Louisiana § RS 15:1508 - Petition for hearing, criminal proceedings, and subpoenas

§ RS 15:1508. Petition for hearing, criminal proceedings, and subpoenas

A.  The district attorney or adult protective services agency may petition a court of competent civil jurisdiction for a hearing with respect to the alleged abuse or neglect.  The petitioner shall notify the adult of the hearing and the proposed action.  The adult shall be advised of his right to be represented by an attorney.

B.  The district attorney or adult protective services agency may apply for an order to:

(1)  Provide mandatory counseling for the parties involved to prevent further abuse or neglect of the adult.

(2)  Enjoin the parties contributing to the abuse or neglect of the adult from continuing such acts.

(3)  Have the adult receive a medical examination or psychiatric/psychological evaluation which will help to determine the least restrictive setting the adult may need.

(4)  Enjoin any party interfering with the provision of protective services to an adult from continuing such interference.

(5)  Provide protective services, if the adult lacks the capacity to consent to services, and the adult is suffering harm or deterioration or is likely to suffer harm or deterioration from abuse, neglect, or self-neglect, if protective services are not provided, and no other person authorized by law or by court order to give consent for the adult is available or willing to arrange for protective services.  Such an order shall specify the services needed to protect the adult, which may include medical treatment, social services, placement in a safer living situation, the services of law enforcement or emergency medical services to transport the adult to a treatment facility or safe living location and other services needed to protect the adult.  Such an order shall be effective for a period of one hundred eighty days, but an order may be renewed one time for another one hundred eighty days and thereafter annually upon a showing to the court that continuation of the order is necessary to prevent further harm to the adult.  However, admission to a mental health treatment facility shall be made only in accordance with the provisions of R.S. 28:1 et seq.

C.  The district attorney may likewise institute any criminal proceedings he deems appropriate in accordance with existing laws.

D.  Pursuant to Code of Criminal Procedure Article 66, the district attorney or the attorney general may cause to be issued a subpoena or subpoena duces tecum for the purpose of requiring a person having knowledge, written material, or other evidence pertinent to alleged abuse, neglect, or exploitation of the adult to produce such evidence to the district attorney, attorney general or the adult protection agency.

Acts 2008, No. 181, §2, eff. June 13, 2008.