(a)If:
(1)an alleged endangered adult does not or is unable to consent
to the receipt of protective services arranged by the division or the
adult protective services unit or withdraws consent previously
given; and
(2)the endangered adult is involved in a life threatening
emergency;
the adult protective services unit, either directly or through the
prosecuting attorney's office of the county in which the alleged
endangered adult resides, may petition the superior or circuit court in
the county where the alleged endangered adult resides for an
emergency protective order.
(b)A petition for an emergency protective order must be under oath
or affirmation and must include the following:
(1)The name, age, and residence of the endangered adult who is
to receive emergency protective services.
Free access — add to your briefcase to read the full text and ask questions with AI
(a) If:
(1) an alleged endangered adult does not or is unable to consent
to the receipt of protective services arranged by the division or the
adult protective services unit or withdraws consent previously
given; and
(2) the endangered adult is involved in a life threatening
emergency;
the adult protective services unit, either directly or through the
prosecuting attorney's office of the county in which the alleged
endangered adult resides, may petition the superior or circuit court in
the county where the alleged endangered adult resides for an
emergency protective order.
(b) A petition for an emergency protective order must be under oath
or affirmation and must include the following:
(1) The name, age, and residence of the endangered adult who is
to receive emergency protective services.
(2) The nature of the problem and an allegation that a life
threatening emergency exists.
(3) Evidence that immediate and irreparable injury will result if
there is a delay in the provision of services.
(4) The name and address of the petitioner who is filing the
petition and the name and address of the person or organization
that may be required to complete the court ordered emergency
protective services.
(5) Certification that:
(A) notice has been given to the alleged endangered adult, the
alleged endangered adult's attorney, if any, or the alleged
endangered adult's next of kin, if any; and
(B) section 21.5 of this chapter regarding notice to the alleged
endangered adult's next of kin has been complied with.
If notice has not been given, a description of the attempts to give
notice shall be given.
(6) A description of the emergency protective services to be
provided.
(c) If, after the hearing of the petition, the court determines that the
endangered adult should be required to receive emergency protective
services, the court shall issue an emergency protective order if the court
finds the following:
(1) The individual is an endangered adult.
(2) A life threatening emergency exists.
(3) The endangered adult is in need of the proposed emergency
protective services.
The court may issue the order ex parte.
(d) An emergency protective order must stipulate the following:
(1) The objectives of the emergency protective order.
(2) The least restrictive emergency protective services necessary
to attain the objectives of the emergency protective order that the
endangered adult must receive.
(3) The duration during which the endangered adult must receive
the emergency protective services.
(4) That the emergency protective services unit or other person
designated by the court shall do the following:
(A) Provide or arrange for the provision of the emergency
protective services ordered by the court.
(B) Petition the court to modify or terminate the emergency
protective order if:
(i) the emergency protective services ordered by the court
have not been effective in attaining the objectives of the
emergency protective order;
(ii) the physical or mental health of the endangered adult is
no longer in danger and the termination of the emergency
protective order will not be likely to place the endangered
adult's physical or mental health in danger; or
(iii) the endangered adult has consented to receive the
emergency protective services ordered by the court.
(e) The court may issue an order to:
(1) enjoin a person from interfering with the delivery of services
ordered by an emergency protective order issued under this
section; or
(2) direct a person to take actions to implement the delivery of
services ordered by an emergency protective order issued under
this section.
(f) An emergency protective order issued under this section may not
remain in effect for longer than:
(1) ten (10) days; or
(2) thirty (30) days if the adult protective services unit shows the
court that an extraordinary need exists that requires the order to
remain in effect for not more than thirty (30) days.
(g) If at the expiration of an order the adult protective services unit
determines that the endangered adult is in need of further protective
services and that the endangered adult does not consent to the receipt
of the services, a petition may be filed under section 21 of this chapter.
[Pre-1992 Revision Citation: 4-28-5-11.5.]