California Welfare and Institutions Code 15705.1 – If, as a result of the preliminary hearing, the court determines that …
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If, as a result of the preliminary hearing, the court determines that probable cause continues to exist for temporary emergency protective custody, the court may issue an order authorizing the provision of protective services on an emergency basis to an adult after finding on the record, based on clear and convincing evidence, that all of the following apply:
(a) The adult is an endangered adult.
Terms Used In California Welfare and Institutions Code 15705.1
- custody: means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case "custody" means the physical custody of the child by one of the persons sharing the right to custody. See California Welfare and Institutions Code 17.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(b) No other appropriate means are available to mitigate the situation that placed the endangered adult at risk of serious bodily harm or death.
(Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)