DMR.3.6.020 Request for Protective Placement

(a) A request for protective placement shall be combined with a guardianship petition under Subchapter DMR.3.5, unless a guardianship has already been created, in which case, the petition shall so state.

(b) If the petitioner seeks protective placement for the ward, the petition shall allege, and the petitioner shall prove by clear and convincing evidence the following:

(1) The ward has a primary need for residential care and custody.

(2) As a result of developmental disabilities, infirmities of aging, chronic mental illness or other like incapacities, the ward is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious harm to oneself or others. Serious harm may be occasioned by over acts of omission.

(3) The ward has a disability which is permanent or likely to be permanent.

(c) The physician's or psychologist's report required under Section DMR.3.5.060 shall also address the requirements listed in Section DMR.3.6.020(b), above in any case where protective placement is sought.

(d) If the Court orders a protective placement, it shall protectively place the ward in the least restrictive residential setting consistent with the needs of the ward.