§346-240  Adjudicatory hearing.  (a) When a petition has been filed, the court shall set a return date hearing to beheld within thirty days of the filing of the petition.  On the return date, theparties personally or through counsel may stipulate to the entry or continuanceof the orders as the court deems to be in the best interests of the vulnerableadult, and the court shall set the case for an adjudicatory hearing as soon asis practical.

(b)  In an adjudicatory hearing, the courtshall determine whether the person is a vulnerable adult, and whether thevulnerable adult has incurred abuse or is in danger of abuse if immediateaction is not taken, based upon a preponderance of the evidence.  Evidence thatis contained in a written report, study, or examination shall be admissible;provided that the maker of the written report, study, or examination be subjectto direct and cross-examination upon demand when the maker is reasonablyavailable.  A social worker employed by the department in the area of adultprotective services shall be presumed to be qualified to testify as an expertin the field of protective services.

(c)  If facts sufficient to sustain thepetition are established in court, or are stipulated to by all parties, thecourt shall enter an order finding that the vulnerable adult has incurred abuseor is in danger of abuse if immediate action is not taken and shall state thegrounds for the finding.  The court shall also make a finding concerning thecapacity of the vulnerable adult to effectively make decisions concerningpersonal needs or property.  If the capacity of the vulnerable adult is atissue, the court shall require that the vulnerable adult be examined by apsychiatrist or other physician who is skilled in evaluating the particulararea in which the vulnerable adult is alleged to lack capacity before makingany finding that the vulnerable adult lacks capacity.  If there is no findingthat the vulnerable adult lacks capacity to make decisions regarding personalneeds or property and if the vulnerable adult does not give consent, the courtshall not have authority to proceed further and the court shall dismiss thecase.

(d)  Upon the completion of the adjudicatoryhearing, the disposition hearing may commence immediately after the requiredfindings are made, provided the requirements of section 346-241(a) have beenmet, or the court may set the disposition hearing for such time as it deemsappropriate.

(e)  If facts sufficient to sustain thepetition under this part are not established, the court shall dismiss thepetition and shall state the grounds for dismissal.

(f)  If the court sustains the petition anddoes not commence immediately to the disposition hearing, it shall determine,based upon the facts adduced during the adjudicatory hearing and any additionalfacts presented to it, whether any temporary orders should be issued pendingfinal disposition. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234,§9; am L 2008, c 154, §21]