62A-3-308. Peace officer’s authority to transport — Notification.
- (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.
- (a) the officer has probable cause to believe that:
- (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.
Amended by Chapter 91, 2008 General Session