9-20-116. Probable cause hearing.

9-20-116. Probable cause hearing. (a)(1) Following issuance of an emergency order, the probate division of circuit court shall hold a hearing within five (5) business days to determine whether probable cause to issue the emergency order continues to exist. (2) The court may hold a probable cause hearing anywhere in the judicial district. (3)(A) An authorized employee of the Department of Human Services may consent, over the objection of the maltreated adult, to a law enforcement officer’s or an emergency medical services provider’s transporting the maltreated adult to the probable cause hearing required under subdivision (a)(1) of this section, if medically appropriate. (B) A court order is not required before a law enforcement officer or an emergency medical services provider may transport a maltreated adult in accordance with subdivision (a)(3)(A) of this section. (C) An emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer are immune from criminal and civil liability for injury, death, or loss allegedly arising from good faith action taken in accordance with subdivisions (a)(3)(A) and (B) of this section. (D) There is a presumption of good faith on the part of an emergency medical services provider, the employees of an emergency medical services provider, and a law enforcement officer that act in accordance with subdivisions (a)(3)(A) and (B) of this section. (b)(1) At the probable cause hearing, the court shall make the following inquiries of the maltreated adult or other witnesses: (A) Whether the maltreated adult has the financial ability to retain counsel; and (B) If the maltreated adult does not have the financial ability to retain counsel, whether the maltreated adult is indigent. (2) The court shall: (A) Inform the maltreated adult of the right to effective assistance of counsel; and (B) If the maltreated adult is indigent, appoint counsel for the maltreated adult. (c) The hearing shall be limited to the purpose of determining whether probable cause: (1) Existed to protect the maltreated adult; and (2)(A) Still exists to protect the maltreated adult. (B) If the maltreated adult has a physical impairment but does not have a mental impairment, the court shall determine whether the maltreated adult shall remain in the custody of the department by specifically addressing these issues: (i) The current risk to the maltreated adult if removed from the custody of the department and returned to the home or situation from which the maltreated adult was removed; (ii) Whether the maltreated adult has a mental impairment and if not, inquiry of the maltreated adult whether the maltreated adult wants to remain in the custody of the department; and (iii) If the maltreated adult does not want to remain in the custody of the department, is the request of the maltreated adult made intelligently, with full knowledge of the risk if custody is dismissed and the request is unequivocal. (d) The court may enter orders: (1) Regarding protection of assets of the maltreated adult; or (2) Ordering or authorizing the department to obtain treatment, evaluations, or services for the maltreated adult. (e) The probable cause hearing shall be a miscellaneous hearing. (f)(1) Upon a finding of probable cause, the court may order temporary custody for up to thirty (30) days pending the hearing for long-term custody. (2) However, the court may extend the time under subdivision (f)(1) of this section upon a finding that extenuating circumstances exist.