1. Definitions. When used in this section unless otherwise expressly stated or unless the context or subject matter requires a different interpretation:

1. (a) "endangered adult" means a person, age eighteen or over who is:

   1. (i) in a situation or condition which poses an imminent risk of death or imminent risk of serious physical harm to him or her, and
   2. (ii) lacking capacity to comprehend the nature and consequences of remaining in that situation or condition, provided that: a. refusal by the adult to accept protective services shall not in itself be sufficient evidence of such lack of capacity; and b. mental illness shall not in itself be sufficient evidence of such lack of capacity.
2. (b) "short-term involuntary protective services" means those services set forth in section four hundred seventy-three of this article which are provided involuntarily pursuant to the procedures established by this title.
3. (c) "petitioner" means a social services official initiating a proceeding pursuant to this title.
4. (d) "respondent" means an allegedly endangered adult.

3. Venue. A petition for the provision of short-term involuntary protective services shall be made to:

1. (a) a term of the supreme court:

   1. (i) held in the county in which the allegedly endangered adult resides or is found; or
   2. (ii) held in a county, within the same judicial district, adjacent to the county in which the allegedly endangered adult resides or is found; or

2. (b) the county court:

   1. (i) in the county in which the allegedly endangered adult resides or is found; or
   2. (ii) in a county adjacent to the county in which the allegedly endangered adult resides or is found.

(b) The petition shall state, insofar as the facts can be ascertained with reasonable diligence:

1. (i) the name, age and physical description of the allegedly endangered adult; and
2. (ii) the address or other location where the allegedly endangered adult can be found.

(c) The petition shall state facts showing:

1. (i) that the adult who is the subject of this petition is an endangered adult as defined in paragraph (a) of subdivision one of this section;
2. (ii) the specific short-term involuntary protective services petitioned for, how such services would remedy the situation or condition which poses an imminent risk of death or imminent risk of serious physical harm to the allegedly endangered adult, and why such services are not overbroad as to extent or duration;
3. (iii) that the short-term involuntary protective services being applied for are necessitated by the situation or condition described in paragraph (a) of subdivision one of this section;
4. (iv) that other voluntary protective services have been tried and have failed to remedy the situation, and that a future, voluntary, less restrictive alternative would not be appropriate or would not be available;
5. (v) if a change in the allegedly endangered adult's physical location is being applied for, that remedy of the dangerous situation or condition described in paragraph (a) of subdivision one of this section is not appropriate in existing physical surroundings of the allegedly endangered adult;
6. (vi) any inconsistency known to petitioner between the proposed short-term involuntary protective services and the allegedly endangered adult's religious belief;
7. (vii) that if it reasonably appears that the allegedly endangered adult does not understand the English language, that reasonable efforts have been made to communicate with the allegedly endangered adult in a language he or she understands;
8. (viii) that no prior application has been made for the relief requested or for any similar relief, or if prior application has been made, the determination thereof, and the new facts, if any, that were not previously shown which warrant a renewal of the application.

(b) The order to show cause shall set forth:

1. (i) in bold type, on its face, the following: WARNING IF YOU DO NOT APPEAR IN COURT YOUR LIFE AND LIBERTY MAY BE SERIOUSLY AFFECTED. FOR FREE INFORMATION CONCERNING YOUR LEGAL RIGHTS CALL OR VISIT
2. (ii) the protective services to be provided if the petition is granted;
3. (iii) the date, place and time of the hearing to determine whether the petition is to be granted;
4. (iv) that the respondent is entitled to counsel at all stages of the proceeding, that upon granting the order to show cause, the court shall assign counsel to assist the respondent, and that respondent is free at any time to discharge the counsel assigned by the court. The name, address and telephone number of the assigned counsel shall be inserted at the end of the warning referred to in subparagraph (i) of this paragraph;
5. (v) that if the respondent or retained counsel does not appear at the hearing to determine whether the petition is to be granted, the court will appoint a guardian ad litem;
6. (vi) that if the respondent discharges the assigned counsel prior to the hearing to determine if the petition is to be granted, such counsel shall report this fact to the court no later than the commencement of the hearing, and shall appear at the hearing, unless otherwise relieved by the court. In the event that neither the respondent nor his retained counsel appears at the hearing, the court may appoint the person previously assigned as counsel to act as the guardian ad litem; and
7. (vii) that a copy of the order to show cause, the petition, and supporting affidavits, if any, shall be served upon the respondent.

(b) A judgment authorizing short-term involuntary protective services to be provided to an endangered adult:

1. (i) shall prescribe those specific protective services, authorized by section four hundred seventy-three of this article, which are to be provided and what person or persons are authorized or ordered to provide them; and
2. (ii) shall not provide for any forcible entry unless the persons so entering are accompanied by a peace officer, acting pursuant to his special duties, or a police officer, who is a member of an authorized police department or force or of a sheriff's department;
3. (iii) shall require persons acting under subparagraphs (i) and (ii) of this paragraph to submit a written report to the court within one week following the commencement of the ordered protective services.