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§43A-10-111.
§43A-10-111.
A. 1. The district courts are vested with jurisdiction to issue orders
and enforce orders restricting visitation, by the custodian or by any
other person specified by the court, of a vulnerable adult who is
receiving or has been determined to need protective services pursuant
to the Protective Services for Vulnerable Adults Act.
2. Whenever it is consistent with the welfare and safety of a
vulnerable adult, the court shall restrict the visitation of a
custodian or other person specified by the court who is alleged or has
been determined to have abused, neglected or exploited the vulnerable
adult.
3. Notice as ordered by the court shall be given to the custodian or
other person alleged or determined to have abused, neglected or
exploited a vulnerable adult.
B. If the Department of Human Services determines, as a result of its
investigation, that a vulnerable adult needs voluntary or involuntary
protective services as a result of abuse, neglect or exploitation by
the caretaker or by any other person, the Department may petition the
district court to restrict the visitation of such custodian or other
person with the vulnerable adult.
C. 1. Consistent with the welfare and safety of the vulnerable adult,
the court may require supervised visitation, prohibit visitation or
otherwise limit the visitation by the custodian or such other person
with the vulnerable adult.
2. The basis for restricting visitation shall be stated in the record
by the court.
D. The owner, operator or any facility personnel of a nursing home,
residential home, assisted living facility or other long-term care
facility having reason to believe that visitation of a vulnerable
adult should be restricted may notify the long-term care ombudsman
program or adult protective services. Any other person having reason
to believe that visitation of a vulnerable adult should be restricted
may notify the Department of Human Services pursuant to the Protective
Services for Vulnerable Adults Act.
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