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209.120 Findings by court -- Limitations of court's power -- Termination of
order.
(1)
(2)
(3)
(4)
Upon petition by the cabinet a court may issue an order authorizing the
provision of emergency protective services to an adult after a hearing and upon
a finding based on a preponderance of the evidence that:
(a) The adult is in a state of abuse, neglect, or exploitation and is living in
conditions which present a substantial risk of death or immediate and
serious physical harm to himself or others;
(b) The adult is in need of protective services;
(c) The adult lacks the capacity to consent to such services; and
(d) No person authorized by law or court order to give consent for the adult is
available to consent to protective services or such person refuses to give
consent.
In issuing an emergency order the court shall adhere to the following
limitations:
(a) Only such protective services, including medical and surgical care and
protective placement, as are necessary to remove the conditions creating
the emergency shall be covered, and the court shall specifically designate
the approved services in its order. Such designation of approved services
shall be deemed to be the consent of the court authorizing the provision
of such services.
(b) Protective services authorized by the court shall not include
hospitalization or protective placement unless the court specifically finds
such action is necessary and gives specific approval for such action in its
order.
(c) The issuance of an emergency order shall not deprive the adult of any
rights except to the extent validly provided for in the order.
(d) To implement an order, the court may authorize forcible entry of the
premises of the adult for the purpose of rendering protective services or
transporting the adult to another location for the provision of such
services. Authorized forcible entry shall be accomplished by a peace
officer accompanied by a representative of the cabinet.
If the court finds, pursuant to a hearing, that the adult is in need of protective
services, and should that adult have a guardian who has been derelict in
providing for the welfare of the adult, the court shall have the discretion to
remove the guardian and appoint another guardian, if an individual is available,
willing, and able to function as guardian; such removal and appointment shall
be in compliance with the provisions of KRS Chapter 387. It is not necessary
for the court to find a guardian has been derelict as a requirement for the
issuance of an order for protective services.
If the court finds that protective services are no longer needed by the adult, the
court shall order the emergency protective services to terminate.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 370, sec. 4, effective July 15, 1998. -Amended 1982 Ky. Acts ch. 141, sec. 67, effective July 1, 1982. -- Created 1980
Ky. Acts ch. 372, sec. 7, effective July 15, 1980.
Legislative Research Commission Note (11/9/93). Prior references to the
"department" in this statute were changed to "cabinet" pursuant to 1982 Ky. Acts
ch. 393, sec. 50(5), and KRS 7.136(2).
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