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Current as of January 01, 2023 | Updated by Findlaw Staff
(a) If the director determines that a disabled adult is in need of protective services, he shall immediately provide or arrange for the provision of protective services, provided that the disabled adult consents.
(b) When a caretaker of a disabled adult who consents to the receipt of protective services refuses to allow the provision of such services to the disabled adult, the director may petition the district court for an order enjoining the caretaker from interfering with the provision of protective services to the disabled adult. The petition must allege specific facts sufficient to show that the disabled adult is in need of protective services and consents to the receipt of protective services and that the caretaker refuses to allow the provision of such services. If the judge finds by clear, cogent, and convincing evidence that the disabled adult is in need of protective services and consents to the receipt of protective services and that the caretaker refuses to allow the provision of such services, he may issue an order enjoining the caretaker from interfering with the provision of protective services to the disabled adult.
(c) If a disabled adult does not consent to the receipt of protective services, or if he withdraws his consent, the services shall not be provided.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 108A. Social Services § 108A-104. Provision of protective services with the consent of the person; withdrawal of consent; caretaker refusal - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-108a-social-services/nc-gen-st-sect-108a-104/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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