In 1999, New York State enacted legislation that provides for
court-ordered Assisted Outpatient Treatment (AOT) for eligible
individuals with mental illness who, have a history of
dangerousness associated with non-compliance with treatment; and
who, in view of their treatment history, are unlikely to survive
safely in the community without supervision. The following
questions and answers will help explain this legislation, commonly
referred to as "Kendra's Law." Additional information can be
obtained at the website for the Office of Mental Health for the
State of New York at:
www.omh.state.ny.us/omhweb/Kendra_web/KHome.htm*
What are the eligibility criteria for
Assisted Outpatient Treatment?
An individual may be ordered to obtain AOT only if, after a
hearing, a court finds by clear and convincing evidence that the
subject of the petition meets all of the following criteria:
- is at least 18 years of age and suffers from a mental
illness;
- is unlikely to survive in the community without supervision,
based on clinical determination;
- has a history of non-compliance with treatment for mental
illness which has led to either two hospitalizations for mental
illness in the preceding three years, or resulted in at least
one act of violence toward self or others, or threats of serious
physical harm to self or others, within the preceding four
years;
- is unlikely to accept the treatment recommended in a
treatment plan;
- is in need of AOT to avoid a relapse or deterioration that
would likely result in serious harm to self or others; and
- is likely to benefit from AOT.
Before a court may order AOT, it must be satisfied that it is
the least restrictive alternative for the person. In some cases,
if a less restrictive program exists that could effectively assist
the person, a diversion plan will be developed that is a voluntary
agreement of participation by the individual.
Whom should I contact if I think that
someone needs assistance through AOT?
In Warren and Washington Counties, contact the Office of
Community Services for Warren and Washington Counties at
518-792-7143. Staff will respond to your concerns, help you to
determine if the person meets the criteria for AOT, and may refer
you to other available services to assist the individual.
What is the process to obtain
court-ordered Assisted Outpatient Treatment for someone?
The first step is the filing of a petition with the court for
the county where the person resides. The petition is a formal
statement of facts demonstrating that the person meets the
criteria for AOT, which is accompanied by an affidavit of an
examining physician.
The court is required to schedule a hearing, at which the court
may hear testimony of the physician whose affidavit was filed and
may also consider testimony of the petitioner and the subject of
the petition. The subject of the petition has the right to legal
representation throughout the proceeding. If the court determines
that the criteria for AOT are met, and a written treatment plan
has been filed with the court, an order for assisted outpatient
treatment is issued.
How long does the person remain in the
AOT program?
The initial court order is effective for up to six months from
the date of the order. The order can be extended for successive
periods of up to one year each. The same procedure used for the
initial order is used to secure an order for extension.
What happens if the person does not
comply with the terms of the court order?
If, in the clinical judgment of a physician, the individual has
failed or refused to comply with the treatment ordered by the
court and may be in need of involuntary admission to a hospital,
he or she may recommend that the person be transported to a
hospital and retained for up to 72 hours to determine if inpatient
care and treatment are necessary. Any decision to retain the
person beyond the initial 72 hours must be in accordance with the
procedures for involuntary admission set forth in Mental Hygiene
Law.
Who do I contact if I have additional
questions about assisted outpatient treatment?
Contact the Office of Community Services for Warren and
Washington Counties at 792-7143.
