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Like every state, New York has civil commitment laws that establish criteria for determining when involuntary treatment is appropriate for individuals with severe mental illness who cannot seek care voluntarily.
(1) Who presents a danger or threat of danger to self, family or others as a result of the mental illness; (2) Who can reasonably benefit from treatment; and (3) For whom hospitalization is the least restrictive alternative mode of treatment presently available.
A petition for involuntary hospitalization must be filed by a family member or other concerned individual in the District Court of the county where the person to be hospitalized lives or is present at the time of filing.
Tim's Law is the common name given to court ordered outpatient treatment for people with serious mental illness. Tim's Law allows family members, mental health providers, and law enforcement to provide help for someone who is suffering from a serious mental illness.
Involuntary hospitalization proceedings include the hospitalization of adults diagnosed with a mental illness. Initially, evaluation and treatment will occur locally but if further treatment is needed the individual may be transferred to Eastern State Hospital located in Lexington, Kentucky.
If your physician feels that you present a danger or a threat of danger to yourself or others, your physician has the right to hold you up to 48-72 hours (excluding weekends and holidays) and to start court action against you to force you to stay in the hospital.