§ 473-c. An order to gain access to persons believed to be in need of\nprotective services for adults.
1.A social services official may apply\nto the supreme court or county court for an order to gain access to a\nperson to assess whether such person is in need of protective services\nfor adults in accordance with the provisions of section four hundred\nseventy-three of this article when such official, having reasonable\ncause to believe that such person may be in need of protective services,\nis refused access by such person or another individual. A social\nservices official who is refused access shall assess, in consultation\nwith a person in a supervisory role, whether or not it is appropriate to\napply for an order to gain access to such person. Such assessment must\nbe made as soon
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§ 473-c. An order to gain access to persons believed to be in need of\nprotective services for adults. 1. A social services official may apply\nto the supreme court or county court for an order to gain access to a\nperson to assess whether such person is in need of protective services\nfor adults in accordance with the provisions of section four hundred\nseventy-three of this article when such official, having reasonable\ncause to believe that such person may be in need of protective services,\nis refused access by such person or another individual. A social\nservices official who is refused access shall assess, in consultation\nwith a person in a supervisory role, whether or not it is appropriate to\napply for an order to gain access to such person. Such assessment must\nbe made as soon as necessary under the circumstances, but no later than\ntwenty-four hours after the investigating official is refused access.\nThe determination of whether or not to apply for an order to gain access\nand the reasons therefor shall be documented in the investigation file.\nSuch application for an order to gain access shall state, insofar as the\nfacts can be ascertained with reasonable diligence:\n (a) the name and address of the person who may be in need of\nprotective services for adults and the premises on which this person may\nbe found;\n (b) the reason the social services official believes the person may be\nin need of protective services for adults, which may include information\nprovided by other agencies or individuals who are familiar with the\nperson who may be in need of protective services for adults;\n (c) the person or persons who are responsible for preventing the\nsocial services official from gaining access to the person who may be in\nneed of protective services for adults;\n (d) the efforts made by the social services official to gain access to\nthe person who may be in need of protective services for adults;\n (e) the names of any individuals, such as physicians or nurses, or\nother health or mental health professionals qualified to participate in\nthe assessment, who shall accompany and assist the social services\nofficial conducting an assessment of the need of a person for protective\nservices for adults;\n (f) the manner in which the proposed assessment is to be conducted;\n (g) that the social services official seeks an order solely for the\npurpose of assessing the need of a person for protective services for\nadults in accordance with the provisions of section four hundred\nseventy-three of this article and applicable regulations of the\ndepartment;\n (h) that no prior application has been made for the relief requested\nor for any similar relief, or if prior application has been made, the\ndetermination thereof, and the new facts, if any, that were not\npreviously shown which warrant a renewal of the application.\n 2. Any allegations which are not based upon personal knowledge shall\nbe supported by affidavits provided by a person or persons having such\nknowledge. Such affidavits shall be attached to the application.\n 3. The applications authorized in this section shall have preference\nover all other causes in all courts of appropriate jurisdiction, except\nthose with a similar statutory preference.\n 4. If the court is satisfied that there is reasonable cause to believe\nthat a person in need of protective services for adults may be found at\nthe premises described in the application, that such person may be in\nneed of protective services for adults, and that access to such person\nhas been refused, it shall grant the application and issue an order\nauthorizing the social services official and such other individuals as\nmay be designated by the said official, accompanied by a police officer,\nto enter the premises to conduct an assessment to determine whether the\nperson named in the application is in need of protective services for\nadults. The standard for proof and procedure for such an authorization\nshall be the same as for a search warrant under the criminal procedure\nlaw.\n 5. The provisions of this section shall not be construed to authorize\na social services official to remove any person from the premises\ndescribed in the application, or to provide any involuntary protective\nservices to any person other than to assess a person's need for\nprotective services for adults. Nothing in this section shall be\nconstrued to impair any existing right or remedy.\n