New York Mental Hygiene Law Section 15.01 - Definitions.

15.01 Definitions.

As used in this article:

"in need of care and treatment" means that a person has a developmental disability and would benefit from care and treatment as a resident in a school.

"in need of involuntary care and treatment" means that a person is in need of in-patient care and treatment as a resident in a school, that such care and treatment is essential to his or her welfare, and that his or her judgment is so impaired that he or she is unable to understand the need for such care and treatment and that he or she poses a real and present risk of substantial physical harm to himself or herself or others.

"need for retention" means that a person who has been admitted to a school pursuant to this article is in need of involuntary care and treatment in a school for a further period.

"record" of a patient shall consist of admission, transfer or retention papers and orders, and accompanying data required by this article and by the regulations of the commissioner.

"director of community services" means the director of community services for the mentally disabled appointed pursuant to article eleven of this chapter.

any provisions of this article which explicitly or implicitly apply to, or reference, persons who are, or who are alleged to be, mentally retarded shall be deemed to apply to, or to be a reference to, persons who are, or who are alleged to be, developmentally disabled.


Last modified: February 3, 2019