New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 5 - Adult and Family Services › Part 457 - Protective Services For Adults › Section 457.6 - Serving involuntary clients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. When the district believes that
			 there is a serious threat to an adult's well being and that the adult is
			 incapable of making decisions on his or her own behalf because of mental
			 impairments, the social services official has a responsibility to pursue
			 appropriate legal intervention in accordance with the provisions of sections 473 and
			 473-a  of the Social Services Law, articles
			 9, 15 and 81 of the Mental Hygiene Law, article 8 of the Family Court Act and
			 article 17-A of the Surrogate's Court Procedure Act, even though such
			 intervention may be against the wishes of or without the knowledge of the adult
			 at risk. The districts must employ the least restrictive intervention necessary
			 to effectively protect the adult. The immediacy and seriousness of the threat
			 to the individual will determine whether crisis intervention procedures and/or
			 other legal procedures are warranted as set forth in subdivisions (b) and (c)
			 of this section.
(b) Crisis
			 intervention. For an adult who exhibits such a degree of self-destructive
			 behavior or who is living in such a hazardous situation that there is
			 substantial risk of harm to himself, herself or others and such adult is
			 incapable of making decisions on his or her own behalf because of mental
			 impairments, the social services official has a responsibility to initiate
			 appropriate action even though it may be without the adult's consent or
			 knowledge. Such actions of intervention will usually include enlisting the
			 services of other agencies and professionals. The district shall utilize the
			 appropriate intervention or procedures as follows:
(1) enlist immediate help of a peace officer
			 to take an adult into custody pursuant to section 9.41  of the Mental Hygiene Law or for other
			 appropriate assistance;
(2) request
			 the local director of community services to apply for admission of an adult to
			 a hospital or to direct the removal of an adult to a hospital pursuant to
			 sections 9.37 and
			 9.45  of the Mental Hygiene Law or to take
			 other appropriate action;
(3)
			 initiate application for admission to a mental hygiene facility on
			 certification of two examining physicians pursuant to sections 9.27 and
			 15.27  of the Mental Hygiene Law;
(4) enlist help from public health officials
			 and call an ambulance or other emergency medical care provider in acute
			 situations;
(5) take the necessary
			 action for the initiation by a social services official of a petition to obtain
			 an order authorizing the provision of short-term involuntary protective
			 services pursuant to section
			 457.10 
			 of this Part; and/or
(6) take the
			 necessary action to initiate proceedings for an order of protection against an
			 abusive household or family member pursuant to sections 119, 822 and 842  of the
			 Family Court Act.