§ 9-20-122. Evaluation of prospective guardians
(a) Regarding an individual listed in subsection (b) of this section, the Department of Human Services may: (1) Request a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulations for convictions regarding violations under this subchapter; (2) Perform a criminal records check with the Identification Bureau […]
§ 9-20-123. Rights of relatives
(a) (1) If a relative has reason to believe coupled with facts to substantiate his or her belief that the Department of Human Services is unreasonably interfering with or denying visitation between the relative and an endangered adult or an impaired adult as defined in § 9-20-103(6) and (10) respectively, the relative may file a […]
§ 9-20-124. Consideration of issues requiring court approval
(a) The Department of Human Services shall: (1) Request court approval in accordance with § 9-20-120(b) by filing a written motion requesting court approval by the court; (2) (A) Include an affidavit from the attending physician of the respondent when the request for court approval relates to a decision described in § 9-20-120(b)(1)-(3), (9), and […]
§ 9-20-112. Voluntary protective placement
(a) Any adult may request voluntary protective placement under this chapter. (b) No civil rights are relinquished as a result of voluntary protective placement. (c) Procedures for hearings under this chapter shall be followed with regard to voluntary protective placement.
§ 9-20-113. Evaluations
(a) The Department of Human Services may petition the circuit court for an order of temporary custody for the purpose of having an adult evaluated if during the course of an investigation under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., the department determines that: (1) Immediate removal is necessary […]
§ 9-20-114. Emergency custody
(a) The Department of Human Services or a law enforcement official may take a maltreated adult into emergency custody, or any person in charge of a hospital or similar institution or any physician treating any maltreated adult may keep the maltreated adult in custody, whether or not medical treatment is required, if the circumstances or […]
§ 9-20-115. Emergency orders
(a) (1) If there is probable cause to believe that immediate emergency custody is necessary to protect a maltreated adult, the probate division of circuit court shall issue an ex parte order for emergency custody to protect the maltreated adult. (2) If there is probable cause to believe that immediate emergency action is necessary to […]
§ 9-20-116. Probable cause hearing
(a) (1) Following issuance of an emergency order, the probate division of circuit court shall hold a hearing within five (5) business days to determine whether probable cause to issue the emergency order continues to exist. (2) The court may hold a probable cause hearing anywhere in the judicial district. (3) (A) An authorized employee […]
§ 9-20-117. Long-term custody and court-ordered protective services hearings
(a) (1) A hearing for long-term custody or court-ordered protective services shall be held no later than thirty (30) days after the date of the probable cause hearing or the date the order for emergency custody was signed. (2) However, the probate division of circuit court may extend the time during which the hearing must […]
§ 9-20-102. Purpose
The purposes of this chapter are to: (1) Protect a maltreated adult or long-term care facility resident who is in imminent danger; and (2) Encourage the cooperation of state agencies and private providers in the service delivery system for maltreated adults.