§ 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 protect an endangered or impaired adult from adult maltreatment, the probate division of circuit court may issue an ex parte less-than-custody order to protect the adult in lieu of an ex parte order for emergency custody. (b) The Department of Human Services shall obtain an emergency ex parte order of custody on a maltreated adult within seventy-two (72) hours of taking the maltreated adult into emergency custody unless the expiration of the seventy-two (72) hours falls on a weekend or holiday, in which case emergency custody may be extended through the next business day following the weekend or holiday. (c) The emergency order shall include notice to the maltreated adult and the person from whom physical custody of the respondent was removed of the right to a hearing and that a hearing will be held within five (5) business days of the issuance of the ex parte order.

Legislative History

Amended by Act 2013, No. 583,§ 2, eff. 8/16/2013 Acts 2005, No. 1811, § 1; 2011, No. 206, § 3