|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3102
|
|
Ch. 768
|
|
|
|
|
LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(6) THE ISSUANCE OF AN EMERGENCY ORDER AND
THE APPOINTMENT OF A TEMPORARY GUARDIAN SHALL NOT DEPRIVE
THE PERSON OF ANY RIGHTS EXCEPT TO THE EXTENT PROVIDED
FOR IN THE ORDER OR APPOINTMENT;
(7) TO IMPLEMENT AN EMERGENCY ORDER, THE
COURT MAY AUTHORIZE FORCIBLE ENTRY OF THE PREMISES OF THE
PERSON FOR THE PURPOSE OF RENDERING PROTECTIVE SERVICES
OR TRANSPORTING THE PERSON TO ANOTHER LOCATION FOR THE
PROVISION OF SUCH SERVICES ONLY AFTER A SHOWING TO THE
COURT THAT ATTEMPTS TO GAIN VOLUNTARY ACCESS TO THE
PREMISES HAVE FAILED AND FORCIBLE ENTRY IS NECESSARY.
PERSONS MAKING AUTHORIZED FORCIBLE ENTRY SHALL BE
ACCOMPANIED BY A LAW-ENFORCEMENT OFFICER, THE DIRECTOR OF
HIS REPRESENTATIVE, AND IF APPROPRIATE, A REPRESENTATIVE
OF THE LOCAL DEPARTMENT OF HEALTH.
(D) THE PETITION FOR AN EMERGENCY ORDER SHALL SET
FORTH THE NAME, ADDRESS, AND INTEREST OF THE PETITIONER;
THE NAME, AGE, AND ADDRESS OF THE PERSON IN NEED OF
PROTECTIVE SERVICES; THE NATURE OF THE PERSON'S
DISABILITY, IF DETERMINABLE; THE PROPOSED PROTECTIVE
SERVICES; THE PETITIONEE'S REASONABLE BELIEF, TOGETHER
WITH FACTS SUPPORTIVE THEREOF, AS TO THE EXISTENCE OF THE
FACTS STATED IN SUBSECTION (A) (1) THROUGH (3) ABOVE; AND
FACTS SHOWING PETITIONER'S ATTEMPTS TO OBTAIN THE
PERSON'S CONSENT TO THE SERVICES AND THE OUTCOMES OF SUCH
ATTEMPTS.
(E) NOTICE OF THE FILING OF SUCH PETITION SHALL BE
GIVEN AS REQUIRED IN THE MARYLAND RULES AND TO THE
DIRECTOR. SUCH NOTICE SHALL BE GIVEN IN LANGUAGE
REASONABLY UNDERSTANDABLE BY THE INTENDED RECIPIENTS AT
LEAST 24 HOURS PRIOR TO THE HEARING FOR EMERGENCY
INTERVENTION. THE COURT MAY WAIVE THE 24-HOUR NOTICE
REQUIREMENT UPON A SHOWING THAT (1) IMMEDIATE AND
REASONABLY FORESEEABLE PHYSICAL HARM 10 THE PERSON OR
OTHERS WILL RESULT FROM THE 24-HOUR DELAY, AND (2)
REASONABLE ATTEMPTS HAVE BEEN MADE TO GIVE SUCH NOTICE.
NOTICE OF THE COURT'S FINAL ORDER SHALL BE GIVEN TO THE
SAME PARTIES.
(F) THE HEARING ON A PETITION FOR AN EMERGENCY
ORDER FOR PROTECTIVE SERVICES SHALL BE HELL UNDER THE
FOLLOWING CONDITIONS:
(1) THE PERSON SHALL BE PRESENT UNLESS HE
HAS KNOWINGLY AND VOLUNTARILY WAIVED THE RIGHT TO BE
PRESENT OR CANNOT BE PRESENT BECAUSE OF PHYSICAL OR
MENTAL INCAPACITY. WAIVER OR INCAPACITY MAY NOT BE
PRESUMED FROM NONAPPEARANCE BUT SHALL BE DETERMINED ON
THE BASIS OF FACTUAL INFORMATION SUPPLIED TO THE COURT BY
COUNSEL OR A REPRESENTATIVE APPOINTED BY THE COURT.
(2) THE PERSON HAS THE RIGHT TO COUNSEL
WHETHER OR NOT HE IS PRESENT AT THE HEARING, UNLESS HE
INTELLIGENTLY AND VOLUNTARILY WAIVES THE RIGHT. IF THE
PERSON IS INDIGENT OR LACKS THE CAPACITY TO WAIVE
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
