N.Y. Social Services Law § 473-c: An order to gain access to persons believed to be in need of protective services for adults

§ 473-c. An order to gain access to persons believed to be in need of

protective services for adults. 1. A social services official may apply

to the supreme court or county court for an order to gain access to a

person to assess whether such person is in need of protective services

for adults in accordance with the provisions of section four hundred

seventy-three of this article when such official, having reasonable

cause to believe that such person may be in need of protective services,

is refused access by such person or another individual. A social

services official who is refused access shall assess, in consultation

with a person in a supervisory role, whether or not it is appropriate to

apply for an order to gain access to such person. Such assessment must

be made as soon as necessary under the circumstances, but no later than

twenty-four hours after the investigating official is refused access.

The determination of whether or not to apply for an order to gain access

and the reasons therefor shall be documented in the investigation file.

Such application for an order to gain access shall state, insofar as the

facts can be ascertained with reasonable diligence:

(a) the name and address of the person who may be in need of

protective services for adults and the premises on which this person may

be found;

(b) the reason the social services official believes the person may be

in need of protective services for adults, which may include information

provided by other agencies or individuals who are familiar with the

person who may be in need of protective services for adults;

(c) the person or persons who are responsible for preventing the

social services official from gaining access to the person who may be in

need of protective services for adults;

(d) the efforts made by the social services official to gain access to

the person who may be in need of protective services for adults;

(e) the names of any individuals, such as physicians or nurses, or

other health or mental health professionals qualified to participate in

the assessment, who shall accompany and assist the social services

official conducting an assessment of the need of a person for protective

services for adults;

(f) the manner in which the proposed assessment is to be conducted;

(g) that the social services official seeks an order solely for the

purpose of assessing the need of a person for protective services for

adults in accordance with the provisions of section four hundred

seventy-three of this article and applicable regulations of the

department;

(h) that no prior application has been made for the relief requested

or for any similar relief, or if prior application has been made, the

determination thereof, and the new facts, if any, that were not

previously shown which warrant a renewal of the application.

2. Any allegations which are not based upon personal knowledge shall

be supported by affidavits provided by a person or persons having such

knowledge. Such affidavits shall be attached to the application.

3. The applications authorized in this section shall have preference

over all other causes in all courts of appropriate jurisdiction, except

those with a similar statutory preference.

4. If the court is satisfied that there is reasonable cause to believe

that a person in need of protective services for adults may be found at

the premises described in the application, that such person may be in

need of protective services for adults, and that access to such person

has been refused, it shall grant the application and issue an order

authorizing the social services official and such other individuals as

may be designated by the said official, accompanied by a police officer,

to enter the premises to conduct an assessment to determine whether the

person named in the application is in need of protective services for

adults. The standard for proof and procedure for such an authorization

shall be the same as for a search warrant under the criminal procedure

law.

5. The provisions of this section shall not be construed to authorize

a social services official to remove any person from the premises

described in the application, or to provide any involuntary protective

services to any person other than to assess a person's need for

protective services for adults. Nothing in this section shall be

construed to impair any existing right or remedy.