New Jersey § 52:27d-414

§ 52:27d-414.

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

adult will incur a substantial risk of physical harm or deterioration without protective

services, and the adult refuses or is unable to consent to the 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 proposed

protective services; and facts sufficient to show that: (1) the adult is a vulnerable

adult in need of the services as a result of abuse, neglect or exploitation; (2)

the adult will incur a substantial risk of physical harm or deterioration without

protective services; (3) the adult refuses or is unable to consent to the 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 three court days after the filing

of the petition. The adult has the right to an attorney of his choice or the court shall appoint

counsel. If the vulnerable adult refuses protective services, the court may issue an order

requiring a psychiatric or psychological assessment or examination to determine the

vulnerable adult's understanding or capacity, and the nature of or reason for the

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

at the hearing. If there has been an assessment or an examination, the psychiatrist or the psychologist

shall prepare and provide a report to the court and to the attorney for the vulnerable

adult. d. If, at the hearing, the judge finds by clear and convincing evidence that (1) the

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

or exploitation; (2) the adult will incur a substantial risk of physical harm or

deterioration without protective services; (3) the adult refuses or is unable to

consent to the services; (4) that no other person authorized by law or court order

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

and (5) if there has been an assessment or an examination, that the report of the

psychiatrist or psychologist states that the vulnerable adult lacks the understanding

or capacity to refuse the protective services, an order authorizing the provision

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

of, arrangement for, or consent for protective services on behalf of the adult. e. A protective services order shall not exceed 30 days but may be continued for an

additional 30-day period upon application of the county director or his designee and

proof that the vulnerable adult would suffer a substantial risk of physical harm or

deterioration if the protective services were withdrawn. The court shall not grant any further renewal of the order.