§346-232 - Order to show cause hearing.
§346-232 Order to show cause
hearing. (a) When a written order for immediate protection is issued, the
court shall hold a hearing on the application for immediate protection, no
later than seventy-two hours after issuance of the written order, excluding any
Saturday or Sunday, requiring cause to be shown why the order or orders should
not continue. The department shall make arrangements to have the vulnerable
adult attend the hearing or show cause why the vulnerable adult cannot attend.
(b) When the court finds that there is
probable cause to believe that a vulnerable adult has incurred abuse or is in
danger of abuse if immediate action is not taken, and the vulnerable adult
consents, or if the vulnerable adult does not consent and the court finds that
there is probable cause to believe that the vulnerable adult lacks the capacity
to make decisions concerning the vulnerable adult's person, the court may
continue or modify any order pending an adjudicatory hearing on the petition.
These orders may include orders for the vulnerable adult's temporary placement
and ordinary medical care.
(c) The parties personally or through counsel
may stipulate to the entry or continuance of such orders as the court deems to
be in the best interest of the vulnerable adult, and the court shall set the
case for an adjudicatory hearing as soon as it is practical. [L 1989, c 381, pt
of §1; am L 1990, c 144, §1 and c 234, §5; am L 2008, c 154, §14]