2006 New York Code - 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. Such application
  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.