52-3-804. Duties of department. (1) The department shall investigate reports of abuse, sexual abuse, neglect, or exploitation received pursuant to 52-3-811(1)(a).
     (2) The department of public health and human services shall prepare an annual report of the information obtained pursuant to the reporting requirement of this part.
     (3) The department shall, when appropriate, provide protective services under Title 52, chapter 3, part 2, for an older person or a person with a developmental disability alleged to have been abused, sexually abused, neglected, or exploited.
     (4) If a person alleged to be abused, sexually abused, neglected, or exploited pursuant to this part or the person's caretaker refuses to allow a representative of the department entrance to the premises for the purpose of investigating a report made pursuant to 52-3-811(1)(a), the district court in the county where the person is found may order a law enforcement officer or a department social worker to enter the premises to conduct an investigation upon finding that there is probable cause to believe that the person is abused, sexually abused, neglected, or exploited.
     (5) If a representative of the department has reasonable grounds to believe that an older person or person with a developmental disability alleged to be abused, sexually abused, or neglected is suffering from abuse, sexual abuse, or neglect that presents a substantial risk of death or serious physical injury, the department may:
     (a) provide voluntary protective services as provided in subsection (3); or
     (b) if the department representative has reasonable grounds to believe that the person is incapacitated, provide emergency protective services as follows:
     (i) arrange or facilitate an appropriate emergency protective service placement;
     (ii) transport or arrange for the transport of the person to the appropriate placement;
     (iii) not later than 2 judicial days following placement of the person, either:
     (A) provide voluntary protective services as provided under subsection (3); or
     (B) petition the district court to act as temporary guardian or appoint a temporary guardian as provided in 72-5-317.

     History: En. Sec. 9, Ch. 623, L. 1983; amd. Sec. 11, Ch. 609, L. 1987; amd. Sec. 4, Ch. 198, L. 1989; Sec. 53-5-504, MCA 1989; redes. 52-3-804 by Code Commissioner, 1991; amd. Sec. 2, Ch. 716, L. 1991; amd. Sec. 3, Ch. 167, L. 1993; amd. Sec. 4, Ch. 465, L. 1995; amd. Sec. 363, Ch. 546, L. 1995.