§ 5-115. Emergency.
A. The Court shall issue an emergency protection order authorizing protective services or protective placement on an emergency basis upon petition supported by clear and convincing evidence that:
1. An elder is at risk of immediate (physical) harm;
2. An elder is incapacitated and cannot consent to protective services;
3. No one is authorized by law or court order to give consent on an emergency basis; and
4. An emergency exists.
B. The emergency protective order shall:
1. Set out the specific emergency services to be provided to the elder to remove the conditions creating the emergency;
2. Provide only those services which will remove the emergency;
3. Allow protective placement only if the evidence shows that it is necessary;
4. Designate the agency required to implement the order;
5. Be issued for a maximum of seventy-two (72) hours and may be renewed only once for a maximum of seventy-two (72) hours provided the evidence shows that the emergency is continuing.
C. The Court may authorize forcible entry by the Osage Nation Police to enforce the emergency protection order after it has been shown that attempts to gain voluntary access to the elder have failed.
D. The petition for an emergency protection order shall contain the name and interest of the petitioner; the name, address, location, and condition of the elder; the nature of the emergency; the nature of the elder’s incapacity; the proposed protective services, and where applicable, the protective placement; the attempts, if any, to secure the elder’s consent to services; and any other facts the petitioner believes will assist the Court.
E. The Court shall hold a hearing on a petition to provide protective services or placement to an elder within seventy-two (72) hours after an emergency protection order is issued, weekends and holidays excluded.
F. An emergency protection order can be set aside by the Court upon a petition of any party showing good cause.
G. If there is good cause to believe that an emergency exists and that an elder is at risk of immediate and irreparable harm and, based upon professional observation, an investigator or a law enforcement officer believes that the elder will be irreparably harmed during the time an emergency protection order is being secured, the investigator or law enforcement officer shall immediately protect the elder, including, where necessary, transporting the elder for medical treatment or to an appropriate facility. Immediately after the elder is protected, a petition for an emergency protection order shall be filed and the procedures set out in this section shall be followed.
H. Any person who acts in good faith pursuant to this section is immune from any civil or criminal lawsuit based upon that person’s actions.