The Office of Mental Health, in consultation with the Office of Court Administration, has prepared forms that may be used in court proceedings under Kendra’s Law (Chapter 408 of the Laws of 1999). Three sets of forms have been developed:
- Forms for use when a city/county mental health official (i.e., a Director of Community Services under the Mental Hygiene Law ) acts as a petitioner; (PDF | Microsoft Word)
- Forms for use when a hospital initiates the court proceeding; (PDF | Microsoft Word)
- Forms for use by a petitioner that is neither a Director of Community Services nor a hospital. (PDF | Microsoft Word)
All three sets of forms include the following: (1) an order to show cause; (2) a verified petition; (3) a physician’s affirmation; and (4) a final order/judgment.
These forms require the user to insert specific information in the space provided. If more space is necessary, the user can attach additional sheets to the forms and note that fact.
These forms prepared by OMH can be used to initiate court proceedings throughout the State. However, the user is encouraged to contact the local Director of Community Services prior to the commencement of a court proceeding to discuss the facts of the particular case and to learn about the assisted outpatient treatment program in place in the locality. The user of these forms is also encouraged to contact the court where the proceeding may be commenced to determine if any local rules or procedures should be followed in preparing or filing the forms, and to verify the filing fees related to the proceeding.
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