§ 35-20-107 — Emergency services

Wyoming § 35-20-107

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 20: ADULT PROTECTIVE SERVICES

Text

(a) If an emergency exists and the department has
reasonable cause to believe that a vulnerable adult is suffering
from abuse, neglect, self neglect, exploitation, intimidation or
abandonment and lacks the capacity to consent to the provision
of protective services, the department, through the attorney
general or the district attorney, may petition the court for an
order for emergency protective services.
(b) The court shall give notice to the vulnerable adult
who is the subject of the petition at least twenty-four (24)
hours prior to the hearing. The court may dispense with notice
if it finds that immediate or reasonably foreseeable physical
harm to the vulnerable adult will result from the twenty-four
(24) hour delay and that reasonable attempts have been made to
give notice.
(c) The allegations of the petition shall be proved by a
preponderance of the evidence. If the court finds that the
vulnerable adult has been or is being abused, neglected,
exploited, intimidated or abandoned, or is committing self
neglect, that an emergency exists and that the vulnerable adult
lacks the capacity to consent to the provision of services, the
court may order the department to provide protective services on
an emergency basis. The court shall order only those services
necessary to remove the conditions creating the emergency and
shall specifically designate the authorized services. The order
for emergency protective services shall remain in effect for a
period not to exceed fourteen (14) days. The order may be
extended for up to an additional thirty (30) day period if the
court finds that the extension is necessary to remove the
emergency. The vulnerable adult, his agent, his court appointed
representative or the department, through the attorney general
or the district attorney, may petition the court to set aside or
modify the order at any time.
(d) The vulnerable adult may be placed by the court in a
hospital or other suitable facility which is appropriate under
the circumstances. The person, hospital or facility in whose
care the vulnerable adult is placed shall immediately notify the
person responsible for the care and custody of the vulnerable
adult, if known, of the placement. Notification shall not be
required if the alleged perpetrator is the person responsible
for the care and custody of the vulnerable adult unless the
court orders the notification.