20.3 Failure to Gain Entry

Introduction

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Practice Guidance

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.
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Footnotes

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

Documents

Revisions