§ 473-a. Short-term involuntary protective services orders. 1.\nDefinitions. When used in this section unless otherwise expressly stated\nor unless the context or subject matter requires a different\ninterpretation:\n (a) "endangered adult" means a person, age eighteen or over who is:\n (i) in a situation or condition which poses an imminent risk of death\nor imminent risk of serious physical harm to him or her, and\n (ii) lacking capacity to comprehend the nature and consequences of\nremaining in that situation or condition, provided that:\n a. refusal by the adult to accept protective services shall not in\nitself be sufficient evidence of such lack of capacity; and\n b. mental illness shall not in itself be sufficient evidence of such\nlack of capacity.\n (b) "short-term involuntary protective services" means those services\nset forth in section four hundred seventy-three of this article which\nare provided involuntarily pursuant to the procedures established by\nthis title.\n (c) "petitioner" means a social services official initiating a\nproceeding pursuant to this title.\n (d) "respondent" means an allegedly endangered adult.\n 2. Jurisdiction. The supreme court and the county court shall each\nhave jurisdiction over the special proceeding commenced pursuant to the\nprovisions of this title.\n 3. Venue. A petition for the provision of short-term involuntary\nprotective services shall be made to:\n (a) a term of the supreme court:\n (i) held in the county in which the allegedly endangered adult resides\nor is found; or\n (ii) held in a county, within the same judicial district, adjacent to\nthe county in which the allegedly endangered adult resides or is found;\nor\n (b) the county court:\n (i) in the county in which the allegedly endangered adult resides or\nis found; or\n (ii) in a county adjacent to the county in which the allegedly\nendangered adult resides or is found.\n 4. Petition. (a) A special proceeding to obtain an order authorizing\nthe provision of short-term involuntary protective services may only be\ninitiated by a social services official.\n (b) The petition shall state, insofar as the facts can be ascertained\nwith reasonable diligence:\n (i) the name, age and physical description of the allegedly endangered\nadult; and\n (ii) the address or other location where the allegedly endangered\nadult can be found.\n (c) The petition shall state facts showing:\n (i) that the adult who is the subject of this petition is an\nendangered adult as defined in paragraph (a) of subdivision one of this\nsection;\n (ii) the specific short-term involuntary protective services\npetitioned for, how such services would remedy the situation or\ncondition which poses an imminent risk of death or imminent risk of\nserious physical harm to the allegedly endangered adult, and why such\nservices are not overbroad as to extent or duration;\n (iii) that the short-term involuntary protective services being\napplied for are necessitated by the situation or condition described in\nparagraph (a) of subdivision one of this section;\n (iv) that other voluntary protective services have been tried and have\nfailed to remedy the situation, and that a future, voluntary, less\nrestrictive alternative would not be appropriate or would not be\navailable;\n (v) if a change in the allegedly endangered adult's physical location\nis being applied for, that remedy of the dangerous situation or\ncondition described in paragraph (a) of subdivision one of this section\nis not appropriate in existing physical surroundings of the allegedly\nendangered adult;\n (vi) any inconsistency known to petitioner between the proposed\nshort-term involuntary protective services and the allegedly endangered\nadult's religious belief;\n (vii) that if it reasonably appears that the allegedly endangered\nadult does not understand the English language, that reasonable efforts\nhave been made to communicate with the allegedly endangered adult in
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