In The Matter Of Miguel M. v. Barron

950 N.E.2d 107 (2011)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

D, as designee of the New York City Department of Health and Mental Hygiene, applied for an order under Mental Hygiene Law § 9.60 requiring 'assisted outpatient treatment' (AOT) for P. The petition alleged that P was suffering from a mental illness; that he was unlikely to survive safely in the community without supervision; that he had a history of failing to comply with treatment; that he was unlikely to participate in necessary treatment voluntarily; and that he needed, and would benefit from, AOT to prevent a relapse or deterioration of his mental status, which would be likely to result in serious harm to P or to others. D offered in evidence records from two hospitals relating to three occasions on which P was hospitalized. The hospitals had furnished the records in response to a request made without notice to P. P had not authorized the release of the records, and no court order for their disclosure had been sought or obtained. The records were received over P's objection. The Supreme Court directed that P 'receive and accept assisted outpatient treatment' for a period of six months. The Appellate Division affirmed. P appealed.

Issues

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Holding & Decision

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Legal Analysis

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