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Order Directing Emergency

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ORDER DIRECTING EMERGENCY EVALUATION

M.H.L. §943

General Form 13b

(Order Directing

Emergency Evaluation)

8/2010

At a term of the Family Court of the

State of New York, held in and for the

County of

at , New York,

on

PRESENT:

Hon.

Judge

In the Matter of a Proceeding under
Article of the Family Court Act

Docket No.

ORDER DIRECTING

EMERGENCY

EVALUATION

(Mental Hygiene Law

§9.43)

A petition under Article of the Family Court Act, sworn to on , having

been filed in this court in the above-entitled proceeding alleging that

And the matter having duly come on to be heard before this Court; and

I. Required Determinations for Inpatient Examination [check applicable box(es)]:

A. This Court has jurisdiction over the petition and [specify person to be examined]:

[Check applicable box]:

is a person within the jurisdiction of this Court;

is a parent or other person legally responsible for the care of a child who is within the jurisdiction

of this Court; and

B. [Specify person to be examined]: , a person before the

court, has or may have a mental illness which is likely to result in serious harm to himself or herself

or others based upon the following evidence presented [specify]:

II. Required “Best Interests” and “Reasonable Efforts” Findings [Required in all cases in which

the person to be remanded is a child who is the Respondent in a proceeding under Articles 3 or 7 of

the Family Court Act or who is the subject of a proceeding under Article 10 of the Family Court Act or

Social Services Law §§358-a, 384-b or 392; check applicable boxes and provide case-specific reasons

in both A and B, below. If findings were previously made, so specify]:

A. Continued placement in the Respondent's home [check applicable box]: would would not

be contrary to the Respondent's best interests, based upon the following facts and for the

following specific reasons [specify particular facts and reasons]:

Specific documents or evidence supporting this finding include the following:

Mental health evaluation, dated

Testimony of

Other

; AND

B. Reasonable efforts, where appropriate, to prevent or eliminate the need for removal of the

Respondent from the home, and, if the Respondent was removed prior to the date of the

hearing, to return the Respondent safely to his or her home:

were made as follows [specify reasonable efforts]:

were not made but the lack of such efforts was appropriate based upon the following

facts and for the following reasons [specify particular facts and reasons]:

were not made.

Specific documents or evidence supporting the finding in B include the following:

Mental health evaluation, dated

Testimony of

Other

NOW, therefore, it is

ORDERED that [specify]:

is remanded to [check applicable box]:

The following hospital specified in section 9.39(a) of the Mental Hygiene Law

[specify]:

OR

The following comprehensive psychiatric emergency program described in section

9.40(a) of the Mental Hygiene Law [specify]:

for a determination by the director of such hospital or program whether such person should be retained

therein pursuant to such section; and it is further

ORDERED that the director of the hospital or program to which the remand is made shall, within

days after the completion of such examination, submit a report to this Court; and it is further

ORDERED that this proceeding is adjourned to [specify date]: (and it is further)

(ORDERED ).

PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS

ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT

IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY

THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY

FOR THE CHILD UPON THE APPELLANT, WHICHEVER IS EARLIEST.

ENTER

Judge of the Family Court

Dated:

Check applicable box:

Order mailed on [specify date(s) and to whom mailed ]:

Order received in court on [specify date(s) and to whom given]:

Enter text

What an Order Directing Emergency Is and When it’s Used

An Order Directing Emergency is an authoritative written directive issued by a court, public agency, or authorized official that requires immediate action to protect persons, property, public health, or critical infrastructure. Typical uses include emergency temporary orders, expedited protective measures, evacuation or quarantine directives, and time-sensitive administrative actions. The document identifies the issuing authority, the scope of measures to be taken, affected parties, and the effective period. Accuracy in names, dates, and the scope of authority is essential because the order triggers immediate obligations and may create criminal or civil enforcement consequences if ignored.

Why a Clear Emergency Order Matters

A concise, well-composed Order Directing Emergency clarifies who must act, what actions are required, and when they take effect. It provides legal basis for immediate steps and an auditable record for enforcement or later review.

Why a Clear Emergency Order Matters

Who Typically Prepares and Receives These Orders

Agencies, courts, and institutional officials commonly prepare emergency orders; recipients range from individuals to corporate entities and service providers.

  • Courts and Judges: Trial or emergency court orders directing protection, custody, or asset freezes for immediate effect.
  • Public Health Agencies: State and local health officers issuing quarantines, isolation, or vaccination mandates.
  • Hospitals and Healthcare Systems: Administrators implementing emergency medical orders or temporary operational directives.

Core Elements to Include in a Professional Emergency Order

A professional Order Directing Emergency combines clear authority, precise operative language, and defined timelines so recipients can comply immediately and reviewers can verify validity later.

Issuing Authority

Identify the court, agency, or official by name and statutory or code citation showing the legal power to issue emergency measures.

Effective Scope

Describe with specificity the actions required, geographic or subject-matter boundaries, and which persons or entities are directly affected by the order.

Duration

State start and end times, any conditions for automatic expiration, and procedures for extension or review of the emergency measures.

Operative Commands

Use plain, unambiguous directives (must, shall, prohibited) with measurable criteria to avoid confusion during urgent implementation.

Service and Notice

List how the order will be delivered to recipients and any required acknowledgements; include notice timelines and authorized methods of service.

Enforcement Remedies

Specify penalties, contempt procedures, or enforcement agencies responsible for compliance and the manner for contesting the order.

Required Information and Standard Fields

Order Title: Exact title
Issuing Agency: Agency name
Authority Citation: Statute or rule
Effective Date: MM/DD/YYYY
Recipients: Named parties
Signature Block: Name and title

Step-by-Step: Completing an Order Directing Emergency

Follow these steps to draft, verify, and issue an emergency order that is ready for distribution and retention.

  • 01
    Draft Authority: Cite enabling statute or rule before drafting operative language.
  • 02
    Define Actions: State precise obligations, prohibitions, or locations affected.
  • 03
    Confirm Parties: Spell recipient names exactly as legal entities or individuals.
  • 04
    Sign and Date: Obtain authorized signature, date, and contact information.

How to Configure an Online Emergency Order Workflow

Set up an online workflow to capture signatures, record timestamps, and notify recipients automatically to minimize implementation delay.

Field Configuration
Authority Field Mandatory text field with statute citation
Effective Date Field Use MM/DD/YYYY format and date-picker
Signature Field Signer name, title, and signature block
Notification Setting Auto-email and SMS alerts to recipients

Where to File, Send, and Store an Emergency Order

Emergency orders typically require simultaneous filing with the issuing office and immediate service on recipients; maintain a secure, timestamped record.

  • Filing Office: Submit the signed order to the issuing court or agency record office.
  • Direct Service: Serve named recipients through authorized methods listed in the order.
  • Public Notice: Publish or post notices when statute or policy mandates public dissemination.
  • Record Storage: Retain an original signed copy in the official records repository.

Distribution and eSubmission Options

Use secure electronic filing and authenticated delivery to ensure rapid receipt, reliable attribution, and an auditable trail.

  • Email Delivery: Signed PDF attachment
  • Secure Portal: Recipient login required
  • Registered Mail: Use when statute requires physical service

Combining immediate electronic delivery with official filing to the issuing office balances speed and legal formality; retain audit logs and copies for compliance verification.

Typical Timelines and Filing Expectations

Emergency orders often have short windows for service, filing, or implementation; record deadlines precisely in the order and follow statutory timing rules.

Immediate Effect:

Some measures take effect upon signing

Service Window:

Deliver within 24–48 hours where required

Filing Requirement:

File original with issuing office promptly

Retention Start:

Retention begins on date of issuance

Review/Extension:

Specify timeframe for emergency review or extension

Common Mistakes to Avoid When Preparing Emergency Orders

  • Vague operative terms: unclear commands delay enforcement and create disputes over compliance responsibilities.
  • Incorrect recipient names or addresses: misnaming an entity can frustrate service and invalidate enforcement actions.
  • Missing authority citation: failing to cite the statutory or regulatory basis invites challenges and may void the order.
  • Poor version control: circulating unsigned drafts or untracked edits causes confusion about which instrument is authoritative.

Consequences of Inaccurate or Unlawful Emergency Orders

Noncompliance Risk: Civil or criminal contempt
Invalidation: Order may be voided on review
Civil Liability: Damages for wrongful action
Regulatory Sanctions: Administrative fines possible
Privacy Violations: HIPAA/FERPA exposure
Operational Disruption: Delayed emergency response

eSignature Pricing and Feature Snapshot for Emergency Order Workflows

Basic pricing and feature availability across common eSignature vendors; signNow appears first. Confirm vendor plans for enterprise or compliance add-ons.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card required Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Available (Business Premium) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA required) Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions — Order Directing Emergency

Answers to common legal, procedural, and technical questions about drafting, signing, and distributing emergency orders in the United States.


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