(1) If, upon arrival of the protective investigator, any person refuses to allow the department to begin a protective investigation, interferes with the department’s ability to conduct such an investigation, or refuses to give access to the vulnerable adult, the appropriate law enforcement agency must be contacted to assist the department in commencing the protective investigation.
(2) When any person refuses to allow the provision of protective services to the vulnerable adult who has the capacity to consent to services, the department shall petition the court for an order enjoining the person from interfering with the provision of protective services. The petition must allege specific facts sufficient to show that the vulnerable adult is in need of protective services and that the person refuses to allow the provision of such services. If the court finds by clear and convincing evidence that the vulnerable adult is in need of protective services and that the person refuses to allow the provision of such services, the court may issue an order enjoining the person from interfering with the provision of protective services to the vulnerable adult.
History.—s. 102, ch. 95-418; s. 35, ch. 2000-349.
Structure Florida Statutes
Chapter 415 - Adult Protective Services
415.101 - Adult Protective Services Act; Legislative Intent.
415.102 - Definitions of Terms Used in Ss. 415.101-415.113.
415.103 - Central Abuse Hotline.
415.105 - Provision of Protective Services With Consent; Withdrawal of Consent; Interference.
415.1052 - Interference With Investigation or With the Provision of Protective Services.
415.1055 - Notification to Administrative Entities.
415.106 - Cooperation by the Department and Criminal Justice and Other Agencies.
415.107 - Confidentiality of Reports and Records.
415.1071 - Release of Confidential Information.
415.1099 - Court and Witness Fees Not Allowed.
415.1102 - Adult Protection Teams.
415.1103 - Elder Abuse Fatality Review Teams.
415.1115 - Civil Actions Involving Elderly Parties; Speedy Trial.
415.113 - Statutory Construction; Treatment by Spiritual Means.