209.130 Ex parte order of court -- Implementation.
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<![CDATA[209.130 Ex parte order of court -- Implementation. (1) When from an affidavit or sworn testimony of an authorized representative of the cabinet, it appears probable that an adult will suffer immediate and irreparable <br>physical injury or death if protective services are not immediately provided, and it <br>appears that the adult is incapable of giving consent, the court may assume <br>jurisdiction and issue an ex parte order providing that certain specific protective <br>services be provided the adult. The court shall not authorize such protective services <br>except those specifically designed to remove the adult from conditions of <br>immediate and irreparable physical injury or death. A copy of the order shall be <br>served upon the adult and his guardian, or if none, his caretaker. Service shall not be <br>made upon the person or caretaker who is believed to have perpetrated the abuse, <br>neglect, or exploitation. (2) To implement an ex parte order, the court may authorize forcible entry of the premises of the adult for the purpose of rendering protective services or transporting <br>the adult to another location for the provision of such services. Authorized forcible <br>entry shall be accomplished by a peace officer accompanied by a representative of <br>the cabinet. (3) Upon the issuance of an ex parte order, the cabinet must file a petition as soon as possible. A hearing must be held within seventy-two (72) hours, exclusive of <br>Saturdays and Sundays, from the issuance of an ex parte order. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 132, sec. 6, effective June 20, 2005. -- Amended 1982 Ky. Acts ch. 141, sec. 68, effective July 1, 1982. -- Created 1980 Ky. Acts <br>ch. 372, sec. 8, effective July 15, 1980. Legislative Research Commission Note (11/9/93). Prior references to the "department" in this statute were changed to "cabinet" pursuant to 1982 Ky. Acts ch. 393, sec. <br>50(5), and KRS 7.136(2). ]]>