43-47-15 - Provision of services to alleviate an imminent danger; entry upon premises pursuant to court order; immunity from liability of petitioner acting in good faith.
§ 43-47-15. Provision of services to alleviate an imminent danger; entry upon premises pursuant to court order; immunity from liability of petitioner acting in good faith.
(1) The department shall have the authority to provide immediate medical care, food, clothing, heat, shelter, supervision or other essential services in the absence of consent if it is determined that:
(a) The vulnerable adult is in imminent danger of death or irreparable harm;
(b) Provision of emergency and/or protective services will alleviate the endangerment; and
(c) No other statutory or otherwise appropriate remedy is immediately available.
(2) Within forty-eight (48) hours, excluding Saturdays, Sundays and legal holidays, the department shall petition the court for an order for injunctive relief authorizing the provision of emergency services.
(3) Upon petition of the Commissioner of Public Welfare, the court may order the provision of emergency services to a vulnerable adult after finding that there is reasonable cause to believe that:
(a) The vulnerable adult lacks the capacity to consent and that he is in need of protective services;
(b) An emergency exists; and
(c) No other person authorized by law or order to give consent is available and willing to arrange for emergency services.
If there is reasonable cause to believe that the conditions listed above exist and no other custodian is available, then upon a written petition for emergency services filed by the department, the court may issue an order for injunctive relief for the department to provide emergency services to a vulnerable adult.
(4) The petition for emergency services shall set forth the name, address and authority of the petitioners; the name, age and residence of the vulnerable adult; the nature of the emergency; the proposed emergency services; the petitioner's reasonable belief as to the existence of the conditions set forth in subsection (1) of this section; and facts showing petitioner's attempts to obtain the vulnerable adult's consent to the services.
(5) If the provision of emergency and/or protective services alleviates the imminent danger of death or irreparable harm and the department has reasonable cause to believe that the vulnerable adult remains in need of protective services, the department shall proceed according to Sections 43-47-11 and 43-47-13.
(6) Where it is necessary to enter a premises without the vulnerable adult's consent after obtaining a court order in compliance with subsection (3) of this section, the representative of the petitioner shall do so.
(7) No petitioner shall be held liable in any action brought by the vulnerable adult if the petitioner acted in good faith.
Sources: Laws, 1986, ch. 468, § 8; reenacted, Laws, 1989, ch. 381, § 8, eff from and after September 29, 1989.