- A. The department may petition the court for a non-emergency protective services/placement of an adult. The court may issue a non-emergency protective services/placement order based upon a petition and supporting medical, psychological and social evaluations of the adult.
- B. The APS attorney prepares the non-emergency protective services/placement petition based on information provided by the caseworker.
C. The department provides notice that a petition for non-emergency protective services/placement has been filed as follows:
(1) the adult receives written notice, in person, that a petition for non-emergency protective services/placement has been filed;
(2) notice is given at least 14 days prior to the scheduled hearing date;
(3) the adult’s attorney and anyone who has physical custody of the adult is given notice; notice is also given to the adult’s legal counsel, caretaker, guardian, conservator, surrogate, spouse, adult children or next of kin if such can be located with reasonable diligence.
- D. The department conducts or arranges for a comprehensive mental, psychological and social evaluation for the adult in a non-emergency petition.
- E. Prior to the expiration of the non-emergency protective services/placement, the department reviews the need for continued protective services/placement, including the need for a guardian or conservator. The department submits a report and recommendations to all persons who were served notice of the original petition, as appropriate.
- F. The department may petition the court for an extension of the protective services/placement order for a period not to exceed six months.
[8.11.5.16 NMAC - Rp, 8 NMAC 11.5.16, 10/30/08]