Appellate Division, First Judicial Department

Address: 41 Madison Avenue, 26th Floor, New York, NY 10010

Email: [email protected], Phone: (646) 386-5891, Fax: (212) 779-7899

Marvin Bernstein, Director | Stephen Harkavy, Deputy Director

Overview

The Mental Hygiene Legal Service (MHLS) for the First Judicial Department provides free legal services, advice, and assistance to people in Manhattan and the Bronx who are hospitalized because of mental illness or alleged to need such hospitalization, as well as people under an order of Assisted Outpatient Treatment (AOT) in the community. MHLS attorneys regularly visit every hospital that provides inpatient mental health treatment throughout the Bronx and Manhattan, and MHLS has field offices located within many of these hospitals.

MHLS also provides free legal representation to people who live in supported community residences in the Bronx and Manhattan that are licensed or operated by the Office of Mental Health or the Office for People with Developmental Disabilities. MHLS advocates on behalf of people with mental health challenges or developmental disabilities who live in these residences and may investigate allegations of abuse or mistreatment involving such individuals.

MHLS may also be appointed as court evaluator or counsel in adult guardianship proceedings brought under Mental Hygiene Law Article 81 or Surrogate's Procedure Act 17-A. MHLS may also be appointed to represent sex offenders in civil management proceedings brought under Mental Hygiene Law Article 10. MHLS can also provide free legal representation to individuals who are discharged to nursing homes after a period of psychiatric hospitalization.

Issues Concerning People with Developmental Disabilities

MHLS provides free legal services to residents of Individualized Residential Alternatives (IRAs), Intermediate Care Facilities (ICFs), and other residential settings licensed by the Office for People with Developmental Disabilities (OPWDD). MHLS can assist these residents with issues related to the services they receive, including housing, medical and psychiatric treatment, and allegations of abuse or mistreatment.

• Manhattan: (646) 386-5891 / [email protected]
• Bronx: (718) 618-3717

Note: With respect to health care decision making, the Mental Hygiene Legal Service must receive notice of decisions by legally authorized surrogates who provide consent to withhold or withdraw life sustaining treatment for residents who lack capacity living in or transferred from facilities operated or licensed by OPWDD. Such facilities include developmental centers, intermediate care facilities (ICFs), and Individualized Residential Alternatives (IRAs). Please reach out to the above contacts for any end-of-life decision-making notifications. See Care Decisions | Office for People With Developmental Disabilities (external link) for more information, including after-hours contacts.

Issues Concerning Psychiatric Hospitalization

• Manhattan: (646) 386-5891 / [email protected]
• Bronx: (718) 618-3717

MHLS provides free legal services to people who are hospitalized or alleged to be in need of hospitalization due to mental illness. MHLS can inform these patients about their legal rights and assist with any matters related to admission, retention, discharge, care and treatment, including any allegations of abuse or misconduct. MHLS will also represent patients in court proceedings to seek release from hospitalization or if the hospital seeks to treat them over their objection.

Manhattan Hospitals Covered:

Bronx Hospitals Covered:

Assisted Outpatient Treatment

MHLS represents people who are subject to court proceedings for Assisted Outpatient Treatment (AOT), which is court-mandated treatment in the community. MHLS provides free legal representation to individuals in AOT proceedings, including individuals who are living in the community under continuing AOT orders.

MHLS AOT contacts:

• Manhattan: (646) 386-5891 / [email protected]
• Bronx: (718) 618-3717

Adult Guardianship

New York Mental Hygiene Law Article 81 governs court proceedings alleging that someone needs a guardian to manage their personal care and/or property. In these cases, MHLS may be appointed as counsel for the person or as court evaluator to investigate the allegations and report to the court about the person's situation.

MHLS also represents people in guardianship proceedings under Surrogate's Court Procedure Act Article 17-A. In these cases, a family member is seeking to become guardian of a person who has developmental disabilities who is over the age of 18. If the person lives in a residential setting that is licensed by OPWDD, such as an IRA or ICF, MHLS acts as their counsel in these cases.

MHLS Guardianship contacts:

Sex Offender Civil Commitment

Mental Hygiene Law Article 10 governs post-prison civil commitment or supervision of some sex offenders who are alleged to suffer from “mental abnormalities” that cause them to commit sex offenses. MHLS may be appointed as counsel to represent individuals in court proceedings under MHL Article 10.

OMH Licensed Supportive Housing

MHLS may provide legal assistance to individuals who live in supportive housing licensed by the New York State Office of Mental Health (OMH), particularly in matters relating to involuntary discharge from these supportive housing programs. An OMH-licensed residence that is seeking to discharge a person must provide that person with contact information for MHLS and inform the person that they may contact MHLS at the addresses below for legal assistance related to the proposed discharge.

Other MHLS Departmental Offices