235B.17 - PROVISION OF PROTECTIVE SERVICES WITH THE CONSENT OF DEPENDENT ADULT -- CARETAKER REFUSAL.

        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