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Adult Protective Services Act

An APS worker investigating the abuse is not allowed to tell a victim or perpetrator who made the report. The court shall hold a hearing to determine whether to renew the order. Prior to the expiration of the nonemergency protective services or protective placement, the department shall review the need for continued services or placement, including the necessity for appointment of a conservator or guardian, and shall make such recommendation to the court. Interference under this section shall not include efforts by a facility, provider or individual to establish whether there is reasonable cause to believe that there is adult abuse, neglect or exploitation, provided that the department is notified as soon as reasonable cause is established, whether or not the internal investigation has been concluded.

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In ordering nonemergency protective placement, the court shall give consideration to the choice of residence of the adult. An affidavit for an ex-parte order for emergency protective services or emergency protective placement may be signed by any person who has knowledge of the facts alleged or is informed of them and believes that they are true. Voluntary protective services; protective placement; penalty. Please enable scripts and reload this page. When, from personal observation of a law enforcement Adult Protective Services Act, it appears probable that an incapacitated adult will suffer immediate and irreparable physical injury or death if not immediately placed in a facility, that the adult is unable to give consent and that it is not possible due to the emergency nature of the circumstances to follow the procedures of Section NMSAthe law enforcement officer making that observation may transport the adult to a facility. The services provided to or the residence of an adult that had been established pursuant to an order for nonemergency protective services or protective placement shall not be changed unless the court authorizes the change of services or transfer of residence.




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Within ten days from the filing of a petition for an emergency order for protective services or protective placement, the court shall hold a hearing upon any application for renewal of the emergency order. The adult or the adult's legal representative may petition the court to order such a change of services or transfer of residence. The notice shall be in language reasonably understandable by the adult who is the subject of the petition and also shall be given orally if necessary. The department may assess and collect the penalty after notice and an opportunity for hearing, before a hearing officer designated by the department to hear the matter, upon a determination that a person willfully interfered with the department pursuant to this subsection. Anytime you have reasonable cause to believe a vulnerable adult has been subjected to abuse or neglect. For all legal proceedings called for in the Adult Protective Services Act [ NMSA ], attorneys for the department or the district attorney's office shall file all proceedings on behalf of the petitioner.


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The Rules of Evidence do not apply to the issuance of an emergency ex-parte protective services or protective placement order. The hearing officer has the power to administer oaths on request of any party and issue subpoenas and subpoenas duces tecum. The petition for nonemergency protective services or protective placement shall state with particularity the factual basis for the allegations specified in Subsection A of this section and shall be based on the most reliable information available to the petitioner. In ordering nonemergency protective placement, the court shall give consideration to the choice of residence of the adult.


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Adult Protective Services Act

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Any person failing or refusing to report, or obstructing or impeding any investigation, as required by Subsection A of this section is guilty of a misdemeanor. There are allegations of abuse, neglect, or exploitation, including self-neglect. Call the hour toll-free hotline at OR your local law enforcement. Emergency protective placement by a law enforcement officer without a court order.



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