Utah Code 26B-6-207. Peace officer’s authority to transport — Notification
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(1) A peace officer may remove and transport, or cause to have transported, a vulnerable adult to an appropriate medical or shelter facility, if:
Terms Used In Utah Code 26B-6-207
- Abuse: means :(2)(a) knowingly or intentionally:(2)(a)(i) attempting to cause harm;(2)(a)(ii) causing harm; or(2)(a)(iii) placing another in fear of harm;(2)(b) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult;(2)(c) emotional or psychological abuse;(2)(d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or(2)(e) deprivation of life sustaining treatment, or medical or mental health treatment, except:(2)(e)(i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or(2)(e)(ii) when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201
- Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
- Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201
- Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
- Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201
- Exploitation: means an offense described in Section Utah Code 26B-6-201
- Lacks capacity to consent: is a s defined in Section Utah Code 26B-6-201
- Neglect: means :
(22)(a)(i)(22)(a)(i)(A) failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or(22)(a)(i)(B) failure of a caretaker to provide protection from health and safety hazards or maltreatment;(22)(a)(ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;(22)(a)(iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;(22)(a)(iv) knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult;(22)(a)(v) self-neglect by the vulnerable adult; or(22)(a)(vi) abandonment by a caretaker. See Utah Code 26B-6-201- Physical injury: includes the damage and conditions described in Section 76-5-111. See Utah Code 26B-6-201
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201
- Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to:
(30)(a) provide personal protection;(30)(b) provide necessities such as food, shelter, clothing, or mental or other health care;(30)(c) obtain services necessary for health, safety, or welfare;(30)(d) carry out the activities of daily living;(30)(e) manage the adult's own financial resources; or(30)(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201(1)(a) the officer has probable cause to believe that:(1)(a)(i) by reason of abuse, neglect, or exploitation there exist exigent circumstances; and(1)(a)(ii) the vulnerable adult will suffer serious physical injury or death if not immediately placed in a safe environment;(1)(b) the vulnerable adult refuses to consent or lacks capacity to consent; and(1)(c) there is not time to notify interested parties or to apply for a warrant or other court order.(2) A peace officer described in Subsection (1) shall, within four hours after a vulnerable adult is transported to an appropriate medical or shelter facility:(2)(a) notify Adult Protective Services intake; and(2)(b) request that Adult Protective Services or the division file a petition with the court for an emergency protective order.