KRS 209.130: Ex parte order of court -- Implementation.

(1) When from an affidavit or sworn testimony of an authorized representative of the

cabinet, it appears probable that an adult will suffer immediate and irreparable

physical injury or death if protective services are not immediately provided, and it

appears t hat the adult is incapable of giving consent, the court may assume

jurisdiction and issue an ex parte order providing that certain specific protective

services be provided the adult. The court shall not authorize such protective services

except those speci fically designed to remove the adult from conditions of

immediate and irreparable physical injury or death. A copy of the order shall be

served upon the adult and his guardian, or if none, his caretaker. Service shall not be

made upon the person or caretak er who is believed to have perpetrated the abuse,

neglect, or exploitation.

(2) To implement an ex parte order, the court may authorize forcible entry of the

premises of the adult for the purpose of rendering protective services or transporting

the adult to another location for the provision of such services. Authorized forcible

entry shall be accomplished by a peace officer accompanied by a representative of

the cabinet.

(3) Upon the issuance of an ex parte order, the cabinet must file a petition as soon a s

possible. A hearing must be held within seventy -two (72) hours, exclusive of

Saturdays and Sundays, from the issuance of an ex parte order.