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INVESTIGATION. Is investigation completed without obstruction or interference?. DJ & F S conducts investigation. yes. no. Hearing held court finds interference/ obstruction with investigation. yes. Court issues temporary restraining order for 14 days.
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INVESTIGATION Is investigation completed without obstruction or interference? DJ & F S conducts investigation yes no Hearing held court finds interference/ obstruction with investigation yes Court issues temporary restraining order for 14 days DJ & FS petitions probate court for temporary restraining order to prevent interference with investigation Court sends notice of hearing to adult and interested parties
SERVICES Are APS services required? Does adult voluntarily consent to services? DJ & FS develops APS plan and provides services yes yes no Are emergency services required? DJ & FS closes APS case & makes referrals yes DJ & FS petitions probate court for emergency APS plan Notice served personally on adult at least 24 hrs. prior to hearing, mail notice to interested parties no DJ & FS petitions probate court for routine services Notice served personally on adult at least 5 days prior to hearing, mail notice to interestedparties
REPORT Is this an Emergency? Report of abuse, neglect or exploitation received by Dept. of Job & Family Services (DJ&FS) DJ & FS investigates emergency within 24 Hrs. serves adult written notice Assessment of report by DJ& FS yes no DJ & FS investigates within 3 working days
Emergency hearing held no sooner than 24 hrs. & no later than 72 hrs. after notice, unless court waives notice • Court orders emergency APS if: • ) Adult is incapacitated; • ) Adult abused, neglected or exploited • ) An emergency exists • ) No legally responsible person to consent to emergency services • Emergency order limited to not more than 14 days If not, case dismissed Hearing held at least 5 days after adult served notice • Court orders APS if: • ) adult abused, neglected or exploited • ) is in need of protective services • ) is incapacitated and • ) has no person who is available and who can give legal consent to APS If not, case dismissed