New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 11 - ADULT PROTECTIVE SERVICES
Part 5 - ADULT PROTECTIVE SERVICES LEGAL
Section 8.11.5.15 - EMERGENCY PLACEMENT BY A LAW ENFORCEMENT OFFICER

Universal Citation: 8 NM Admin Code 8.11.5.15

Current through Register Vol. 35, No. 18, September 24, 2024

A. The department may contact law enforcement to transport an incapacitated adult to an appropriate facility, without a court order, for an emergency placement.

(1) Law enforcement makes the determination that the emergency placement is required based upon law enforcement's personal observation and judgment in accordance with the Adult Protective Services Act.

(2) The department need not be present for the emergency removal to occur.

(3) The department is available upon request of law enforcement to accompany the officer to:
(a) help assess the adult's situation;

(b) assist in arranging suitable transporting; and

(c) help the officer locate and arrange an appropriate placement.

(4) Absent a court order allowing the caseworker to transport the adult, only a law enforcement officer is authorized to transport or delegate transport of an adult to an appropriate placement.

B. The APS attorney files a petition and affidavit in district court supporting the need for emergency placement within two working days following the emergency placement, and shall mail or deliver written notice to the person(s) specified in Subsection C of 8.11.5.13 NMAC, when the following conditions have been met:

(1) the department is informed of and concurs with the officer's decision to place the adult; and

(2) the department has determined the statutory requirements of the Adult Protective Services Act regarding emergency protective placements by law enforcement officer have been met.

C. A court hearing is held within ten days from the date the petition is filed to review the emergency removal and placement and to consider any department request for an extension or renewal of the original emergency order.

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