New Jersey § 52:27d-413

§ 52:27d-413.

a. If the county director or his designee reasonably determines that an emergency

exists and the vulnerable adult refuses or is unable to consent to the protective

services, the county director or his designee shall petition a court of competent

jurisdiction for an order authorizing the provision of protective services. The petition shall set forth the name, age and residence of the adult; the nature

of the emergency; the proposed protective services; and facts sufficient to show

that (1) the adult is a vulnerable adult in need of protective services as a result

of abuse, neglect or exploitation; (2) the adult, without protective services, will

incur a clear and substantial risk of death or immediate physical harm; (3) the adult

refuses or is unable to consent to the protective services; and (4) no other person

authorized by law or court order to give consent for the adult is available and willing

to arrange for protective services. b. The court shall set the case for hearing within 24 hours of receipt of a petition

pursuant to this section. The adult has the right to an attorney of his choice, or the court shall appoint

counsel. Every reasonable effort shall be made to provide notice of the hearing, including

a copy of the petition, to the adult, his attorney, his legal guardian, his spouse

or, if none, to his adult children or next of kin, and his caretaker, if any, prior

to the hearing. A reasonable effort shall be made to provide for the participation of the adult

at the hearing. c. The court may waive the notice requirement and schedule an ex parte hearing immediately

upon receipt of the petition if the court finds that there is a clear and substantial

risk to the adult of death or irreparable injury if the order were delayed. d. If at the hearing, the judge finds by clear and convincing evidence that (1) the

adult is a vulnerable adult in need of protective services as a result of abuse, neglect

or exploitation; (2) the adult, without protective services, will incur a clear and

substantial risk of death or immediate physical harm; (3) the adult refuses or is

unwilling to consent to services; and (4) no other person authorized by law or court

order to give consent for the adult is available and willing to arrange for protective

services; an order authorizing the provision of protective services shall be issued. The order may designate an individual or organization responsible for the provision

or arrangement of protective services for the adult. e. The court shall order only such protective services as are necessary to remove

the conditions creating the emergency. f. An emergency order entered under this section by the court may not exceed 72 hours. The county director or his designee, upon determining that continued services are

necessary to prevent death or serious physical harm, may apply for continuation of

the order for an additional 72-hour period, if a guardian has not been named. If an emergency order is entered ex parte, the vulnerable adult or any other party,

on behalf of the vulnerable adult, may petition the court to have the order modified

or vacated, and the court shall consider the petition on an emergent basis.