Full question:
\A boy (15) was (Falsely) taken in to the Psychiatric ER of a Hospital by his mother on the pretense that he is 'Suicidal' after 24-48 hours the Hospital was ready to release him (they didn't find any signs of mental illness) the boy then claimed that 'The mom abused him and he wont go with her, Child services investigated and didn't find any abuse. The boy says 'enough is enough' he is not going home to her, the hospital is at a loss what to do, so they keep him in the PSYCH WARD, restrict his movement, (as per moms instructions, no phone calls and no visitors). Do they have a right to keep him under lock and key in a Psych ward? Do they have a right not to take him outside for him to get fresh air? Do they have a right to withhold him from attending his religious services?
- Category: Mental Health
- Date:
- State: New York
Answer:
To determine if the hospital can legally keep the boy in the psychiatric ward, we look at New York statutes regarding involuntary admission and patient rights.
According to NY law, a hospital can admit a person involuntarily if two examining physicians certify that the person is mentally ill and needs care (N.Y. Mental Hygiene Law § 9.27). If a patient is admitted involuntarily, they have the right to be informed of their rights and the mental hygiene legal service (N.Y. Mental Hygiene Law § 9.07).
In this case, the hospital initially admitted the boy based on claims of suicidal thoughts. However, if the hospital has determined he does not exhibit signs of mental illness and is ready to release him, they cannot keep him against his will without proper legal justification. The boy has the right to request a hearing regarding his involuntary admission (N.Y. Mental Hygiene Law § 9.31). If he or someone on his behalf requests this hearing, the hospital must comply.
Regarding his movement, access to fresh air, and attending religious services, the hospital must respect his rights unless there is a legal basis for restrictions. If the hospital is acting on the mother's instructions without a legal framework supporting those actions, they may be violating his rights.
In summary, the hospital cannot legally keep the boy in the psychiatric ward against his will without proper legal justification, and he has rights to movement and communication unless otherwise mandated by law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.