Provision of protective services for at-risk adults - consent - nonconsent - least restrictive intervention.

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(1) If a county director or his or her designee determines that an at-risk adult is being mistreated or self-neglected, or is at risk thereof, and the at-risk adult consents to protective services, the county director or designee shall immediately provide or arrange for the provision of protective services, which services shall be provided in accordance with the provisions of 28 CFR part 35, subpart B.

  1. If a county director or his or her designee determines that an at-risk adult is being orhas been mistreated or self-neglected, or is at risk thereof, and if the at-risk adult appears to lack capacity to make decisions and does not consent to the receipt of protective services, the county director is urged, if no other appropriate person is able or willing, to petition the court, pursuant to part 3 of article 14 of title 15, C.R.S., for an order authorizing the provision of specific protective services and for the appointment of a guardian, for an order authorizing the appointment of a conservator pursuant to part 4 of article 14 of title 15, C.R.S., or for a court order providing for any combination of these actions.

  2. Any protective services provided pursuant to this section shall include only thoseservices constituting the least restrictive intervention.

Source: L. 91: Entire article R&RE, p. 1777, § 1, effective July 1. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 997, § 1, effective May 29. L. 2016: (1) and (2) amended, (HB 16-1394), ch. 172, p. 561, § 12, effective July 1.

Editor's note: This section is similar to former §§ 26-3.1-102 and 26-3.1-103 as they existed prior to 1991.


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