No such proceeding

Typically, an adult with capacity must consent to protective services, but the department is authorized to pursue other legal matters on the adult’s behalf.

N.D. Cent. Code § 50-25.2-06 states, “If the department or the department’s designee determines that a vulnerable adult demonstrates a need for adult protective services, the department or the department’s designee shall provide, or arrange for the provision of, adult protective services, provided the vulnerable adult consents to and accepts the services.”

However, if the adult does not have the capacity to consent, or if their caregiver refuses access to the adult for the purposes of service proviison, “the department or the department’s designee may pursue any administrative, legal, and other remedies authorized by law which are necessary and appropriate under the circumstances to protect the vulnerable adult and prevent further abuse or neglect…” § 50-25.2-07.  Legal remedies that the department is authorized to seek are the following: 

1. The appointment of a guardian under chapter 30.1-28 or a conservator under chapter 30.1-29;
2. A restraining order or other court order necessary under the circumstances;
3. The removal of an abusive or neglectful guardian or conservator and appointment of a suitable person as guardian or conservator, pursuant to sections 30.1-28-07 and 30.1-29-15;
4. The provision of appropriate treatment under chapter 25-03.1;
5. The criminal prosecution of the individual responsible for the abuse or neglect; and
6. Any other available administrative, legal, or other remedies on behalf of the vulnerable adult.

N.D. Cent. Code § 50-25.2-07.  

To learn more about the right to counsel in these related matters, including in adult guardianship/conservatorship and civil commitment cases, visit North Dakota’s state page.