N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-1.12

Current through Register Vol. 46, No. 53, December 31, 2024

Section 175-1.12 - Voluntary transfer

A youth may volunteer to transfer to a State school or State hospital in the Department of Mental Hygiene without a transfer hearing. The youth must sign a waiver of a transfer hearing while represented by an attorney. The youth's attorney shall countersign the waiver as a witness if he determines that the youth is aware of the significance of his act and shall sign an affidavit indicating that he: advised the youth of his right to a hearing; examined all relevant materials and conferred with the psychiatrist treating the youth; and concludes that it is in the best interest of the youth to waive the transfer hearing.

(b) The hearing officer shall review the youth's waiver of transfer hearing, the attorney's affidavit and all relevant documents and determine whether the youth's waiver was voluntary and knowing. He shall notify the counsel's office and the facility director or foster care worker of his decision orally, as soon as practicable, and render a written decision to be mailed to the parties within two business days of his receipt of the written materials. Upon receipt of the hearing officer's oral approval for the transfer, the counsel's office shall submit the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities admission application form to the Director of the Division for Youth for signature. The legal unit shall then forward the signed application to the facility director or foster care worker. When the facility or foster care worker has received the written decision of the hearing officer and the signed application of the Division for Youth Director, the youth may be transferred to the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities.

(c) If the hearing officer does not accept the waiver, a hearing shall be held in accordance with the procedures set out in sections 175-1.6 through 175-1.9 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 175-1.12