§ 43A-10-111 — District court orders - Visitation.

A. 1. The district courts are vested with jurisdiction to issue orders and enforce orders restricting visitation, by the custodian or by any other person specified by the court, of a vulnerable adult who is receiving or has been determined to need protective services pursuant to the Protective Services for Vulnerable Adults Act. 2. Whenever it is consistent with the welfare and safety of a vulnerable adult, the court shall restrict the visitation of a custodian or other person specified by the court who is alleged or has been determined to have abused, neglected or exploited the vulnerable adult. 3. Notice as ordered by the court shall be given to the custodian or other person alleged or determined to have abused, neglected or exploited a vulnerable adult. B. If the Department of Human Services determines, as a result of its investigation or an investigation by the Office of Client Advocacy within the State Department of Health, that a vulnerable adult needs voluntary or involuntary protective services as a result of abuse, neglect or exploitation by the caretaker or by any other person, the Department of Human Services may petition the district court to restrict the visitation of such custodian or other person with the vulnerable adult. C. 1. Consistent with the welfare and safety of the vulnerable adult, the court may require supervised visitation, prohibit visitation or otherwise limit the visitation by the custodian or such other person with the vulnerable adult. 2. The basis for restricting visitation shall be stated in the record by the court. D. The owner, operator or any facility personnel of a nursing home, residential home, assisted living facility or other long-term care facility having reason to believe that visitation of a vulnerable adult should be restricted may notify the Office of the State Long-Term Care Ombudsman within the Office of the Attorney General or the appropriate state entity. Any other person having reason to believe that visitation of a vulnerable adult should be restricted may notify the appropriate state entity pursuant to the Protective Services for Vulnerable Adults Act.

Legislative History

Added by Laws 1998, c. 328, § 1, eff. Nov. 1, 1998. Amended by Laws 2025, c. 215, § 11, emerg. eff. May 13, 2025.