§ 35-20-106 — Petition by department when caregiver refuses to allow services; injunction

(a) When a vulnerable adult needs protective services and
the caregiver refuses to allow the provision of those services,
the department, through the attorney general or the district
attorney, may petition the court for an order enjoining the
caregiver from interfering with the provision of protective
services.
(b) The petition shall allege facts sufficient to show
that the vulnerable adult needs protective services, that he
consents or lacks the capacity to consent to receive the
services and that the caregiver refuses to allow the protective
services.
(c) If the court finds the allegations of the petition to
be true by a preponderance of the evidence, it may:
(i) Enjoin the caregiver from interfering with the
provision of protective services; and
(ii) Order the department to assist in facilitating
the coordination of community resources, including service
providers, churches and individuals or agencies to provide
protective services to the extent those protective services are
available.