Peace officer's authority to transport -- Notification.

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  • (1) A peace officer may remove and transport, or cause to have transported, a vulnerable adult to an appropriate medical or shelter facility, if:
    • (a) the officer has probable cause to believe that:
      • (i) by reason of abuse, neglect, or exploitation there exist exigent circumstances; and
      • (ii) the vulnerable adult will suffer serious physical injury or death if not immediately placed in a safe environment;
    • (b) the vulnerable adult refuses to consent or lacks capacity to consent; and
    • (c) there is not time to notify interested parties or to apply for a warrant or other court order.
  • (2) A peace officer described in Subsection (1) shall, within four hours after a vulnerable adult is transported to an appropriate medical or shelter facility:
    • (a) notify Adult Protective Services intake; and
    • (b) request that Adult Protective Services or the division file a petition with the court for an emergency protective order.




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