§ 15.13 Voluntary admissions.\n (a) The director of any school may receive as a voluntary resident any\nperson suitable for care and treatment, who voluntarily makes written\napplication therefor. If such person be under eighteen years of age the\napplication shall be made by the parent or legal guardian or next-of-kin\nof such person.\n (b) If such voluntary resident gives notice in writing to the director\nof the resident's desire to leave the school, the director shall\npromptly release the resident; provided, however, that if there are\nreasonable grounds for belief that the resident may be in need of\ninvoluntary care and treatment, the director may retain the resident for\na period not to exceed seventy-two hours from receipt of such notice.\nBefore the expiration of such seventy-two hour period, the director\nshall either release the resident or apply to a court of record in the\ncounty where the school is located for an order authorizing the\ninvoluntary retention of such resident. The application and proceedings\nin connection therewith shall be in the manner prescribed in this\narticle for a court authorization to retain an involuntary resident,\nexcept that notice of such application shall be served forthwith and, if\na hearing be demanded, the date for hearing to be fixed by the court\nshall be at a time not later than three days from the date such notice\nhas been received by the court. If it be determined by the court that\nthe resident has a developmental disability and is in need of retention\nfor involuntary care and treatment in the school, the court shall\nforthwith issue an order authorizing the retention of such resident for\ncare and treatment in the school, or, if requested by the resident, his\nguardian, or committee, such other non-public school as may be within\nthe financial means of the resident, for a period not exceeding sixty\ndays from the date of such order. Further applications for retention of\nthe resident for periods not exceeding one year, and successive two year\nperiods thereafter, respectively, may thereafter be made in accordance\nwith the provisions of this article.\n In the case of a resident under eighteen years of age, such notice\nrequesting release of the resident may be given by the resident, by the\nperson who made application for his admission, by a person of equal or\ncloser relationship to the resident, or by the mental hygiene legal\nservice. If such notice be given by any other person, the director may\nin his discretion refuse to discharge the resident and, in the event of\nsuch refusal, such other person or the mental hygiene legal service may\napply to the supreme court or to a county court for the release of the\nresident.\n
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