WELFARE AND INSTITUTIONS CODE
SECTION 15703-15705.40
15703. (a) When, from personal observation, an authorized state or
local law enforcement officer or designated employee of a county
department of social services or mental health determines that an
adult is an endangered adult, and no other option is available to
mitigate the circumstances of that adult, the person may take the
endangered adult into temporary emergency protective custody, and
initiate adult protective proceedings.
(b) When an authorized person takes an endangered adult into
temporary emergency protective custody and initiates adult protective
proceedings, the person shall cause the endangered adult to be
transported to a hospital as soon as possible if medical evaluation
and any necessary treatment is required.
(c) Upon taking an endangered adult into custody pursuant to this
chapter, the law enforcement agency taking the endangered adult into
custody shall notify:
(1) The superior court.
(2) The endangered person's next of kin, when appropriate.
(3) Adult protective services.
(d) This article shall not apply to state-licensed facilities.
15703.05. Whether or not medical treatment is required, a physician
treating an adult may, if he or she determines that the person is an
endangered adult, delay the release of the endangered adult until a
local law enforcement agency takes custody of the endangered adult,
it is determined by the responding agency the adult is not
endangered, or the responding agency takes other appropriate action
to ensure the safety of the endangered adult.
15703.1. (a) Temporary emergency protective custody under this
chapter shall not exceed a period commencing at the time the
endangered adult has been taken into protective custody to the first
court day commencing not more than 72 hours thereafter.
(b) Upon being taken into temporary emergency custody, the
endangered adult shall be transferred to an appropriate temporary
residence, pending the outcome of investigation and judicial hearing
required by this chapter.
15705. (a) A designated county agency shall initiate an
investigation and file a petition for issuance of an emergency
protective services order within 24 hours after the endangered adult
has been taken into temporary emergency protective custody.
(b) (1) The court shall hold a preliminary hearing no later than
the first court day commencing after a period of 48 hours after the
endangered adult has been taken into temporary emergency custody to
establish probable cause for grounds for protective custody.
(2) The court shall render its decision on the petition no later
than the first court day following a period of 72 hours after the
endangered adult has been taken into protective custody.
15705.05. If, as a result of the preliminary hearing, the court
determines that probable cause does not exist to continue temporary
emergency protective custody, the adult shall be released from
temporary protective custody.
15705.1. If, as a result of the preliminary hearing, the court
determines that probable cause continues to exist for temporary
emergency protective custody, the court may issue an order
authorizing the provision of protective services on an emergency
basis to an adult after finding on the record, based on clear and
convincing evidence, that all of the following apply:
(a) The adult is an endangered adult.
(b) No other appropriate means are available to mitigate the
situation that placed the endangered adult at risk of serious bodily
harm or death.
15705.15. In issuing an emergency order under this article, the
court shall adhere to all of the following limitations:
(a) Only those protective services that are necessary to remove
the conditions creating the emergency shall be ordered, and the court
shall specifically designate the approved services in the emergency
order.
(b) Protective services authorized by an emergency order shall not
include hospitalization or a change of residence unless the court
specifically finds that action is necessary and gives specific
approval for that action in its order.
(c) Protective services may be provided through an emergency order
for no more than 14 days, exclusive of Saturdays, Sundays, and legal
holidays pending a hearing for long-term custody.
(d) (1) In its emergency order under this article, the court shall
appoint the petitioner, next of kin, or other interested person, as
appropriate, as a temporary conservator of the endangered adult.
(2) The court's appointee shall be responsible for the care of the
endangered adult.
(3) The court's appointee may, until the expiration of the court's
order, give consent for the provision of protective services for the
endangered adult, in accordance with the emergency order.
(e) The issuance of an emergency order and the appointment of a
temporary conservator of the endangered adult shall not deprive that
endangered adult of any rights except to the extent provided in the
order of appointment.
15705.2. A petition for an emergency order under this article shall
set forth all of the following information:
(a) The name, address, and interest of the petitioner.
(b) The name, age, and address of the person in need of protective
service.
(c) The proposed protective services.
(d) The petitioner's reasonable belief, together with facts
supportive thereof, of the existence of those circumstances that
warrant the issuance of an emergency order.
(e) A statement of the petitioner's attempts to obtain the consent
of the person for whom the protective services are proposed, and the
outcome of those attempts.
15705.25. (a) Notice of the filing of a petition for an emergency
order shall be given, in language as understandable by the endangered
adult as reasonably possible, at least 24 hours prior to the hearing
on the petition for emergency intervention.
(b) The court may waive the 24-hour notice requirement on a
showing that immediate and reasonably foreseeable physical harm to
the person or other persons will result from the 24-hour delay, and
reasonable attempts have been made to give notice. Notice of the
final order of the court shall be given to each of the parties to the
petition hearing.
15705.30. The hearing on a petition for an emergency order under
this article shall be held under all of the following conditions:
(a) The person with respect to whom an emergency order is sought
shall be present unless that person knowingly and voluntarily waives
the right to be present or due to the person's physical or
psychological condition, he or she is unable to be present. Waiver or
inability to be present shall not be presumed from that
nonappearance of the endangered adult, but shall be determined on the
basis of factual information supplied to the court by counsel or a
representative appointed by the court.
(b) The endangered adult has the right to counsel, regardless of
whether he or she is present at the hearing. If the person is
indigent or lacks the capacity to waive counsel, the court shall
appoint counsel. The attorney shall advise the endangered adult of
his or her rights in relation to the proceeding and shall represent
him or her before the court.
(c) The endangered adult or his or her representative may present
evidence and cross-examine witnesses.
(d) The hearing shall be held no earlier than 24 hours after the
notice of the hearing has been given, unless the notice has been
waived by the court.
(e) The court shall issue, for the record, a statement of its
findings in support of any order for emergency protective services.
15705.35. Before any law enforcement agency may implement this
article, including the taking of any person into protective custody
pursuant to Section 15703, the law enforcement agency shall enter
into a signed agreement with the county adult protective services
agency that specifies the protocol that the county and the law
enforcement agency shall follow in implementing this article.
15705.37. This chapter shall be operative in a county only if the
county board of supervisors has adopted a resolution to make this
chapter operative in that county.
15705.40. This article shall not be used to circumvent the
involuntary commitment process provided for pursuant to Chapter 2
(commencing with Section 5150) of Part 1 of Division 5.
WELFARE AND INSTITUTIONS CODE
SECTION 15703-15705.40
15703. (a) When, from personal observation, an authorized state or
local law enforcement officer or designated employee of a county
department of social services or mental health determines that an
adult is an endangered adult, and no other option is available to
mitigate the circumstances of that adult, the person may take the
endangered adult into temporary emergency protective custody, and
initiate adult protective proceedings.
(b) When an authorized person takes an endangered adult into
temporary emergency protective custody and initiates adult protective
proceedings, the person shall cause the endangered adult to be
transported to a hospital as soon as possible if medical evaluation
and any necessary treatment is required.
(c) Upon taking an endangered adult into custody pursuant to this
chapter, the law enforcement agency taking the endangered adult into
custody shall notify:
(1) The superior court.
(2) The endangered person's next of kin, when appropriate.
(3) Adult protective services.
(d) This article shall not apply to state-licensed facilities.
15703.05. Whether or not medical treatment is required, a physician
treating an adult may, if he or she determines that the person is an
endangered adult, delay the release of the endangered adult until a
local law enforcement agency takes custody of the endangered adult,
it is determined by the responding agency the adult is not
endangered, or the responding agency takes other appropriate action
to ensure the safety of the endangered adult.
15703.1. (a) Temporary emergency protective custody under this
chapter shall not exceed a period commencing at the time the
endangered adult has been taken into protective custody to the first
court day commencing not more than 72 hours thereafter.
(b) Upon being taken into temporary emergency custody, the
endangered adult shall be transferred to an appropriate temporary
residence, pending the outcome of investigation and judicial hearing
required by this chapter.
15705. (a) A designated county agency shall initiate an
investigation and file a petition for issuance of an emergency
protective services order within 24 hours after the endangered adult
has been taken into temporary emergency protective custody.
(b) (1) The court shall hold a preliminary hearing no later than
the first court day commencing after a period of 48 hours after the
endangered adult has been taken into temporary emergency custody to
establish probable cause for grounds for protective custody.
(2) The court shall render its decision on the petition no later
than the first court day following a period of 72 hours after the
endangered adult has been taken into protective custody.
15705.05. If, as a result of the preliminary hearing, the court
determines that probable cause does not exist to continue temporary
emergency protective custody, the adult shall be released from
temporary protective custody.
15705.1. If, as a result of the preliminary hearing, the court
determines that probable cause continues to exist for temporary
emergency protective custody, the court may issue an order
authorizing the provision of protective services on an emergency
basis to an adult after finding on the record, based on clear and
convincing evidence, that all of the following apply:
(a) The adult is an endangered adult.
(b) No other appropriate means are available to mitigate the
situation that placed the endangered adult at risk of serious bodily
harm or death.
15705.15. In issuing an emergency order under this article, the
court shall adhere to all of the following limitations:
(a) Only those protective services that are necessary to remove
the conditions creating the emergency shall be ordered, and the court
shall specifically designate the approved services in the emergency
order.
(b) Protective services authorized by an emergency order shall not
include hospitalization or a change of residence unless the court
specifically finds that action is necessary and gives specific
approval for that action in its order.
(c) Protective services may be provided through an emergency order
for no more than 14 days, exclusive of Saturdays, Sundays, and legal
holidays pending a hearing for long-term custody.
(d) (1) In its emergency order under this article, the court shall
appoint the petitioner, next of kin, or other interested person, as
appropriate, as a temporary conservator of the endangered adult.
(2) The court's appointee shall be responsible for the care of the
endangered adult.
(3) The court's appointee may, until the expiration of the court's
order, give consent for the provision of protective services for the
endangered adult, in accordance with the emergency order.
(e) The issuance of an emergency order and the appointment of a
temporary conservator of the endangered adult shall not deprive that
endangered adult of any rights except to the extent provided in the
order of appointment.
15705.2. A petition for an emergency order under this article shall
set forth all of the following information:
(a) The name, address, and interest of the petitioner.
(b) The name, age, and address of the person in need of protective
service.
(c) The proposed protective services.
(d) The petitioner's reasonable belief, together with facts
supportive thereof, of the existence of those circumstances that
warrant the issuance of an emergency order.
(e) A statement of the petitioner's attempts to obtain the consent
of the person for whom the protective services are proposed, and the
outcome of those attempts.
15705.25. (a) Notice of the filing of a petition for an emergency
order shall be given, in language as understandable by the endangered
adult as reasonably possible, at least 24 hours prior to the hearing
on the petition for emergency intervention.
(b) The court may waive the 24-hour notice requirement on a
showing that immediate and reasonably foreseeable physical harm to
the person or other persons will result from the 24-hour delay, and
reasonable attempts have been made to give notice. Notice of the
final order of the court shall be given to each of the parties to the
petition hearing.
15705.30. The hearing on a petition for an emergency order under
this article shall be held under all of the following conditions:
(a) The person with respect to whom an emergency order is sought
shall be present unless that person knowingly and voluntarily waives
the right to be present or due to the person's physical or
psychological condition, he or she is unable to be present. Waiver or
inability to be present shall not be presumed from that
nonappearance of the endangered adult, but shall be determined on the
basis of factual information supplied to the court by counsel or a
representative appointed by the court.
(b) The endangered adult has the right to counsel, regardless of
whether he or she is present at the hearing. If the person is
indigent or lacks the capacity to waive counsel, the court shall
appoint counsel. The attorney shall advise the endangered adult of
his or her rights in relation to the proceeding and shall represent
him or her before the court.
(c) The endangered adult or his or her representative may present
evidence and cross-examine witnesses.
(d) The hearing shall be held no earlier than 24 hours after the
notice of the hearing has been given, unless the notice has been
waived by the court.
(e) The court shall issue, for the record, a statement of its
findings in support of any order for emergency protective services.
15705.35. Before any law enforcement agency may implement this
article, including the taking of any person into protective custody
pursuant to Section 15703, the law enforcement agency shall enter
into a signed agreement with the county adult protective services
agency that specifies the protocol that the county and the law
enforcement agency shall follow in implementing this article.
15705.37. This chapter shall be operative in a county only if the
county board of supervisors has adopted a resolution to make this
chapter operative in that county.
15705.40. This article shall not be used to circumvent the
involuntary commitment process provided for pursuant to Chapter 2
(commencing with Section 5150) of Part 1 of Division 5.
WELFARE AND INSTITUTIONS CODE
SECTION 15703-15705.40
15703. (a) When, from personal observation, an authorized state or
local law enforcement officer or designated employee of a county
department of social services or mental health determines that an
adult is an endangered adult, and no other option is available to
mitigate the circumstances of that adult, the person may take the
endangered adult into temporary emergency protective custody, and
initiate adult protective proceedings.
(b) When an authorized person takes an endangered adult into
temporary emergency protective custody and initiates adult protective
proceedings, the person shall cause the endangered adult to be
transported to a hospital as soon as possible if medical evaluation
and any necessary treatment is required.
(c) Upon taking an endangered adult into custody pursuant to this
chapter, the law enforcement agency taking the endangered adult into
custody shall notify:
(1) The superior court.
(2) The endangered person's next of kin, when appropriate.
(3) Adult protective services.
(d) This article shall not apply to state-licensed facilities.
15703.05. Whether or not medical treatment is required, a physician
treating an adult may, if he or she determines that the person is an
endangered adult, delay the release of the endangered adult until a
local law enforcement agency takes custody of the endangered adult,
it is determined by the responding agency the adult is not
endangered, or the responding agency takes other appropriate action
to ensure the safety of the endangered adult.
15703.1. (a) Temporary emergency protective custody under this
chapter shall not exceed a period commencing at the time the
endangered adult has been taken into protective custody to the first
court day commencing not more than 72 hours thereafter.
(b) Upon being taken into temporary emergency custody, the
endangered adult shall be transferred to an appropriate temporary
residence, pending the outcome of investigation and judicial hearing
required by this chapter.
15705. (a) A designated county agency shall initiate an
investigation and file a petition for issuance of an emergency
protective services order within 24 hours after the endangered adult
has been taken into temporary emergency protective custody.
(b) (1) The court shall hold a preliminary hearing no later than
the first court day commencing after a period of 48 hours after the
endangered adult has been taken into temporary emergency custody to
establish probable cause for grounds for protective custody.
(2) The court shall render its decision on the petition no later
than the first court day following a period of 72 hours after the
endangered adult has been taken into protective custody.
15705.05. If, as a result of the preliminary hearing, the court
determines that probable cause does not exist to continue temporary
emergency protective custody, the adult shall be released from
temporary protective custody.
15705.1. If, as a result of the preliminary hearing, the court
determines that probable cause continues to exist for temporary
emergency protective custody, the court may issue an order
authorizing the provision of protective services on an emergency
basis to an adult after finding on the record, based on clear and
convincing evidence, that all of the following apply:
(a) The adult is an endangered adult.
(b) No other appropriate means are available to mitigate the
situation that placed the endangered adult at risk of serious bodily
harm or death.
15705.15. In issuing an emergency order under this article, the
court shall adhere to all of the following limitations:
(a) Only those protective services that are necessary to remove
the conditions creating the emergency shall be ordered, and the court
shall specifically designate the approved services in the emergency
order.
(b) Protective services authorized by an emergency order shall not
include hospitalization or a change of residence unless the court
specifically finds that action is necessary and gives specific
approval for that action in its order.
(c) Protective services may be provided through an emergency order
for no more than 14 days, exclusive of Saturdays, Sundays, and legal
holidays pending a hearing for long-term custody.
(d) (1) In its emergency order under this article, the court shall
appoint the petitioner, next of kin, or other interested person, as
appropriate, as a temporary conservator of the endangered adult.
(2) The court's appointee shall be responsible for the care of the
endangered adult.
(3) The court's appointee may, until the expiration of the court's
order, give consent for the provision of protective services for the
endangered adult, in accordance with the emergency order.
(e) The issuance of an emergency order and the appointment of a
temporary conservator of the endangered adult shall not deprive that
endangered adult of any rights except to the extent provided in the
order of appointment.
15705.2. A petition for an emergency order under this article shall
set forth all of the following information:
(a) The name, address, and interest of the petitioner.
(b) The name, age, and address of the person in need of protective
service.
(c) The proposed protective services.
(d) The petitioner's reasonable belief, together with facts
supportive thereof, of the existence of those circumstances that
warrant the issuance of an emergency order.
(e) A statement of the petitioner's attempts to obtain the consent
of the person for whom the protective services are proposed, and the
outcome of those attempts.
15705.25. (a) Notice of the filing of a petition for an emergency
order shall be given, in language as understandable by the endangered
adult as reasonably possible, at least 24 hours prior to the hearing
on the petition for emergency intervention.
(b) The court may waive the 24-hour notice requirement on a
showing that immediate and reasonably foreseeable physical harm to
the person or other persons will result from the 24-hour delay, and
reasonable attempts have been made to give notice. Notice of the
final order of the court shall be given to each of the parties to the
petition hearing.
15705.30. The hearing on a petition for an emergency order under
this article shall be held under all of the following conditions:
(a) The person with respect to whom an emergency order is sought
shall be present unless that person knowingly and voluntarily waives
the right to be present or due to the person's physical or
psychological condition, he or she is unable to be present. Waiver or
inability to be present shall not be presumed from that
nonappearance of the endangered adult, but shall be determined on the
basis of factual information supplied to the court by counsel or a
representative appointed by the court.
(b) The endangered adult has the right to counsel, regardless of
whether he or she is present at the hearing. If the person is
indigent or lacks the capacity to waive counsel, the court shall
appoint counsel. The attorney shall advise the endangered adult of
his or her rights in relation to the proceeding and shall represent
him or her before the court.
(c) The endangered adult or his or her representative may present
evidence and cross-examine witnesses.
(d) The hearing shall be held no earlier than 24 hours after the
notice of the hearing has been given, unless the notice has been
waived by the court.
(e) The court shall issue, for the record, a statement of its
findings in support of any order for emergency protective services.
15705.35. Before any law enforcement agency may implement this
article, including the taking of any person into protective custody
pursuant to Section 15703, the law enforcement agency shall enter
into a signed agreement with the county adult protective services
agency that specifies the protocol that the county and the law
enforcement agency shall follow in implementing this article.
15705.37. This chapter shall be operative in a county only if the
county board of supervisors has adopted a resolution to make this
chapter operative in that county.
15705.40. This article shall not be used to circumvent the
involuntary commitment process provided for pursuant to Chapter 2
(commencing with Section 5150) of Part 1 of Division 5.
