§ 9.01 Definitions
§ 9.03 Admission to a Hospital
§ 9.05 Examining Physicians and Medical Certificates
§ 9.07 Notice to All Patients of Their Rights and of the Availability of the Mental Hygiene Legal Service
§ 9.09 Notices to Mental Hygiene Legal Service Concerning Minors
§ 9.11 Patients’ Records
§ 9.13 Voluntary Admissions
§ 9.15 Informal Admissions
§ 9.17 Voluntary and Informal Admissions; Suitability
§ 9.19 Voluntary and Informal Admissions; Notices
§ 9.21 Voluntary and Informal Admissions; Encouragement Of
§ 9.23 Voluntary and Informal Admissions; Conversion To
§ 9.25 Voluntary and Informal Admissions; Review of Status
§ 9.27 Involuntary Admission On Medical Certification
§ 9.29 Involuntary Admission On Medical Certification; Notice of Admission to Patients and Others
§ 9.31 Involuntary Admission On Medical Certification; Patient’S Right to a Hearing
§ 9.33 Court Authorization to Retain an Involuntary Patient
§ 9.35 Review of Court Authorization to Retain an Involuntary Patient
§ 9.37 Involuntary Admission On Certificate of a Director of Community Services or His Designee
§ 9.39 Emergency Admissions for Immediate Observation, Care, and Treatment
§ 9.40 Emergency Observation, Care and Treatment in Comprehensive Psychiatric Emergency Programs
§ 9.41 Emergency Admissions for Immediate Observation, Care, and Treatment; Powers of Certain Peace Officers and Police Officers
§ 9.43 Emergency Admissions for Immediate Observation, Care, and Treatment; Powers of Courts
§ 9.45 Emergency Admissions for Immediate Observation, Care, and Treatment; Powers of Directors of Community Services
§ 9.46 Reports of Substantial Risk or Threat of Harm by Mental Health Professionals
§ 9.47 Duties of Local Officers in Regard to Their Mentally Ill
§ 9.48 Duties of Directors of Assisted Outpatient Treatment Programs
§ 9.49 Transfer of Juvenile Delinquents
§ 9.51 Residential Treatment Facilities for Children and Youth; Admissions
§ 9.53 Children in the Custody of Social Services Officials or the Division for Youth
§ 9.55 Emergency Admissions for Immediate Observation, Care and Treatment; Powers of Qualified Psychiatrists
§ 9.57 Emergency Admissions for Immediate Observation, Care and Treatment; Powers of Emergency Room Physicians
§ 9.58 Transport for Evaluation; Powers of Approved Mobile Crisis Outreach Teams
§ 9.59 Immunity From Liability
§ 9.60 Assisted Outpatient Treatment
§ 9.63 Transportation of Persons to or Between Hospitals

Terms Used In New York Laws > Mental Hygiene > Title B > Article 9

  • administrative head or body: means the chief official or board of a county hurricane protection, flood and shoreline erosion control district. See N.Y. Mental Hygiene Law 9.40
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • agency: means a county hurricane protection, flood and shoreline erosion control agency. See N.Y. Mental Hygiene Law 9.40
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Chambers: A judge's office.
  • Commissioner: means the head of the office of mental health. See N.Y. New York City Administrative Code 28-701.2C14
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Dependent: A person dependent for support upon another.
  • director of community services: means the director of community services for the mentally disabled appointed pursuant to article forty-one of this chapter. See N.Y. New York City Administrative Code BC-APNDXD
  • district: means a county hurricane proection, flood and shoreline erosion control district except where otherwise stated. See N.Y. Mental Hygiene Law 9.40
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • governing body: means the elected legislative body of the county. See N.Y. Mental Hygiene Law 9.40
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in need of care and treatment: means that a person has a mental illness for which in-patient care and treatment in a hospital is appropriate. See N.Y. New York City Administrative Code BC-APNDXD
  • in need of involuntary care and treatment: means that a person has a mental illness for which care and treatment as a patient in a hospital is essential to such person's welfare and whose judgment is so impaired that he is unable to understand the need for such care and treatment. See N.Y. New York City Administrative Code BC-APNDXD
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Likelihood to result in serious harm: as used in this article shall mean:

    1. See N.Y. New York City Administrative Code 28-901.2

  • likely to result in serious harm: means (a) a substantial risk of physical harm to the person as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that the person is dangerous to himself or herself, or (b) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm. See N.Y. New York City Administrative Code BC-APNDXD
  • need for retention: means that a person who has been admitted to a hospital pursuant to this article is in need of involuntary care and treatment in a hospital for a further period. See N.Y. New York City Administrative Code BC-APNDXD
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: means the office of mental health. See N.Y. New York City Administrative Code 28-701.2C14
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • qualified psychiatrist: means a physician licensed to practice medicine in New York state who: (a) is a diplomate of the American board of psychiatry and neurology or is eligible to be certified by that board; or (b) is certified by the American osteopathic board of neurology and psychiatry or is eligible to be certified by that board. See N.Y. New York City Administrative Code BC-APNDXD
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • shoreline: means the lands between high and low water mark, the lands contiguous or adjacent to the high water mark, beaches, dunes and bluffs. See N.Y. Mental Hygiene Law 9.40
  • Statute: A law passed by a legislature.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.