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Children and Families: Jun 7, 2011

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Active List: Jun 15, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011

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Memo

BILL NUMBER:S5471

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: To require that when social service officials are denied access to persons they have reasonable cause to believe are in need of protective services for adults they must assess, no later than twenty-four hours, whether it is appropriate to apply for a court order to gain access.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivision 1 of section 473-c of the social services law to require that a social services official who is refused access shall assess, in consultation with a supervisor, whether it is appropriate to apply for an order to gain access to such person. The assessment must me made no later than twenty-four hours after the investigator is refused access. This section further provides that the determination of whether or not to apply for an order to gain access and the reasons therefore shall be documented in the investigation file.

Section two provides the effective date.

JUSTIFICATION: Current law provides that a social services official may apply for a court order to gain access to an individual if they have reasonable cause to believe that person is in need of protective services for adults and they have been refused access to that individual. The current system leaves the decision whether to apply for a court order completely up the discretion of the individual social services worker. This legislation will require the worker to consult his or her supervisor when access is refused and assess whether it is appropriate to apply for an order. This will ensure that when the facts of the case indicate an order to gain access to the individual will be sought.

This bill also provides that the determination of whether to apply for an order and the reasons therefore are documented in the case file. This ensures that a thoughtful and thorough assessment is completed, and the decision whether to apply for an order is supported by the facts of the case. This will also help to identify any patterns in the case, and ensure that a complete history of the individual is maintained. Neglecting to apply for and obtain an order after access was refused was one factor in the death of Laura Cummings, a 23 year-old developmentally disabled adult who was murdered by her caretakers in January of 2010. Had an order been obtained, and a thorough investigation conducted, this tragedy could have possibly been avoided.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

 FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.

Text

STATE OF NEW YORK
________________________________________________________________________

5471

2011-2012 Regular Sessions

IN SENATE

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