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A05458 Summary:

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A05458 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5458--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 18, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  SCARBOROUGH,  PEOPLES-STOKES, TITUS, GIGLIO,
          SMARDZ, SCHROEDER -- read once and referred to the Committee on  Chil-
          dren  and  Families  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the social services law, in relation to an order to gain

          access to persons believed to be in need of  protective  services  for
          adults
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of subdivision 1 of section 473-c  of
     2  the social services law, as added by chapter 413 of the laws of 1986, is
     3  amended to read as follows:
     4    A  social  services  official may apply to the supreme court or county
     5  court for an order to gain access to a person  to  assess  whether  such
     6  person  is  in need of protective services for adults in accordance with
     7  the provisions of section four hundred  seventy-three  of  this  article
     8  when  such official, having reasonable cause to believe that such person
     9  may be in need of protective services, is refused access by such  person

    10  or another individual.  A social services official who is refused access
    11  shall  assess,  in  consultation  with  a  person in a supervisory role,
    12  whether or not it is appropriate to apply for an order to gain access to
    13  such person. Such assessment must be made as soon as necessary under the
    14  circumstances, but no later than twenty-four hours after the investigat-
    15  ing official is refused access. The determination of whether or  not  to
    16  apply  for  an  order  to  gain access and the reasons therefor shall be
    17  documented in the investigation file. Such application for an  order  to
    18  gain  access  shall  state, insofar as the facts can be ascertained with
    19  reasonable diligence:
    20    § 2. This act shall take effect immediately.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08593-06-1