ยง346-241 - Disposition.
ยง346-241ย Disposition.ย (a)ย The
department shall prepare a proposed protective order and a written protective
services plan and submit copies to the court and each of the parties or their
counsel at least seven days prior to the disposition hearing.
(b)ย The proposed protective order may include
any of the provisions set forth in section 346-231, and, in addition may
include an order that:
(1)ย The person inflicting abuse on the vulnerable
adult participate in counseling or therapy as the court deems appropriate;
(2)ย Any party report to the department any violation
of the protective order or protective services plan;
(3)ย The department make periodic home visits to the
vulnerable adult; and
(4)ย The department monitor compliance with the order.
(c)ย The proposed protective services plan
shall set forth the following:
(1)ย Specific services or treatment to be provided to
the vulnerable adult and the specific actions the parties shall take;
(2)ย Specific responsibilities that the parties shall
assume;
(3)ย Period during which the services shall be
provided;
(4)ย Dates by which the actions shall be completed;
(5)ย Specific consequences that may be reasonably
anticipated to result from a party's failure to comply with any terms and
conditions of the plan; and
(6)ย Steps that shall be necessary to terminate the
court's jurisdiction.
(d)ย In preparing such a proposed protective
order, the department shall seek to impose the least restrictive limitation on
the freedom and liberties of the vulnerable adult.ย To the greatest extent
possible, the vulnerable adult should be permitted to participate in decisions
concerning the vulnerable adult's person, or property, or both.
(e)ย The court shall conduct a disposition
hearing concerning the terms and conditions set forth in the proposed
protective order and proposed protective services plan unless each of the
appropriate parties accepts the order and plan, in which event, the court may
approve the order and plan without a hearing. [L 1989, c 381, pt of ยง1; am L
1990, c 144, ยง1 and c 234, ยง9; am L 1992, c 62, ยงยง3, 4; am L 2008, c 154, ยง22]