Involuntary Action

Involuntary Action. In the case that the caseworker and the caseworker’s supervisor have determined that the following conditions all exist: 1. That all reasonable efforts have been expended to secure the consent of a vulnerable person and those efforts have failed, and 2. That reasonable cause exists that the vulnerable person is being abused, neglected or exploited, and 3. The vulnerable person lacks the capacity to consent to voluntary services, then the designated officials at APS may petition the court for and order to provide protective services (§43-47-13). In the case that the caseworker and the caseworker’s supervisor have determined the vulnerable person consents to protective services and it is also determined that the caretaker of that person is interfering with the provision of protective services, APS may petition the court for an order enjoining the caretaker from interference (§43-47-11).