26B-6-207. Peace officer's authority to transport -- Notification.
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Effective 5/3/2023
26B-6-207. Peace officer's authority to transport -- Notification.
(1)A peace officer may remove and transport, or cause to have transported, a vulnerable adult to an appropriate medical or shelter facility, if:
(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 Adult Protective 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