§ 9-20-114 - Emergency custody.
9-20-114. Emergency custody.
(a) The Department of Human Services or a law enforcement official may take a maltreated adult into emergency custody, or any person in charge of a hospital or similar institution or any physician treating any maltreated adult may keep the maltreated adult in custody, whether or not medical treatment is required, if the circumstances or condition of the maltreated adult are such that returning to or continuing at the maltreated adult's place of residence or in the care or custody of a parent, guardian, or other person responsible for the maltreated adult's care presents imminent danger to the maltreated adult's health or safety, and the maltreated adult either:
(1) Lacks the capacity to comprehend the nature and consequences of remaining in a situation that presents imminent danger to his or her health or safety; or
(2) Has a mental impairment or a physical impairment that prevents the maltreated adult from protecting himself or herself from imminent danger to his or her health or safety.
(b) Emergency custody shall not exceed seventy-two (72) hours unless the expiration of seventy-two (72) hours falls on a weekend or holiday, in which case emergency custody shall be extended through the next business day following the weekend or holiday.
(c) A person who takes a maltreated adult into emergency custody shall notify the department immediately upon taking the adult into emergency custody.
(d) The department may release custody of an adult within the seventy-two (72) hours if the adult is no longer in circumstances or conditions that present imminent danger to the adult's health or safety.
(e) (1) If emergency custody is exercised under this section, the person exercising the custody or the department may consent to having the maltreated adult transported by a law enforcement officer or by ambulance if medically appropriate, even if the adult objects.
(2) No court order shall be required for law enforcement or ambulance transport.
(3) If an ambulance driver or company or a law enforcement officer acts in good faith under this section, the immunity provisions of 5-28-207 [repealed] shall apply.
(4) The good faith of the ambulance driver or company or law enforcement officer shall be presumed.