§ 10225.307. Involuntary intervention by emergency court order
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 10225.307
Formerly cited as PA ST 35 P.S. § 10220
§ 10225.307. Involuntary intervention by emergency court order
(a) Emergency petition.--Where there was clear and convincing evidence that if protective services are not provided, the person to be protected is at imminent risk of death or serious physical harm, the agency may petition the court for an emergency order to provide the necessary services. The courts of common pleas of each judicial district shall ensure that a judge or district justice is available on a 24-hour-a-day, 365-day-a-year basis to accept and decide on petitions for an emergency court order under this section whenever the agency determines that a delay until normal court hours would significantly increase the danger the older adult faces.
(c) Right to counsel.--In order to protect the rights of an older adult for whom protective services are being ordered, an emergency court order under this section shall provide that the older adult has the right to legal counsel. If the older adult is unable to provide for counsel, such counsel shall be appointed by the court.
(e) Health and safety requirements.--The agency shall take reasonable steps to assure that while the person is receiving services under an emergency court order, the health and safety needs of any of the person's dependents are met and that personal property and the dwelling the person occupies are secure.
Credits
1987, Nov. 6, P.L. 381, No. 79, § 10 (35 P.S. § 10220). Renumbered as § 307 and amended by 1996, Dec. 18, P.L. 1125, No. 169, § 4, effective in 90 days.
35 P.S. § 10225.307, PA ST 35 P.S. § 10225.307
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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