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§ 10210.307. Involuntary intervention by emergency court order

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: April 7, 2011

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 57. Adult Protective Services Act (Refs & Annos)
Chapter 3. Administration (Refs & Annos)
Effective: April 7, 2011
35 P.S. § 10210.307
§ 10210.307. Involuntary intervention by emergency court order
Currentness
(a) Emergency petition.--
(1) Where there is clear and convincing evidence that, if protective services are not provided, the adult is at imminent risk of death, serious injury or serious bodily injury, the agency may petition the court for an emergency order to provide the necessary services.
(2) The court of common pleas of each judicial district shall ensure that a judge or magisterial district judge 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 adult faces.
(b) Limited order.--The court, after finding clear and convincing evidence of the need for an emergency order, shall order only such services as are necessary to remove the conditions creating the established need.
(c) Right to counsel.--In order to protect the rights of an adult in need of protective services, an emergency court order under this section shall provide that the adult has the right to legal counsel which shall be appointed by the court at public expense.
(d) Forcible entry.--Where it is necessary to forcibly enter a premises, law enforcement shall obtain a court order and may be accompanied by a representative of an agency.
(e) Health and safety requirements.--An agency shall take reasonable steps to assure that, while an adult is receiving services under an emergency court order, the health and safety needs of any of the adult's dependents are met and that personal property and the dwelling the adult occupies are secure.
(f) Nonrestrictive setting.--In those cases in which an adult must be relocated, the court shall order the adult to be relocated to the most integrated setting and the least restrictive alternative that will ensure the adult's health and safety and appropriate care.
(g) Exclusion of remedy.--Nothing in this chapter shall be construed to deny an adult access to emergency medical services or police protection that would be provided to anyone, regardless of age, in similar circumstances.

Credits

2010, Oct. 7, P.L. 484, No. 70, § 307, effective in 6 months [April 7, 2011].
35 P.S. § 10210.307, PA ST 35 P.S. § 10210.307
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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