(a) The Department of Human Services may petition the circuit court for an order of temporary custody for the purpose of having an adult evaluated if during the course of an investigation under the Adult and Long-Term Care Facility Resident Maltreatment Act, § 12-12-1701 et seq., the department determines that:
(1) Immediate removal is necessary to protect the adult from imminent danger to his or her health or safety;
(2) Available protective services have been offered to alleviate the danger and have been refused; and
(3) An adequate assessment of the following cannot be made in the adult's place of residence:
(A) The adult's capacity to comprehend the nature and consequences of remaining in the situation or condition; or
(B) The adult's mental or physical impairment and ability to protect himself or herself from adult maltreatment.
(b) Upon good cause being shown, the court may issue an order for temporary custody for the purpose of having the adult evaluated.
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