This form is an official State of New York Family Court sample form, a detailed Order - Extension of Period of Commitment for Lack of Capacity. Available for download in Wordperfect and Adobe pdf formats.
New York Order (Extension of Period of Commitment For Lack of Capacity)
State:
New York
Control #:
NY-3-21
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FAQ
The Florida Baker Act law allows doctors, mental health professionals, judges, and law enforcement to commit a person to a mental health treatment center for up to 72 hours if they display certain violent or suicidal signs of mental illness.
A Baker Act is a means of providing individuals with emergency services and temporary detention for mental health evaluation and treatment when required, either on a voluntary or an involuntary basis.
State governments have tripled since 2011 the number of mental health records submitted to the FBI's gun-purchase background checks system. The mental health records are being entered into the National Instant Criminal Background Check System (NICS), the primary database used by the FBI in its firearm background checks.
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.
Illegal commitments can be challenged and the records expunged through the filing of a petition with the Court of Common Pleas. If the petition to expunge is granted, the involuntary commitment record is expunged and the petitioner's rights, including the right to bear arms are restored.
Kendra's Law, effective since November 1999, is a New York State law concerning involuntary outpatient commitment also known as assisted outpatient treatment. It grants judges the authority to issue orders that require people who meet certain criteria to regularly undergo psychiatric treatment.
A petition can be filed by a roommate, certain family members, the director of a hospital where the person is hospitalized, a qualified psychiatrist who is either treating the person or supervising the person's treatment, a qualified psychologist or social worker who is currently treating the person, the director of a
The Baker Act is a Florida law that enables families and loved ones to provide emergency mental health services and temporary detention for people who are impaired because of their mental illness, and who are unable to determine their needs for treatment.