Pennsylvania Code › Title 6 - AGING › Part I - Department of Aging › Chapter 15 - PROTECTIVE SERVICES FOR OLDER ADULTS › EMERGENCY INTERVENTION › Section 15.71 - Involuntary intervention by emergency court order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
When there is
				  clear and convincing evidence that, if protective services are not provided,
				  the older adult to be protected is at imminent risk of death or serious
				  physical harm, the agency may petition the court for an emergency order to
				  provide the necessary services. The person to be protected shall be an older
				  adult in need of protective services as defined in this chapter. The courts of
				  common pleas of each judicial district shall ensure that a judge or district
				  magistrate 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 delay until normal court hours would significantly
				  increase the danger the older adult faces. Only the agency, through its
				  official representative, may bring a petition for involuntary intervention by
				  emergency court order.
(b)
Legal representation.
When the agency petitions the court for
				  emergency involuntary intervention, the agency shall make sure the older adult
				  has the opportunity to be represented by counsel at all stages of the
				  proceedings. If the older adult has an attorney known to the agency, the agency
				  shall attempt to notify that attorney before it files a petition for emergency
				  involuntary intervention. If the agency has no knowledge of an attorney who
				  represents the older adult, the agency shall attempt to notify the legal
				  services provider identified by the area agency on aging in its protective
				  services plan to provide legal assistance under this chapter. The notification
				  shall contain enough information about the risk to the older adult and the
				  proposed remedy to enable counsel to determine if representation is necessary
				  at the emergency hearing. Notification to counsel shall include a copy of the
				  petition with the affidavits attached as well as the time, date and place of
				  presentation of the petition except when §
										15.72(b) (relating
				  to petition) applies.
This section cited in 6 Pa. Code §
												15.12 (relating to administrative
						functions and responsibilities of area agencies on aging); 6 Pa. Code §
												15.42 (relating to standards for
						initiating and conducting investigations); 6 Pa. Code §
												15.63 (relating to access by
						consent); 6 Pa. Code §
												15.73 (relating to court appointed
						counsel); 6 Pa. Code §
												15.81 (relating to rights of
						protective services clients); 6 Pa. Code §
												15.91 (relating to general); 6 Pa.
						Code §
												15.92 (relating to assessment); 6
						Pa. Code §
												15.93 (relating to service plan); 6
						Pa. Code §
												15.94 (relating to service
						delivery); and 6 Pa. Code §
												15.112 (relating to uses of funding
						authorized by the act).