AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

IN THE MATTER OF FRANCINE T. (ANONYMOUS), respondent. CHARLOTTE SELTZER, AS DIRECTOR OF CREEDMOOR PSYCHIATRIC CENTER, appellant.

DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

For a hospital to retain a patient for involuntary psychiatric care, it must establish, by clear and convincing evidence, that the patient is mentally ill and in need of continued care and treatment, and that the patient poses a substantial threat of physical harm to himself or herself or to others (see Matter of Seltzer v. Hogue, 187 A.D.2d 230; Matter of Edward L., 137 A.D.2d 818). In the present case, the appellant failed to show by clear and convincing evidence that the patient's mental illness causes her to pose a substantial threat of physical harm to herself or others (see Matter of George L., 85 N.Y.2d 295, 307-308; Matter of Seltzer v. Grace J., 213 A.D.2d 412; cf. Matter of Boggs v. New York City Health Hosps. Corp., 132 A.D.2d 340). The law does not authorize the involuntary retention of a patient solely for the purpose of providing treatment (see Matter of Harry M., 96 A.D.2d 201; Matter of Scopes v. Shah, 59 A.D.2d 203). Accordingly, the hearing court properly denied the application and directed that the patient be discharged.

FEUERSTEIN, J.P., KRAUSMAN, McGINITY and MASTRO, JJ., concur.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF FRANCINE T
(Feb 18, 2003)