Section 9.60 of the Mental Hygiene Law, commonly referred to as Kendra’s Law, allows for court-ordered assisted outpatient treatment (AOT). Upon enacting Section 9.60, the Legislature made findings that individuals suffering from mental illness may reside safely in the community with the help of mental health professionals.[1]�
A Section 9.60 application is commenced by an order to show cause supported by a verified petition and a physician’s affirmation. The criteria for an AOT order are enumerated in the statute.[2]� The petition must allege that the individual for whom an AOT order is sought satisfies each criterion for an AOT order.[3]� The individual alleged to satisfy the AOT criteria is referred to as the “subject of the petition” or simply the “subject.”[4]� Section 9.60 (a) states the specific treatment that can be ordered in an AOT proceeding. The forms of treatment include, among others, medication, individual or group therapy, and substance abuse testing, where applicable. The retention of the patient in an inpatient hospital unit is not one of the forms of treatment authorized as this statute is designed for outpatient treatment. The proposed forms of treatment are to be submitted to the court in a written treatment plan developed and testified to by the examining physician.[5]�
