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

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 457.6

Current through Register Vol. 46, No. 39, September 25, 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.

(c) Other legal procedures. There are other procedures established in the Mental Hygiene Law and the Surrogate's Court Procedure Act to be utilized in non-crisis situations in order to provide long range planning or protection to certain PSA clients. These procedures require more time to implement than afforded in emergency or crisis situations. In appropriate situations the district must:

(1) initiate efforts to arrange for the appointment of a guardian in accordance with the provisions of article 81 of the Mental Hygiene Law;

(2) serve in the capacity of guardian in those situations in which a PSA client is in need of a guardian and no one else is willing and able to serve responsibly; or

(3) initiate efforts to arrange for the appointment of a guardian for the mentally retarded in accordance with article 17-A of the Surrogate's Court Procedure Act.

(d) Local social services districts must develop and implement procedures for the provision of services to involuntary clients. Such procedures must include provisions for:

(1) training PSA and legal staff in the appropriate utilization of the various interventions which may be employed on behalf of involuntary PSA clients, as described in this section and in paragraphs (2) and (3) of subdivision (c) of section 457.5 of this Part;

(2) continuing community education and networking activities in accordance with section 457.7 of this Part, including meetings with representative community agencies for the purpose of establishing specific agency roles and areas of responsibility in the provision of services to involuntary clients;

(3) obtaining mental health evaluations on behalf of PSA clients when involuntary interventions are being considered;

(4) assuring the availability of the agency's legal staff for timely consultation with PSA staff when requested and the timely implementation of legal interventions on behalf of involuntary clients in appropriate situations; and

(5) assuring that any significant disagreements between PSA and legal staff regarding the need for legal intervention on behalf of an involuntary PSA client are promptly referred to the local social services commissioner or his or her designee for resolution.

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