Effective 5/9/2017 62A-3-302. Purpose of Adult Protective Services Program. Subject to the rules made by the division under Section 62A-3-106.5, Adult Protective Services: (1) shall investigate or cause to be investigated reports of alleged abuse, neglect, or exploitation of vulnerable adults; (2) shall, where appropriate, provide short-term, limited protective services with the permission of the […]
Effective 5/9/2017 62A-3-303. Powers and duties of Adult Protective Services. In addition to all other powers and duties that Adult Protective Services is given under this part, Adult Protective Services: (1) shall maintain an intake system for receiving and screening reports; (2) shall investigate referrals that meet the intake criteria; (3) shall conduct assessments of […]
62A-3-304. Cooperation by caretaker. A caretaker, facility, or other institution shall, regardless of the confidentiality standards of the caretaker, facility, or institution: (1) report abuse, neglect, or exploitation of a vulnerable adult in accordance with this chapter; (2) cooperate with any Adult Protective Services investigation; (3) provide Adult Protective Services with access to records or […]
Effective 9/1/2022 62A-3-305. Reporting requirements — Investigation — Exceptions — Immunity — Penalties — Nonmedical healing. (1) Except as provided in Subsection (4), if an individual has reason to believe that a vulnerable adult is, or has been, the subject of abuse, neglect, or exploitation, the individual shall immediately report the suspected abuse, neglect, or […]
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 […]
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) […]
62A-3-309. Enforcement by division — Duty of county or district attorney. (1) It is the duty of the county or district attorney, as appropriate under Sections 17-18a-202 and 17-18a-203, to: (a) assist and represent the division; (b) initiate legal proceedings to protect vulnerable adults; and (c) take appropriate action to prosecute the alleged offenders. (2) […]
62A-3-311. Requests for records. (1) Requests for records maintained by Adult Protective Services shall be made in writing to Adult Protective Services. (2) Classification and disclosure of records shall be made in accordance with Title 63G, Chapter 2, Government Records Access and Management Act. Amended by Chapter 91, 2008 General SessionAmended by Chapter 382, 2008 […]
Effective 5/4/2022 62A-3-311.1. Statewide database — Restricted use and access. (1) The division shall maintain a database for reports of vulnerable adult abuse, neglect, or exploitation made pursuant to this part. (2) The database shall include: (a) the names and identifying data of the alleged abused, neglected, or exploited vulnerable adult and the alleged perpetrator; […]
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 […]
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 […]
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 […]
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 […]
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 […]
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
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 […]
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 […]
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 […]
