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NY A04114
Bill
Status
2/1/2019
Primary Sponsor
Gary Pretlow
Click for details
AI Summary
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Allows individuals who received inpatient or outpatient mental health services to request a court order sealing their records after ten years without receiving outpatient treatment for mental illness.
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Court may seal records held by the Office of Mental Health, facilities, or other entities upon finding competent medical evidence that the person is not currently suffering from mental illness and sealing serves the interests of the person and society.
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Creates a presumption that records should be sealed for any mental health treatment received before age sixteen, regardless of the ten-year requirement.
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Requires sealed records to be treated as though the mental health admission or services never occurred in response to official or unofficial inquiries about the person's mental health history.
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Allows petitioners to request sealing without commencing a special proceeding, though petitioners retain the right to pursue special proceedings under existing law.
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Takes effect ninety days after becoming law, with rulemaking authority granted to implement the provisions immediately upon enactment.
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
1/8/2020