§ 15.35 Review of court authorization to retain an involuntary resident.\n If a person who has been denied release or whose retention or\ncontinued retention has been authorized pursuant to this article, or any\nrelative or friend in his behalf, be dissatisfied with any such order he\nmay, within thirty days after the making of any such order, obtain a\nrehearing and a review of the proceedings already had and of such order\nupon a petition to a justice of the supreme court other than the judge\nor justice presiding over the court making such order. Such justice\nshall cause a jury to be summoned and shall try the question of the\ndevelopmental disability and the need for retention of the resident so\nauthorized to be retained. Any such resident or the person applying on\nhis behalf for such review may waive the trial of such fact by a jury\nand consent in writing to trial of such fact by the court. No such\npetition for rehearing and review may be made by anyone other than the\nperson so authorized to be retained or the father, mother, husband,\nwife, or child of such person, unless the petitioner shall have first\nobtained the leave of the court upon good cause shown. If the verdict of\nthe jury, or the decision of the court when jury trial has been waived,\nbe that such person is not developmentally disabled or is not in need of\nretention the justice shall forthwith discharge him, but if the verdict\nof the jury, or the decision of the court where a jury trial has been\nwaived, be that such person has a developmental disability and is in\nneed of retention the justice shall certify that fact and make an order\nauthorizing continued retention under the original order. Such order\nshall be presented, at the time of authorization of continued retention\nof such person with a developmental disability, to, and filed with, the\ndirector of the school in which the person with a developmental\ndisability is authorized to be retained, and a copy thereof shall be\nforwarded to the department by such director and filed in the office\nthereof. Proceedings under the order shall not be stayed pending an\nappeal therefrom, except upon an order of a justice of the supreme\ncourt, made upon notice and after a hearing, with provisions made\ntherein for such temporary care or confinement of the alleged person\nwith a developmental disability as may be deemed necessary.\n
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