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S5471Senate2011-2012 SessionSame asA5458

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

Sponsor George D. MaziarzSD-62Affects Health
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A5458

What's happening

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Who cares

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Sponsors

Primary sponsor
George D. Maziarz

Senator · Senate District 62

Chair, Energy And Telecommunications

No co-sponsors yet.

History

  1. Substituted by A5458A
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1051
  5. Committee discharged and committed to children and families
  6. Referred to aging

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5458Assembly

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

Signed by Governor · Sponsor William Scarborough

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.