Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201
Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201
failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or
(B)
failure of a caretaker to provide protection from health and safety hazards or maltreatment;
(ii)
failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;
(iii)
a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;
(iv)
knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult;
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201
Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to:
(a)
provide personal protection;
(b)
provide necessities such as food, shelter, clothing, or mental or other health care;
(c)
obtain services necessary for health, safety, or welfare;
(d)
carry out the activities of daily living;
(e)
manage the adult's own financial resources; or
(f)
comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201
(a)
the officer has probable cause to believe that:
(i)
by reason of abuse, neglect, or exploitation there exist exigent circumstances; and
(ii)
the vulnerable adult will suffer serious physical injury or death if not immediately placed in a safe environment;
(b)
the vulnerable adult refuses to consent or lacks capacity to consent; and
(c)
there is not time to notify interested parties or to apply for a warrant or other court order.
(2)
A peace officer described in Subsection (1) shall, within four hours after a vulnerable adult is transported to an appropriate medical or shelter facility:
(a)
notify AdultProtective Services intake; and
(b)
request that Adult Protective Services or the division file a petition with the court for an emergency protective order.
Renumbered and Amended by Chapter 308, 2023 General Session
