2012 New York Consolidated Laws
SOS - Social Services
Article 9-B - ADULT PROTECTIVE SERVICES
Title 2 - (473-A - 473-C) SHORT-TERM INVOLUNTARY PROTECTIVE SERVICES ORDERS
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.