§ 15.23 Voluntary admissions; review of status.\n (a) No voluntary resident, whether admitted on such status or\nconverted thereto, shall be continued in such status for a period beyond\ntwelve months from the date of commencement of such status or beyond\ntwelve months from the effective date of this chapter, whichever is\nlater, unless the suitability of such resident to remain in such status\nand his willingness to so remain have been reviewed. The director shall\nreview the suitability of such resident to remain in such status, and\nthe mental hygiene legal service shall review the willingness of such\nresident to remain in such status. Notice of the determination of the\nresident's suitability made by the director shall be given to the mental\nhygiene legal service. If the mental hygiene legal service finds that\nthere is any ground to doubt the director's determination of the\nsuitability of such resident to remain in a voluntary or informal status\nor the willingness of the resident to so remain, it shall make an\napplication, upon notice to the resident and the director of the school,\nfor a court order determining those questions. In any such proceeding,\nthe resident or someone on his behalf or the mental hygiene legal\nservice may request a hearing. If the mental hygiene legal service finds\nno ground to doubt the determination of the director as to the\nsuitability, or the willingness of the resident to continue in a\nvoluntary or informal status, it shall so certify and the resident may\nbe continued in the school in such status. A copy of such certification\nof review shall be filed in the resident's record.\n (b) If an application for a court order has been made and a hearing is\nrequested, the provisions governing hearings contained in section 33.31\nshall be applicable.\n (c) If an application for a court order has been made, the court, in\ndetermining the proceeding, may approve the continuation of the resident\nas a voluntary resident or, if the court finds that the resident is not\nsuitable or willing to continue as a voluntary resident, it may order\nthe discharge of the resident or make such other order as it may deem\nappropriate in the circumstances.\n (d) Prior to the termination of twelve months from the date of the\ncertification by the mental hygiene legal service on such first review\nor, if an application for a court order has been made, from the date of\nthe first order and, thereafter, prior to the termination of twelve\nmonths from any subsequent certification or subsequent order, as the\ncase may be, the director and the mental hygiene legal service shall\nconduct another review of the resident's suitability and willingness to\nremain as a voluntary resident, as set forth in the foregoing\nsubdivisions.\n
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