Montana § 52-3-804 Duties Of Department

Montana Statutes

§ 52-3-804 — Duties Of Department

Montana·Title 52 FAMILY SERVICES·Ch. 3 ADULT SERVICES·Part 8 Montana Vulnerable AdultPrevention of Abuse Act

52-3-804 . Duties of department.

(1)The department shall investigate reports of abuse, sexual abuse, neglect, or exploitation received pursuant to 52-3-811 (1)(a).

(2)The department shall prepare an annual report of the information obtained pursuant to the reporting requirement of this part.

(3)The department shall, when appropriate, provide protective services under Title 52, chapter 3, part 2, for a vulnerable adult alleged to have been abused, sexually abused, neglected, or exploited.

(4)If a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited pursuant to this part or the vulnerable adult's caretaker refuses to allow a representative of the department entrance to the premises for the purpose of investigating a report made pursuant to 52-3-811 (1)(a), the

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52-3-804 . Duties of department. (1) The department shall investigate reports of abuse, sexual abuse, neglect, or exploitation received pursuant to 52-3-811 (1)(a).
(2) The department shall prepare an annual report of the information obtained pursuant to the reporting requirement of this part.
(3) The department shall, when appropriate, provide protective services under Title 52, chapter 3, part 2, for a vulnerable adult alleged to have been abused, sexually abused, neglected, or exploited.
(4) If a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited pursuant to this part or the vulnerable adult's caretaker refuses to allow a representative of the department entrance to the premises for the purpose of investigating a report made pursuant to 52-3-811 (1)(a), the district court in the county where the vulnerable adult is found may order a law enforcement officer or a department representative to enter the premises to conduct an investigation on finding that there is probable cause to believe that the vulnerable adult is abused, sexually abused, neglected, or exploited.
(5) If a representative of the department has reasonable grounds to believe that a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited is suffering from abuse, sexual abuse, neglect, or exploitation that presents a substantial risk of death or serious physical injury, the department may:
(a) provide voluntary protective services as provided in subsection (3); or
(b) if the department representative has reasonable grounds to believe that the vulnerable adult is an incapacitated person, provide emergency protective services as follows:
(i) arrange or facilitate an appropriate emergency protective service placement;
(ii) transport or arrange for the transport of the vulnerable adult to the appropriate placement;
(iii) not later than 2 judicial days following placement of the vulnerable adult, either:
(A) provide voluntary protective services as provided under subsection (3); or
(B) petition the district court to act as temporary guardian or appoint a temporary guardian as provided in 72-5-317 .

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Legislative History

En. Sec. 9, Ch. 623, L. 1983; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 4, Ch. 198, L. 1989; Sec. 53-5-504, MCA 1989; redes. 52-3-804 by Code Commissioner, 1991; amd. Sec. 2, Ch. 716, L. 1991; amd. Sec. 3, Ch. 167, L. 1993; amd. Sec. 4, Ch. 465, L. 1995; amd. Sec. 363, Ch. 546, L. 1995; amd. Sec. 3, Ch. 196, L. 1999; amd. Sec. 20, Ch. 12, L. 2023.