Navigating the legal requirements applicable to adult protective services (APS) court proceedings can be challenging, given the expedited nature of the cases, the different types of orders the court may issue, and the varying legal standards and timelines that apply to each order. The urgent and often emergency-driven nature of APS cases adds further complexity to the process. That’s why we developed a new resource designed to assist county department of social services (DSS) directors, social workers, and attorneys—along with court officials and other professionals involved in APS —better understand the essential steps in a court proceeding to obtain an order for APS protective and emergency services.

Why This Matters

Under North Carolina law (G.S. 108A-14(a)(14)), it is the duty of DSS directors to receive and evaluate reports to reports of abuse, neglect, or exploitation of disabled adults. Upon receipt of a report, DSS will conduct an initial review of the report (commonly referred to as “screening the report”) to determine whether the person who is the subject of the report is (1) a disabled adult; (2) in need of protective services; and (3) subject to abuse, neglect, or exploitation. See G.S. 108A-103(a). Each of these terms is defined in G.S. 108A-101. If the report is screened in because it meets these criteria, DSS is required to make a prompt and thorough evaluation to further determine whether the disabled adult is in need of protective services and what services are needed. G.S. 108A-103(a). If DSS substantiates the report and the need for protective services, then DSS will immediately provide or arrange for the provision of protective services, provided that the disabled adult consents. G.S. 108A-104(a).

If the disabled adult lacks the capacity to consent to protective services, DSS may seek a court order authorizing the provision of protective services. G.S. 108A-105(a). If an emergency exists, DSS may seek an order for the provision of emergency services. G.S. 108A-106(a). Under certain circumstances, the emergency order may be obtained ex parte (without notice to the disabled adult). G.S. 108A-106(d). Each of these orders provides legal authorization to secure the necessary services to protect the disabled adult from abuse, neglect, or exploitation. These court orders can be crucial to ensure that a disabled adult receives the care and protection they need when they are subject to abuse, neglect, or exploitation and unable to consent or make decisions for themselves.

New Resource: The APS Court Order Flow Chart

 The recently released flow chart, Obtaining a Court Order for the Provision of Protective and Emergency Services for a Disabled Adult, is designed to help break-down the process of obtaining court orders for protective and emergency services and to clarify the sequence of APS court proceedings.

• Digital Copy: A digital copy of the guide is available for download from our website for free.
• Hard Copy: If you prefer a printed version, you can purchase a hard copy of the flow chart for $6.00 through the School of Government’s online bookstore. Click here to purchase.

Have Questions? Reach Out

 If you have any questions, need further clarification, or would like to provide feedback on the flow chart, feel free to reach out to Meredith Smith at meredith.smith@sog.unc.edu.