Emergency protective services -- Forcible entry.

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  • (1) Adult Protective Services shall, immediately upon court order, provide emergency protective services to a court-designated vulnerable adult.
  • (2) A court may, without notice, order emergency protective services immediately upon receipt of a petition for emergency protective services when a court finds that:
    • (a) the subject of the petition is a vulnerable adult;
    • (b)
      • (i) the vulnerable adult does not have a court-appointed guardian or conservator; or
      • (ii) the guardian or conservator is not effectively performing the guardian's or conservator's duties;
    • (c) an emergency exists; and
    • (d) the welfare, safety, or best interests of the vulnerable adult requires emergency protective services.
  • (3) An emergency protective services order shall specifically designate the services that are approved and the facts that support the provision of those services.
  • (4) Services authorized in an emergency protective services order may include hospitalization, nursing, custodial care, or a change in residence.
  • (5) An emergency protective services order expires five business days after the day on which the court issues the order unless an appropriate party petitions for temporary guardianship pursuant to Section 75-5-310 or the division files a new petition for an emergency services order.
  • (6) If a petition for guardianship or an additional emergency protective services petition is filed within five business days after the day on which the court issues the original emergency protective services order, a court may extend the duration of the original order an additional 15 business days after the day on which the subsequent petition is filed to allow for a court hearing on the petition.
  • (7) To implement an emergency protective services order, a court may authorize forcible entry by a peace officer into the premises where the vulnerable adult may be found.




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