                                 CODE OF VIRGINIA

EMERGENCY ORDER FOR ADULT PROTECTIVE SERVICES (§ 63.2-1609)

A. Upon petition by the local department to the circuit court, the court may
issue an order authorizing the provision of adult protective services on an
emergency basis to an adult after finding on the record, based on a
preponderance of the evidence, that:

   1. The adult is incapacitated;

   2. An emergency exists;

   3. The adult lacks the capacity to consent to receive adult protective
   services; and

   4. The proposed order is substantially supported by the findings of the local
   department that has investigated the case, or if not so supported, there are
   compelling reasons for ordering services.

B. In issuing an emergency order, the court shall adhere to the following
limitations:

   1. Only such adult protective services as are necessary to improve or correct
   the conditions creating the emergency shall be ordered, and the court shall
   designate the approved services in its order. In ordering adult protective
   services the court shall consider the right of a person to rely on nonmedical
   remedial treatment in accordance with a recognized religious method of healing
   in lieu of medical care.

   2. The court shall specifically find in the emergency order whether
   hospitalization or a change of residence is necessary. Approval of the
   hospitalization or change of residence shall be stated in the order. No adult
   may be committed to a mental health facility under this section.

   3. Adult protective services may be provided through an appropriate court
   order only for a period of 15 days. The original order may be renewed once for
   a five-day period upon a showing to the court that continuation of the
   original order is necessary to remove the emergency.

   4. In its order the court shall appoint the petitioner or another interested
   person, as temporary guardian of the adult with responsibility for the
   adult&#8217;s welfare and authority to give consent for the adult for the
   approved adult protective services until the expiration of the order.

   5. When applicable, the court shall appoint the petitioner or another
   interested person as temporary conservator of the adult with responsibility
   and authority limited to managing the adult&#8217;s estate and financial
   affairs related to the approved adult protective services until the expiration
   of the order.

   6. The issuance of an emergency order and the appointment of a temporary
   guardian or temporary conservator shall not deprive the adult of any rights
   except to the extent provided for in the order or appointment.

   7. The court shall set the bond of the temporary guardian and the bond and
   surety, if any, of the temporary conservator.

   8. Upon a finding that the adult has been, within a reasonable period of time,
   subjected to an act of violence, force, or threat or been subjected to
   financial exploitation, the court may include in its order one or more of the
   following conditions to be imposed on the alleged perpetrator: (i) prohibition
   on acts of violence, force, or threat or criminal offenses that may result in
   injury to person or property; (ii) prohibition on such other contacts by the
   alleged perpetrator with the adult or the adult&#8217;s family or household
   members as the court deems necessary for the health and safety of such
   persons; or (iii) such other conditions as the court deems necessary to
   prevent (a) acts of violence, force, or threat; (b) criminal offenses that may
   result in injury to persons or property; (c) communication or other contact of
   any kind by the alleged perpetrator; or (d) financial exploitation by the
   alleged perpetrator. Any person who violates a condition imposed pursuant to
   this subdivision is guilty of a Class 1 misdemeanor.

C. The petition for an emergency order shall set forth the name, address, and
interest of the petitioner; the name, age, and address of the adult in need of
adult protective services; the nature of the emergency, including the nature of
any acts of violence, force, or threat or financial exploitation; the date and
location of any acts of violence, force, or threat or financial exploitation;
the nature of the adult&#8217;s incapacity, if determinable; the proposed adult
protective services; the petitioner&#8217;s reasonable belief, together with
facts supportive thereof, as to the existence of the facts stated in
subdivisions A 1 through A 4; and facts showing the petitioner&#8217;s attempts
to obtain the adult&#8217;s consent to the services and the outcomes of such
attempts.

D. Written notice of the time, date, and place for the hearing shall be given to
the adult, to his spouse, or if none, to his nearest known next of kin, and to
the alleged perpetrator if the petition alleges the adult has been subjected to
an act of violence, force, or threat or financial exploitation, and a copy of
the petition shall be attached. Such notice shall be given at least 24 hours
prior to the hearing for emergency intervention. The court may waive the 24-hour
notice requirement upon showing that (i) immediate and reasonably foreseeable
physical harm to the adult or others will result from the 24-hour delay and (ii)
reasonable attempts have been made to notify the adult, his spouse, or if none,
his nearest known next of kin, and the alleged perpetrator if the petition
alleges the adult has been subjected to an act of violence, force, or threat or
financial exploitation.

E. Upon receipt of a petition for an emergency order for adult protective
services, the court shall hold a hearing. The adult who is the subject of the
petition shall have the right to be present and be represented by counsel at the
hearing. If it is determined that the adult is indigent, or, in the
determination of the judge, lacks capacity to waive the right to counsel, the
court shall locate and appoint a guardian ad litem. If the adult is indigent,
the cost of the proceeding shall be borne by the Commonwealth. If the adult is
not indigent, the court may order that the cost of the proceeding shall be borne
by such adult. This hearing shall be held no earlier than 24 hours and no later
than 72 hours after the notice required in subsection D has been given, unless
such notice has been waived by the court.

F. The adult, the temporary guardian, temporary conservator, or any interested
person may petition the court to have the emergency order set aside or modified
at any time there is evidence that a substantial change in the circumstances of
the adult for whom the emergency services were ordered has occurred.

G. Where adult protective services are rendered on the basis of an emergency
order, the temporary guardian or temporary conservator shall submit to the court
a report describing the circumstances thereof including the name, place, date,
and nature of the services provided. This report shall become part of the court
record. Such report shall be confidential and open only to such persons as may
be directed by the court.

H. If the person continues to need adult protective services after the renewal
order provided in subdivision B 3 has expired, the temporary guardian, temporary
conservator, or local department shall immediately petition the court to appoint
a guardian and, if applicable, a conservator pursuant to Chapter 20 (&#xA7;
64.2-2000 et seq.) of Title 64.2.

I. If the court finds the adult has been, within a reasonable period of time,
subjected to an act of violence, force, or threat or been subjected to financial
exploitation and enters an order containing any of the conditions permitted
pursuant to subdivision B 8, the clerk of the circuit court shall forthwith
forward an attested copy of the order containing the perpetrator&#8217;s
identifying information and the name, date of birth, sex, and race of each
protected person provided to the court to the primary law-enforcement agency
providing service and entry of protective orders and, upon receipt of the order,
the primary law-enforcement agency shall enter the name of the person subject to
the order and other appropriate information required by the Department of State
Police into the Virginia Criminal Information Network established and maintained
by the Department of State Police pursuant to Chapter 2 (&#xA7; 52-12 et seq.)
of Title 52 and the order shall be served forthwith on the perpetrator in person
as provided in &#xA7; 16.1-264. Upon service, the agency making service shall
enter the date and time of service and other appropriate information required by
the Department of State Police into the Virginia Criminal Information Network
and make due return to the court.
			Upon receipt of the return of service or other proof of service pursuant to
subsection C of &#xA7; 16.1-264, the clerk shall forthwith forward an attested
copy of the order to the primary law-enforcement agency and the agency shall
forthwith verify and enter any modification as necessary into the Virginia
Criminal Information Network as described in this subsection. If the order is
later set aside or modified, a copy of such order shall also be attested,
forwarded forthwith to the primary law-enforcement agency responsible for
service and entry of protective orders and, upon receipt of the order by the
primary law-enforcement agency, the agency shall forthwith verify and enter any
modification as necessary to the identifying information and other appropriate
information required by the Department of State Police into the Virginia
Criminal Information Network as described in this subsection, and the order
shall be served forthwith and due return made to the court.

HISTORY: 1977, c. 547, § 63.1-55.6; 1978, c. 562; 1979, c. 451; 1997, c. 921;
2002, c. 747; 2004, cc. 749, 1011; 2018, cc. 19, 188; 2021, Sp. Sess. I, cc.
207, 208.