35-20-106. Petition by department when caregiver refuses to allow services; injunction.
(a) When a vulnerable adult needs protective services and the caregiver refuses to allow the provision of those services, the department, through the attorney general or the district attorney, may petition the court for an order enjoining the caregiver from interfering with the provision of protective services.
(b) The petition shall allege facts sufficient to show that the vulnerable adult needs protective services, that he consents or lacks the capacity to consent to receive the services and that the caregiver refuses to allow the protective services.
(c) If the court finds the allegations of the petition to be true by a preponderance of the evidence, it may:
(i) Enjoin the caregiver from interfering with the provision of protective services; and
(ii) Order the department to assist in facilitating the coordination of community resources, including service providers, churches and individuals or agencies to provide protective services to the extent those protective services are available.