209.120 Findings by court -- Limitations of court's power -- Termination of order.

435 words·~2 min read·/ky/chapter-209/209-120

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)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.

(2)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.

(3)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.

(4)If the court finds that protective services are no longer needed by the adult, the court

shall order the emergency protective services to terminate.