N.Y. Comp. Codes R. & Regs. tit. 18 § 457.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 457.10 - Short-term involuntary protective services orders

(a) Definitions. When used in this section unless otherwise expressly stated or unless the context of subject matter requires a different interpretation:

(1) Endangered adult means a person, age 18 or over who is:

(i) in a situation or condition which poses an imminent risk of death or imminent risk of serious physical harm to him or her; and

(ii) lacks the capacity to comprehend the nature and consequences of remaining in this situation or condition. However, refusal by the adult to accept protective services shall not in itself be sufficient evidence of such lack of capacity. In addition, mental illness shall not in itself be sufficient evidence of such lack of capacity.

(2) Short-term involuntary protective services are those services authorized in section 473 of the Social Services Law and set forth in subdivision (c) of section 457.1 of this Part which are provided involuntarily pursuant to the procedures established by this section.

(3) Petitioner means a social services official, as defined in section 2 of the Social Services Law, initiating a proceeding pursuant to this section.

(4) Respondent means an allegedly endangered adult.

(5) Allegedly endangered adult means a person who is the subject of a petition by a social services official for a short-term involuntary protective services order.

(b)

(1) Petition. A social services official may petition a supreme or county court of appropriate venue for an order authorizing the provision of short-term involuntary protective services pursuant to section 473-a of the Social Services Law.

(2) The petition shall state, to the extent the facts can be determined with reasonable diligence, considering the need to provide services expeditiously:

(i) the name, age and physical description of the allegedly endangered adult; and

(ii) the address or other location where the allegedly endangered adult can be found.

(3) The petition shall state facts showing:

(i) that the adult who is the subject of this petition is an endangered adult as defined in paragraph (a)(1) of this section;

(ii) the specific short-term involuntary protective services petitioned for, how such services would remedy the situation or condition which poses an imminent risk of death or imminent risk of serious physical harm to the allegedly endangered adult, and why such services are not overbroad as to scope or duration;

(iii) that the short-term involuntary protective services being applied for are necessitated by the situation or condition described in paragraph (a)(1) of this section;

(iv) that other voluntary protective services have been tried and have failed to remedy the situation, and that a future, voluntary, less restrictive alternative would not be appropriate or would not be available;

(v) if a change in the allegedly endangered adult's physical location is being applied for, that remedy of the dangerous situation or condition described in paragraph (a)(1) of this section is not appropriate in existing physical surroundings of the allegedly endangered adult;

(vi) any inconsistency known to petitioner between the proposed short-term involuntary protective services and the allegedly endangered adult's religious belief;

(vii) that the petitioner shall not knowingly apply for medical evaluations or medical treatment pursuant to section 473-a of the Social Services Law for a competent adult for the sole reason that such person relies upon or is being furnished treatment by spiritual means through prayer, in lieu of medical treatment, in accordance with the tenets and practices of a recognized church or religious denomination of which the adult is a member or bona fide adherent;

(viii) that is it reasonably appears that the allegedly endangered adult does not understand the English language, that reasonable efforts have been made to communicate with the allegedly endangered adult in a language he or she understands;

(ix) that no prior application has been made for the relief requested in the petition 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.

(4) The petition shall be verified. Any allegations which are not based upon the personal knowledge of the petitioner shall be supported by affidavits provided by a person or persons having such knowledge. Such affidavits shall be attached to the petition.

(c) Each district shall submit such reports on the implementation of section 473-a of the Social Services Law as may be required by the department. These reports shall be in a manner and on a format prescribed by the department.

(d) Nothing in this Part precludes the simultaneous commencement of a proceeding under this section and a proceeding under section 9.43 of the Mental Hygiene Law, or a proceeding under article 81 of such law. Furthermore, a pending proceeding under article 81 of such law does not preclude commencement of a proceeding under this section.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 457.10