N.D. Cent. Code § 50-25.2-07

Current through 2024 Legislative Session

Section 50-25.2-07 - Refusal or inability to accept adult protective services - Department alternatives

If a vulnerable adult who is subject to abuse or neglect is unable to consent and accept, or the caregiver refuses, adult protective services determined by the department or the department's designee to be necessary under this chapter, the department or the department's designee may pursue any administrative, legal, and other remedies authorized by law which are necessary and appropriate under the circumstances to protect the vulnerable adult and prevent further abuse or neglect. The state's attorney of the county in which the vulnerable adult resides or is located shall assist the department or the department's designee, upon request, in pursuing an appropriate remedy. Available remedies include seeking:

1. The appointment of a guardian under chapter 30.1-28 or a conservator under chapter 30.1-29;

2. A restraining order or other court order necessary under the circumstances;

3. The removal of an abusive or neglectful guardian or conservator and appointment of a suitable person as guardian or conservator, pursuant to sections 30.1-28-07 and 30.1-29-15;

4. The provision of appropriate treatment under chapter 25-03.1;

5. The criminal prosecution of the individual responsible for the abuse or neglect; and

6. Any other available administrative, legal, or other remedies on behalf of the vulnerable adult.

N.D.C.C. § 50-25.2-07