§ 9-20-116 - Probable cause hearing.
9-20-116. Probable cause hearing.
(a) (1) Following issuance of an emergency order, the probate division of circuit court shall hold a hearing within five (5) business days to determine whether probable cause to issue the emergency order continues to exist.
(2) The court may hold a probable cause hearing anywhere in the judicial district.
(b) (1) At the probable cause hearing, the court shall make the following inquiries of the maltreated adult or other witnesses:
(A) Whether the maltreated adult has the financial ability to retain counsel; and
(B) If the maltreated adult does not have the financial ability to retain counsel, whether the maltreated adult is indigent.
(2) The court shall:
(A) Inform the maltreated adult of the right to effective assistance of counsel; and
(B) If the maltreated adult is indigent, appoint counsel for the maltreated adult.
(c) The hearing shall be limited to the purpose of determining whether probable cause:
(1) Existed to protect the maltreated adult; and
(2) Still exists to protect the maltreated adult.
(d) The court may enter orders:
(1) Regarding protection of assets of the maltreated adult; or
(2) Ordering or authorizing the Department of Human Services to obtain treatment, evaluations, or services for the maltreated adult.
(e) The probable cause hearing shall be a miscellaneous hearing.
(f) (1) Upon a finding of probable cause, the court may order temporary custody for up to thirty (30) days pending the hearing for long-term custody.
(2) However, the court may extend the time under subdivision (f)(1) of this section upon a finding that extenuating circumstances exist.