Section 8.26 - B. Least Restrictive Alternative

• Jurisdiction: New York

b. Least Restrictive Alternative

The court must also determine whether there are any less restrictive alternatives to hospitalization—such as halfway houses, community residences, health-related facilities or outpatient clinics—that would adequately meet the patient’s needs. The right to the least restrictive alternative has been recognized by the N.Y. Court of Appeals.¹²⁴² The right to live in the most integrated setting is also guaranteed by the federal Americans With Disabilities Act (ADA),¹²⁴³ and patients released after court hearings have sued to vindicate their rights to community placement under both the MHL and the ADA.

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^[1242] Kesselbrenner v. Anonymous, 39 A.D.2d 410, 334 N.Y.S.2d 738 (2d Dep’t 1972), rev’d, 33 N.Y.2d 161, 350 N.Y.S.2d 889 (1973); see also Jackson v. Indiana, 406 U.S. 715 (1972); Humphrey v. Cady, 405 U.S. 504 (1972); Project Release v. Prevost, 551 F. Supp. 1298 (E.D.N.Y. 1982), aff’d, 722 F.2d 960 (2d Cir. 1983).

^[1243] Olmstead v. L.C., 527 U.S. 581 (1999).

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