Senate Bill S5471

Signed By Governor
2011-2012 Legislative Session

Relates to an order to gain access to persons believed to be in need of protective services for adults

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Sponsored By

Archive: Last Bill Status Via A5458 - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S5471 (ACTIVE) - Details

See Assembly Version of this Bill:
A5458
Law Section:
Social Services Law
Laws Affected:
Amd §473-c, Soc Serv L

2011-S5471 (ACTIVE) - Summary

Relates to an order to gain access to persons believed to be in need of protective services for adults; requires official to document factors considered to determine whether or not to apply for an order to gain access.

2011-S5471 (ACTIVE) - Sponsor Memo

2011-S5471 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5471

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

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:

  Section 1. The opening paragraph of subdivision 1 of section 473-c  of
the social services law, as added by chapter 413 of the laws of 1986, is
amended to read as follows:
  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 INVESTIGAT-
ING 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:
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08593-10-1


              

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