(a) A youth who has been examined by a psychiatrist, physician or appropriate Division for Youth professional and determined to require immediate hospitalization shall be referred to a hospital pursuant to section 9.39 or section 9.37 of the Mental Hygiene Law for observation, care and treatment.

1. (1) A youth shall be determined to require immediate hospitalization if he is alleged to have a mental illness for which immediate observation, care and treatment in a hospital is appropriate and which is likely to result in serious harm to himself or others. For the purpose of this section, likelihood to result in serious harm shall mean:

   1. (i) substantial risk of physical harm to himself as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that he is dangerous to himself; or
   2. (ii) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of physical harm.

(b) No later than 15 calendar days after the admission of any youth to a hospital pursuant to this section, the director of the facility from which the youth was transferred shall initiate a transfer hearing pursuant to the procedures set out in section 175-1.5 of this Subpart.

1. (1) The referral report for a transfer hearing conducted after a youth has been admitted to a hospital pursuant to this section shall include the psychiatrists' documentations used by the Office of Mental Health or local psychiatric facility for the emergency admission or a psychiatric report prepared no earlier than seven calendar days prior to the date of the youth's admission.

(c) A youth admitted to a hospital pursuant to this section may waive his right to a hearing if:

1. (1) the attorney appointed to represent the youth advises the youth of his right to a hearing;
2. (2) the youth signs a waiver of hearing and consents to admission to the hospital;
3. (3) the youth's attorney considers the waiver and consent executed by the youth appropriate and he countersigns such waiver and consent and signs an affidavit indicating that he: advised the youth of his right to a hearing; examined all relevant materials and conferred with the psychiatrist treating the youth; and concludes that it is in the best interest of the youth to waive the transfer hearing; and
4. (4) the hearing officer, after consultation with the youth's attorney and review of all the relevant documents, considers the waiver and consent signed by the youth appropriate and countersigns such waiver and consent. If the hearing officer does not accept the waiver, a transfer hearing shall be held in accordance with sections 175-1.6 through 175-1.9 of this Subpart.