N.Y. Laws » CHAPTER Mental Hygiene / TITLE Mental Health Act / ARTICLE Hospitalization of Persons With a Mental Illness
New York Consolidated Laws

N.Y. Mental Hygiene Law § 9.13 (2026)

Voluntary admissions

✓ current as of May 2026
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§ 9.13 Voluntary admissions.
  (a) The director of any hospital may receive as a voluntary patient
any suitable person in need of care and treatment, who voluntarily makes
written application therefor. If the person is under sixteen years of
age, the person may be received as a voluntary patient only on the
application of the parent, legal guardian, or next-of-kin of such
person, or, subject to the terms of any court order or any instrument
executed pursuant to section three hundred eighty-four-a of the social
services law, a social services official or authorized agency with care
and custody of such person pursuant to the social services law, the
director of the division for youth, acting in accordance with section
five hundred nine of the executive law, or a person or entity having
custody of the person pursuant to an order issued pursuant to section
seven hundred fifty-six or one thousand fifty-five of the family court
act. If the person is over sixteen and under eighteen years of age, the
director may, in his discretion, admit such person either as a voluntary
patient on his own application or on the application of the person's
parent, legal guardian, next-of-kin, or, subject to the terms of any
court order or any instrument executed pursuant to section three hundred
eighty-four-a of the social services law, a social services official or
authorized agency with care and custody of such person pursuant to the
social services law, the director of the division for youth, acting in
accordance with section five hundred nine of the executive law, provided
that such person knowingly and voluntarily consented to such application
in accordance with such section, or a person or entity having custody of
the person pursuant to an order issued pursuant to section seven hundred
fifty-six or one thousand fifty-five of the family court act.
  (b) If such voluntary patient gives notice in writing to the director
of the patient's desire to leave the hospital, the director shall
promptly release the patient; provided, however, that if there are
reasonable grounds for belief that the patient may be in need of
involuntary care and treatment, the director may retain the patient for
a period not to exceed seventy-two hours from receipt of such notice.
Before the expiration of such seventy-two hour period, the director
shall either release the patient or apply to the supreme court or the
county court in the county where the hospital is located for an order
authorizing the involuntary retention of such patient. The application
and proceedings in connection therewith shall be in the manner
prescribed in this article for a court authorization to retain an
involuntary patient, except that notice of such application shall be
served forthwith and, if a hearing be demanded, the date for hearing to
be fixed by the court shall be at a time not later than three days from
the date such notice has been received by the court. If it be determined
by the court that the patient is mentally ill and in need of retention
for involuntary care and treatment in the hospital, the court shall
forthwith issue an order authorizing the retention of such patient for
care and treatment in the hospital, or, if requested by the patient, his
guardian, or committee, in such other non-public hospital as may be
within the financial means of the patient, for a period not exceeding
sixty days from the date of such order. Further application for
retention of the patient for periods not exceeding six months, one year,
and two year periods thereafter, respectively, may thereafter be made in
accordance with the provisions of this article.
  In the case of a patient under eighteen years of age, such notice
requesting release of the patient may be given by the patient, by the
person who made application for his admission, by a person of equal or
closer relationship, or by the mental hygiene legal service. If such
notice be given by any other person, the director may in his discretion
refuse to discharge the patient and in the event of such refusal, such
other person or the mental hygiene legal service may apply to the
supreme court or to a county court for the release of the patient.
Notes of Decisions
Cited in 44 cases (3 in the last 5 years), 1979–2025 · leading case: Parham v. J. R., 442 U.S. 584 (1979).
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Parham v. J. R., 442 U.S. 584 (1979). “540 (1975); N. Y. Mental Hyg. Law § 9.13 *613 (McKinney 1978) (parent may admit, but child may obtain own release); N.”
People Ex Rel. Joseph II v. Superintendent of Southport Corr. Facility, 931 N.E.2d 76 (NY 2010). · cites it 2× “27), and Humberto committed himself voluntarily, also under article 9 (Mental Hygiene Law § 9.13). Both, while in the hospital, violated the terms of their PRS—Joseph *131 by trying to escape, Humberto by assaulting a fellow patient— and both were returned to prison.”
Chenier v. Richard W., 626 N.E.2d 928 (NY 1993). · cites it 3× “When respondent demanded to be released, petitioner brought this proceeding, pursuant to Mental Hygiene Law § 9.13, for an order allowing it to retain respondent on an involuntary basis.”
Namor v. Lopez, 143 Misc. 2d 469 (N.Y. Sup. Ct. 1989). · cites it 7× “On October 18, 1988, he submitted a written notice pursuant to Mental Hygiene Law § 9.13 (b) that he desired to leave.”
People ex rel. Leonard HH. v. Nixon, 148 A.D.2d 75 (N.Y. App. Div. 1989). · cites it 3× “Upon the expiration of the 90-day period of observation, petitioner remained at CDPC as a voluntary patient (see, Mental Hygiene Law § 9.13). In early March 1988, petitioner notified respondent, the Director of CDPC, of his *77 intention to discharge himself, whereupon CDPC…”
Matter of Jill ZZ., 629 N.E.2d 1040 (NY 1994). · cites it 2× “On June 7 respondent received a discharge pass for that purpose, and on July 10, 1991 she was formally released (see, Mental Hygiene Law § 9.13 [b]). On June 21, 1991, shortly before respondent’s formal release, the Commissioner submitted to County Court a proposed order of…”
Charles W. v. Maul, 214 F.3d 350 (2d Cir. 2000). “at 966 (quoting N.Y. Mental Hyg. Law § 9.13 (6) (McKinney 1978)), and went on to hold that the state’s procedural scheme as a whole satisfied both substantive and procedural due process, id.”
Hirschfeld v. Hogan, 60 A.D.3d 728 (N.Y. App. Div. 2009). · cites it 2× “otion which were to dismiss the complaint pursuant to CPLR 3211 (a) (3), (5) and (7), and granted that branch of the *729 plaintiffs motion which was for summary judgment declaring that both Mental Hygiene Legal Service and a voluntary patient at a mental health facility under…”
In re Manhattan Psychiatric Ctr., 285 A.D.2d 189 (N.Y. App. Div. 2001). “He was later transferred, on a voluntary basis, pursuant to Mental Hygiene Law § 9.13, to petitioner Manhattan Psychiatric Center (the hospital).”
Hirschfeld v. Hogan, 18 Misc. 3d 531 (N.Y. Sup. Ct. 2007). · cites it 3× “Defendants cross-move to dismiss the complaint pursuant to CPLR 3211 (a) (3), (5) and (7) and to permanently enjoin plaintiff from utilizing Mental Hygiene Law § 9.13 as a basis to effectuate the discharge of children under the age of 16 from a state run inpatient facility.”
Dennis Buthy v. The Comm'r of the Off. of Mental Health of New York State, the Dir. of the Gowanda Psychiatric Ctr., 818 F.2d 1046 (2d Cir. 1987). “See N.Y.Mental Hyg.Law §§ 9.13 (voluntary admissions), 9.”
Ford v. Daniel R., 215 A.D.2d 294 (N.Y. App. Div. 1995). · cites it 2× “), entered on or about September 1, 1994, which denied petitioner’s application to retain respondent pursuant to Mental Hygiene Law § 9.13, is unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, to the extent of remanding the matter for…”
Show all 44 citing cases →
— N.Y. Mental Hygiene Law § 9.13(b) — 1 case
Matter of Jaheim G. (Lisa G.), 2020 NY Slip Op 05900 (N.Y. App. Div. 2020).
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