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235b-17
235B.17 PROVISION OF PROTECTIVE SERVICES WITH THE
CONSENT OF DEPENDENT ADULT -- CARETAKER REFUSAL.
1. If a caretaker of a dependent adult, who consents to the
receipt of protective services, refuses to allow provision of the
services, the department may petition the court with probate
jurisdiction in the county in which the dependent adult resides for
an order enjoining the caretaker from interfering with the provision
of services.
2. The petition shall be verified and shall allege specific facts
sufficient to demonstrate that the dependent adult is in need of
protective services and consents to the provision of services and
that the caretaker refuses to allow provision of the services. The
petition shall include all of the following:
a. The name, date of birth, and address of the dependent
adult alleged to be in need of protective services.
b. The protective services required.
c. The name and address of the caretaker refusing to allow
the provision of services.
3. The court shall set the case for hearing within fourteen days
of the filing of the petition. The dependent adult and the caretaker
refusing to allow the provision of services shall receive at least
five days' notice of the hearing.
4. If the judge finds by clear and convincing evidence that the
dependent adult is in need of protective services and consents to the
services and that the caretaker refuses to allow the services, the
judge may issue an order enjoining the caretaker from interfering
with the provision of the protective services. Section History: Recent Form
96 Acts, ch 1130, §7; 2009 Acts, ch 107, §2
Referred to in § 235B.16A, 235E.4
