26B-6-217.  Emergency protective services — Forcible entry.

(1)  Adult Protective Services shall, immediately upon court order, provide emergency protective services to a court-designated vulnerable adult.

Terms Used In Utah Code 26B-6-217

  • Adult: means an individual who is 18 years old or older. 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
  • Emergency protective services: means measures taken by Adult Protective Services under time-limited, court-ordered authority for the purpose of remediating an emergency. See Utah Code 26B-6-201
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • 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
(2)  A court may, without notice, order emergency protective services immediately upon receipt of a petition for emergency protective services when a court finds that:

(a)  the subject of the petition is a vulnerable adult;

(b) 

(i)  the vulnerable adult does not have a court-appointed guardian or conservator; or

(ii)  the guardian or conservator is not effectively performing the guardian’s or conservator’s duties;

(c)  an emergency exists; and

(d)  the welfare, safety, or best interests of the vulnerable adult requires emergency protective services.

(3)  An emergency protective services order shall specifically designate the services that are approved and the facts that support the provision of those services.

(4)  Services authorized in an emergency protective services order may include hospitalization, nursing, custodial care, or a change in residence.

(5)  An emergency protective services order expires five business days after the day on which the court issues the order unless an appropriate party petitions for temporary guardianship pursuant to Section 75-5-310 or the division files a new petition for an emergency services order.

(6)  If a petition for guardianship or an additional emergency protective services petition is filed within five business days after the day on which the court issues the original emergency protective services order, a court may extend the duration of the original order an additional 15 business days after the day on which the subsequent petition is filed to allow for a court hearing on the petition.

(7)  To implement an emergency protective services order, a court may authorize forcible entry by a peace officer into the premises where the vulnerable adult may be found.

Renumbered and Amended by Chapter 308, 2023 General Session

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