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209.130 Ex parte order of court -- Implementation.
(1)
(2)
(3)
When from an affidavit or sworn testimony of an authorized representative of the
cabinet, it appears probable that an adult will suffer immediate and irreparable
physical injury or death if protective services are not immediately provided, and it
appears that the adult is incapable of giving consent, the court may assume
jurisdiction and issue an ex parte order providing that certain specific protective
services be provided the adult. The court shall not authorize such protective services
except those specifically designed to remove the adult from conditions of
immediate and irreparable physical injury or death. A copy of the order shall be
served upon the adult and his guardian, or if none, his caretaker. Service shall not be
made upon the person or caretaker who is believed to have perpetrated the abuse,
neglect, or exploitation.
To implement an ex parte 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.
Upon the issuance of an ex parte order, the cabinet must file a petition as soon as
possible. A hearing must be held within seventy-two (72) hours, exclusive of
Saturdays and Sundays, from the issuance of an ex parte order.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 132, sec. 6, effective June 20, 2005. -- Amended
1982 Ky. Acts ch. 141, sec. 68, effective July 1, 1982. -- Created 1980 Ky. Acts
ch. 372, sec. 8, 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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