Department for Community Based Services

Standards of Practice Online Manual

20.3 Failure to Gain Entry

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 20-APS Investigations and Assessment
Effective:
12/3/2010
Section:
20.3 Failure to Gain Entry
Version:
1

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Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The SSW: 

  1. Informs the FSOS or designee if an adult, caretaker or facility staff member does not allow the SSW to enter the premises to conduct the investigation;
  2. Is permitted to seek a search warrant or pursue other legal remedies if allegations indicate the need with the approval of the SRA or designee;
  3. Consults with the Office of Legal Services prior to seeking a search warrant if possible. 1 

If the adult resides in a private residence, the SSW:

  1. Notifies the adult, the adult's guardian or the caretaker of the department's statutory responsibility to investigate and offer to provide a copy of the statute;
  2. Seeks the assistance of law enforcement to gain entry if notification fails; and
  3. Notifies the FSOS or designee to determine if probable cause exists to pursue a search warrant or other legal remedies if entry is denied.

If the adult resides in a licensed health care facility, the SSW:

  1. Notifies the facility representative or operator of the department's statutory responsibility to investigate and offers to provide a copy of the statute;
  2. Seeks assistance of law enforcement if notification fails; and
  3. Notifies the FSOS or designee to determine if probable cause exists to pursue a search warrant or other legal remedies if entry is denied.
 

Footnotes

  1. If issued, a search warrant is served by a law enforcement officer.

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