When the APS worker determines that an emergency exists for a vulnerable adult and that no other protective custody services are available and no other services provide sufficient protections, the APS worker must contact the county attorney to file an Ex Parte application for short-term involuntary Adult Protective Services or placement of the vulnerable adult.

The APS worker should provide the county attorney with the following information:

1. The vulnerable adult’s current situation;

2. Why imminent danger is believed;

3. Why no other form of intervention is possible;

4. What, if any, less restrictive alternatives have been tried; and

5. Recommendations and a tentative plan for the vulnerable adult.

The Ex Parte order does not give legal custody or guardianship to the Department.  The vulnerable adult is responsible for the cost of services provided either by his/her income or other programs for which s/he may be eligible.

The Ex Parte order issued by the court is limited to 48 hours excluding non-judicial days.  Prior to the expiration of the order, a hearing must be held at which time a judge may order the continuance of short term involuntary Adult Protective Services prescribing those specific APS which are to be provided, the duration of the services which must not exceed 60 days, and the person or persons who are authorized or ordered to provide them.