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NY A04237
Bill
Status
2/1/2013
Primary Sponsor
Gary Pretlow
Click for details
AI Summary
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Upon request, courts must order the sealing of mental health records for individuals who have not received outpatient mental illness treatment for ten years and are no longer suffering from mental illness, subject to court-imposed limitations.
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Petitioners must submit a court-prescribed request form with an affidavit and competent medical evidence demonstrating they are not currently mentally ill and have not received outpatient services for ten years.
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Records sealed under this provision must be treated as though the mental health admission or services never occurred when responding to official or unofficial inquiries about the person's mental health history.
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The person whose records are sealed may also respond to inquiries about their mental health history as though the sealed services never occurred.
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A presumption exists that sealing records is in the best interests of both the person and society if mental health services were received prior to the person's sixteenth birthday.
Legislative Description
Authorizes former outpatients of mental health facilities to request a court of competent jurisdiction to render an order to have their files sealed when more than ten years have elapsed since the last treatment in such facility, they are not currently being treated for mental illness and it would be in the best interests of the petitioner and society to seal such record without the requirement of a special proceeding.
Last Action
referred to mental health
1/8/2014