reviewed by the court, or court and
jury, in accordance with the power granted to the service in the Mental Hygiene
Law.
(6)
(i) The director shall
ascertain that the notices to be given to patients and other persons required
under the Mental Hygiene Law have been duly served and posted and that there
has been compliance with the procedures required by the Mental Hygiene Law for
the hospitalization, transfer, retention and release of patients.
(ii) The director shall
ascertain that all requirements of law as to patients' admissions, treatment
and discharge affecting patients' rights have been complied with.
(7) The director
shall review the status of every person who has been an informal patient or a
voluntary patient for a period of 12 consecutive months and shall ascertain
that there has been compliance with the Mental Hygiene Law. If the director
finds that the patient is willing and suitable for continued hospitalization in
such status he or she shall so certify in the patient's record. If the director
finds that the patient is unwilling or unsuitable for continued hospitalization
in such status he or she shall take whatever action he or she deems necessary
in accordance with the Mental Hygiene Law.
(b) In those guardianship proceedings pursuant to article 81 of the Mental Hygiene Law or article 17-A of the Surrogate's Court Procedure Act in which the service participates as counsel, court evaluator, guardian ad litem or party:
(1) Upon receipt of notice of
application in such proceedings, the director shall:
(i) examine the papers and ascertain
that the notices required to be given to parties and patients and, as far as
known to the director, to other persons entitled thereto, have been duly served
and that there has been due compliance with the prescribed statutory
procedure;
(ii)
examine the records relating to the affairs or medical or psychiatric condition
of the party or patient;
(iii) interview every such party or
patient, advise him or her of the nature of the proceeding and of his or her
legal rights including the right to legal representation and the right to a
court hearing, determine whether he or she has any objections to the proceeding
or to the proposed guardian or whether he or she has any other
objections;
(iv)
interview any psychiatrist, examining physician or psychologist, or such other
psychiatrist or physician who has knowledge of the party or patient's mental
and physical condition;
(v) obtain all available information as
to the extent and nature of the party or patient's assets;
(vi) obtain all available
information concerning the party or patient's family, background and any other
fact that may be necessary or desirable.
(2)
(i) The director shall notify the court
of any request for hearing.
(ii) In the director's discretion, and
in the interest of the party or patient, the director may demand a
hearing.
(3) The director shall inform the party
or patient of the progress and status of all proceedings.
(4) In all proceedings for the
discharge of a guardian, the enforcement or modification of a guardianship
order, or the approval of a guardian's report or accounting, intermediate or
final, the director shall inform the party or patient of the nature of the
proceeding and his or her rights. The director may perform such additional
services on behalf of the party or patient as are within the scope of, and
consistent with, the service's statutory duties.
(5) The director may, in an
appropriate case and in his or her discretion, apply to the court for the
discharge of the guardian or the enforcement or modification of an order
appointing the guardian.
(6) The director is authorized to
apprise the examiners charged with the review of accounts or reports with
regard to any matter within the jurisdiction of such examiner affecting the
welfare and property of a party or patient for whom a guardian has been
appointed.
(7) The
director shall perform such other duties and responsibilities as may be
required by article 81 of the Mental Hygiene Law.
(c) With regard to inmates, defendants or patients committed to, transferred to or placed in facilities for the mentally disabled pursuant to the Correction Law or to the Criminal Procedure Law:
(1) In all
matters or proceedings in which the service is required to be served with
notice, the director shall:
(i) examine the papers, and shall
ascertain that the notices required to be given have been duly served and that
there has been due compliance with the prescribed procedure;
(ii) inform the inmate,
defendant or patient of his or her rights including the right to judicial
hearing, to review, to appeal and to be represented by the service or by
privately retained counsel;
(iii) when a hearing has not been
demanded, if the director determines that the case should be heard by the court
or be reviewed by a court, or court and jury, the director may, in his or her
discretion, demand a hearing or may request that the case be reviewed by the
court or court and jury;
(iv) examine the records of the inmate,
defendant or patient;
(v) interview the attending
psychiatrist, examining physician or psychologist who has knowledge of the
condition of the inmate, defendant or patient;
(vi) interview all other
persons having information relevant to the matter or proceeding;
(vii) perform such other
services on behalf of the inmate, defendant or patient as the director in his
or her discretion may determine. The court may request the director to perform
additional services within the scope of, and consistent with, the service's
statutory duties.
(d) With regard to applications for authorization to administer psychotropic medication and to perform surgery, electro-convulsive therapy or major medical treatment in the nature of surgery upon parties or patients in facilities:
(1) Copies of notice of such
applications shall be served upon the director of the service of the judicial
department in which the proceeding is brought and the director of the service
of the judicial department in which the facility is located.
(2) In all such proceedings
the director shall:
(i) examine
the papers, and shall ascertain that the notices required to be given have been
duly served;
(ii)
interview and inform the party or patient of the nature of the proceeding and
of his or her rights, including the right to a judicial hearing, to appeal and
to be represented by the service or by privately retained counsel, and
determine whether he or she has any objection to the proceeding;
(iii) when a hearing has not
been demanded, if the director determines that the case should be heard by the
court, the director may, in his or her discretion, demand a hearing on behalf
of the party or patient;
(iv) examine the records of the party
or patient;
(v)
interview the party or patient's attending and consulting psychiatrist,
physician or psychologist who has knowledge of the party or patient's
condition;
(vi)
interview all other persons having information relevant to the matter or
proceeding;
(vii)
perform such other services on behalf of the party or patient, as the court may
request or the director may determine, consistent with the service's statutory
duties.
(e) In all the foregoing proceedings, the service shall represent the inmate, defendant, party or patient unless they otherwise have counsel or counsel has been dispensed with pursuant to article 81 of the Mental Hygiene Law.
(f) In all the foregoing proceedings, the director may, in his or her discretion, submit briefs, affidavits, affirmations or trial memoranda, consistent with the service's role in the proceeding.
(g) In all of the foregoing proceedings the director shall assist the directors of the service in the other judicial departments in regard to any proceeding pending in any other judicial department which pertains to a patient residing in the First Judicial Department.
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