Md. Code Regs. 07.02.16.12

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.02.16.12 - Emergency Procedures

A. Petition.

(1) When a local department of social services determines that the conditions set forth in Regulation .11A exist except for statements by two authorized licensed health professionals and, in addition, determines that an emergency exists, the local department shall file a petition for services to address the emergency.

(2) Whenever a local department is informed that a law enforcement officer has transported an adult to a health care facility because, from personal observation, the officer believes it is possible that the adult will suffer immediate and serious physical injury or death, the director shall within 24 hours of notification file a petition.

(3) The petition shall include a statement of the facts demonstrating that an emergency exists and that the local department has attempted without success to obtain the person's consent to services.

B. A court order authorizing emergency services is in effect for a maximum of 144 hours. However, in accord with Estates and Trusts Article, §13-709(c)(5), Annotated Code of Maryland, the court may extend the terms of the emergency order until appointment of a guardian of the individual pursuant to Estates and Trusts Article, §13-705, Annotated Code of Maryland.

C. When protective services are given on the basis of an emergency order, the temporary guardian shall file a report with the court of the services given.

D. The local department of social services shall in each case of emergency services determine whether a continuing guardianship is required.

E. When an emergency petition is filed on a person 65 years old or older, the local department shall advise the Secretary of Aging or the Secretary's designee or the director of the local office on aging or the director's designee of the filing so that the Secretary or the director or their assigned designees have an opportunity to attend the hearing on the petition and to develop a service plan. This notice may be given by telephone.

Md. Code Regs. 07.02.16.12

Regulation .12B amended effective January 17, 1994 (21:1 Md. R. 29)
Regulation .12A, E amended effective July 28, 2008 (35:15 Md. R. 1347)