La. Admin. Code tit. 48, § I-17113 - Legal Interventions

A. The Adult Protective Services Agency may petition any court of competent jurisdiction for the following types of orders. Except in the case of emergency orders, the DHH Bureau of Legal Services shall be consulted for assistance in preparing petitions:

1. order to be granted access [R. S. 15:1507(C)];

2. order of protective services [R. S. 15:1507(F) and 15:508];

a. to provide mandatory counseling;

b. enjoin the accused to prevent continued abuse, neglect, exploitation or extortion;

c. require an medical or psychiatric/psychological of the client to determine least restrictive setting;

d. enjoin any party from interfering with the provision of protective services;

e. provide protective services, if the adult lacks capacity to consent and no other authorized person is available or willing.

3. Ex parte order for emergency protective services may be filed to prevent immediate harm, and may be requested orally or telephonically when there is not time to file in writing. Oral orders are to be followed with written petitions by close of business of the following day.

Notes

La. Admin. Code tit. 48, § I-17113

Promulgated by the Department of health and Hospitals, Office of the Secretary, Bureau of Protective Services LR 20:437 (April 1994), amended LR 27:314 (March 2001), amended by the Office of Aging and Adult Services, Division of Adult Protective Services, LR 36:763 (April 2010).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254, R.S. 14:403.2 and R.S. 15:1501-15:1511.