Section 316 – Costs incurred in providing of protective services.
62A-3-316. Costs incurred in providing of protective services. Costs incurred in providing protective services are the responsibility of the vulnerable adult when: (1) the vulnerable adult is financially able to pay for those services, according to rates established by the division, and that payment is provided for as part of the written agreement for services […]
Section 317 – Venue for protective services proceedings.
Effective 5/9/2017 62A-3-317. Venue for protective services proceedings. Venue for all proceedings related to protective services and emergency protective services under this chapter is in the county where the vulnerable adult resides or is present. Amended by Chapter 176, 2017 General Session
Section 320 – Emergency protective services — Forcible entry.
Effective 5/9/2017 62A-3-320. Emergency protective services — Forcible entry. (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 […]
Section 321 – Petition for injunctive relief when caretaker refuses to allow protective services.
Effective 5/9/2017 62A-3-321. Petition for injunctive relief when caretaker refuses to allow protective services. (1) When a vulnerable adult is in need of protective services and the caretaker refuses to allow the provision of those services, the division may petition the court for injunctive relief prohibiting the caretaker from interfering with the provision of protective […]
Section 322 – Medical cannabis use by a vulnerable adult or guardian.
Effective 12/3/2018 62A-3-322. Medical cannabis use by a vulnerable adult or guardian. A peace officer or an employee or agent of the division may not solicit or provide, and a court may not order, emergency services for a vulnerable adult based solely on: (1) the vulnerable adult’s possession or use of cannabis in accordance with […]
Section 311.5 – Notice of supported finding — Procedure for challenging finding — Limitations.
62A-3-311.5. Notice of supported finding — Procedure for challenging finding — Limitations. (1) (a) Except as provided in Subsection (1)(b), within 15 days after the day on which the division makes a supported finding that a person committed abuse, neglect, or exploitation of a vulnerable adult, the division shall serve the person with a notice […]
Section 312 – Access to information in database.
Effective 5/4/2022 62A-3-312. Access to information in database. The database and the adult protection case file: (1) shall be made available to law enforcement agencies, the attorney general’s office, city attorneys, the Division of Professional Licensing, and county or district attorney’s offices; (2) shall be released as required under Subsection 63G-2-202(4)(c); and (3) may be […]
Section 314 – Private right of action — Estate asset — Attorney fees.
62A-3-314. Private right of action — Estate asset — Attorney fees. (1) A vulnerable adult who suffers harm or financial loss as a result of exploitation has a private right of action against the perpetrator. (2) Upon the death of a vulnerable adult, any cause of action under this section shall constitute an asset of […]
Section 315 – Protective services voluntary unless court ordered.
Effective 5/9/2017 62A-3-315. Protective services voluntary unless court ordered. (1) Vulnerable adults who receive protective services under this part shall do so knowingly or voluntarily or upon district court order. (2) Protective services may be provided without a court order for a vulnerable adult who has the capacity to consent and who requests or knowingly […]
Section 307 – Photographing, video, and audio taping.
62A-3-307. Photographing, video, and audio taping. Law enforcement or Adult Protective Services investigators may collect evidence regarding alleged abuse, neglect, or exploitation of a vulnerable adult by taking, or causing to be taken, photographs, video tape recordings, or audio or video tape accounts of a vulnerable adult, if the vulnerable adult: (1) consents to the […]