43-47-11 - Protective services plans; interference by caretaker; effect of lack of consent by vulnerable adult.
§ 43-47-11. Protective services plans; interference by caretaker; effect of lack of consent by vulnerable adult.
(1) If, pursuant to an investigation instituted pursuant to Section 43-47-7, the department determines that a vulnerable adult is in need of protective services, it shall prepare a plan of services, reviewing that plan with the vulnerable adult and obtaining his consent in writing.
(2) When a caretaker of a vulnerable adult who consents to the receipt of protective services refuses to allow the provision of such services to the vulnerable adult, the department may petition the court for an order for injunctive relief enjoining the caretaker from interfering with the provision of protective services to the vulnerable adult.
(3) If a vulnerable adult does not consent to the receipt of protective services, or if he withdraws his consent, the services shall not be provided, except as indicated in Section 43-47-13.
Sources: Laws, 1986, ch. 468, § 6; reenacted, Laws, 1989, ch. 381, § 6; Laws, 1990, ch. 493, § 5, eff from and after Oct 1, 1990.