235B.19 - EMERGENCY ORDER FOR PROTECTIVE SERVICES.
235B.19 EMERGENCY ORDER FOR PROTECTIVE SERVICES.
1. If the department determines that a dependent adult is
suffering from dependent adult abuse which presents an immediate
danger to the health or safety of the dependent adult or which
results in irreparable harm to the physical or financial resources or
property of the dependent adult, and that the dependent adult lacks
capacity to consent to receive protective services and that no
consent can be obtained, the department may petition the court with
probate jurisdiction in the county in which the dependent adult
resides for an emergency order authorizing protective services.
2. The petition shall be verified and shall include all of the
following:
a. The name, date of birth, and address of the dependent
adult who needs protective services.
b. The nature of the dependent adult abuse.
c. The services required.
3. Upon finding that there is probable cause to believe that the
dependent adult abuse presents an immediate threat to the health or
safety of the dependent adult or which results in irreparable harm to
the physical or financial resources or property of the dependent
adult, and that the dependent adult lacks capacity to consent to the
receipt of services, the court may do any of the following:
a. Order removal of the dependent adult to safer
surroundings.
b. Order the provision of medical services.
c. Order the provision of other available services necessary
to remove conditions creating the danger to health or safety,
including the services of peace officers or emergency services
personnel and the suspension of the powers granted to a guardian or
conservator and the subsequent appointment of a new temporary
guardian or new temporary conservator pursuant to subsection 4
pending a decision by the court on whether the powers of the initial
guardian or conservator should be reinstated or whether the initial
guardian or conservator should be removed.
4. a. Notwithstanding sections 633.552 and 633.573, upon a
finding that there is probable cause to believe that the dependent
adult abuse presents an immediate danger to the health or safety of
the dependent adult or is producing irreparable harm to the physical
or financial resources or property of the dependent adult, and that
the dependent adult lacks capacity to consent to the receipt of
services, the court may order the appointment of a temporary guardian
or temporary conservator without notice to the dependent adult or the
dependent adult's attorney if all of the following conditions are
met:
(1) It clearly appears from specific facts shown by affidavit or
by the verified petition that a dependent adult's decision-making
capacity is so impaired that the dependent adult is unable to care
for the dependent adult's personal safety or to attend to or provide
for the dependent adult's basic necessities or that immediate and
irreparable injury, loss, or damage will result to the physical or
financial resources or property of the dependent adult before the
dependent adult or the dependent adult's attorney can be heard in
opposition.
(2) The department certifies to the court in writing any efforts
the department has made to give the notice or the reasons supporting
the claim that notice should not be required.
(3) The department files with the court a request for a hearing
on the petition for the appointment of a temporary guardian or
temporary conservator.
(4) The department certifies that the notice of the petition,
order, and all filed reports and affidavits will be sent to the
dependent adult by personal service within the time period the court
directs but not more than seventy-two hours after entry of the order
of appointment.
b. An order of appointment of a temporary guardian or
temporary conservator entered by the court under paragraph "a"
shall expire as prescribed by the court but within a period of not
more than thirty days unless extended by the court for good cause.
c. A hearing on the petition for the appointment of a
temporary guardian or temporary conservator shall be held within the
time specified in paragraph "b". If the department does not
proceed with a hearing on the petition, the court, on the motion of
any party or on its own motion, may dismiss the petition.
5. The emergency order expires at the end of seventy-two hours
from the time of the order unless the seventy-two-hour period ends on
a Saturday, Sunday, or legal holiday in which event the order is
automatically extended to four p.m. on the first succeeding business
day. An order may be renewed for not more than fourteen additional
days. A renewal order that ends on a Saturday, Sunday, or legal
holiday is automatically extended to four p.m. on the first
succeeding business day. The court may modify or terminate the
emergency order on the petition of the department, the dependent
adult, or any person interested in the dependent adult's welfare.
6. If the department cannot obtain an emergency order under this
section due to inaccessibility of the court, the department may
contact law enforcement to remove the dependent adult to safer
surroundings, authorize the provision of medical treatment, and order
the provision of or provide other available services necessary to
remove conditions creating the immediate danger to the health or
safety of the dependent adult or which are producing irreparable harm
to the physical or financial resources or property of the dependent
adult. The department shall obtain an emergency order under this
section not later than four p.m. on the first succeeding business day
after the date on which protective or other services are provided.
If the department does not obtain an emergency order within the
prescribed time period, the department shall cease providing
protective services and, if necessary, make arrangements for the
immediate return of the person to the place from which the person was
removed, to the person's place of residence in the state, or to
another suitable place. A person, agency, or institution acting in
good faith in removing a dependent adult or in providing services
under this subsection, and an employer of or person under the
direction of such a person, agency, or institution, shall have
immunity from any liability, civil or criminal, that might otherwise
be incurred or imposed as the result of the removal or provision of
services.
7. Upon a finding of probable cause to believe that dependent
adult abuse has occurred and is either ongoing or is likely to
reoccur, the court may also enter orders as may be appropriate to
third persons enjoining them from specific conduct. The orders may
include temporary restraining orders which impose criminal sanctions
if violated. The court may enjoin third persons from any of the
following:
a. Removing the dependent adult from the care or custody of
another.
b. Committing dependent adult abuse on the dependent adult.
c. Living at the dependent adult's residence.
d. Contacting the dependent adult in person or by telephone.
e. Selling, removing, or otherwise disposing of the dependent
adult's personal property.
f. Withdrawing funds from any bank, savings and loan
association, credit union, or other financial institution, or from a
stock account in which the dependent adult has an interest.
g. Negotiating any instruments payable to the dependent
adult.
h. Selling, mortgaging, or otherwise encumbering any interest
that the dependent adult has in real property.
i. Exercising any powers on behalf of the dependent adult
through representatives of the department, any court-appointed
guardian or guardian ad litem, or any official acting on the
dependent adult's behalf.
j. Engaging in any other specified act which, based upon the
facts alleged, would constitute harm or a threat of imminent harm to
the dependent adult or would cause damage to or the loss of the
dependent adult's property.
8. This section shall not be construed and is not intended as and
shall not imply a grant of entitlement for services to persons who
are not otherwise eligible for the services or for utilization of
services which do not currently exist or are not otherwise available.
Section History: Recent Form
96 Acts, ch 1130, §9; 2005 Acts, ch 50, §2--5; 2006 Acts, ch 1080,
§1; 2008 Acts, ch 1187, § 117, 118
Referred to in § 235B.16A, 235E.4, 633.573