209.020 Definitions for chapter. As used in this chapter, unless the context otherwise requires: <br>(1) "Secretary" means the secretary of the Cabinet for Health and Family Services; <br>(2) "Cabinet" means the Cabinet for Health and Family Services; <br>(3) "Department" means the Department for Community Based Services of the Cabinet for Health and Family Services; (4) "Adult" means a person eighteen (18) years of age or older who, because of mental or physical dysfunctioning, is unable to manage his or her own resources, carry out <br>the activity of daily living, or protect himself or herself from neglect, exploitation, <br>or a hazardous or abusive situation without assistance from others, and who may be <br>in need of protective services; (5) "Protective services" means agency services undertaken with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. <br>These services may include but are not limited to conducting investigations of <br>complaints of possible abuse, neglect, or exploitation to ascertain whether or not the <br>situation and condition of the adult in need of protective services warrants further <br>action; social services aimed at preventing and remedying abuse, neglect, and <br>exploitation; and services directed toward seeking legal determination of whether or <br>not the adult in need of protective services has been abused, neglected, or exploited <br>and to ensure that he or she obtains suitable care in or out of his or her home; (6) "Caretaker" means an individual or institution who has been entrusted with or who has the responsibility for the care of the adult as a result of family relationship, or <br>who has assumed the responsibility for the care of the adult person voluntarily or by <br>contract, employment, legal duty, or agreement; (7) "Deception" means but is not limited to: (a) Creating or reinforcing a false impression, including a false impression as to law, value, intention, or other state of mind; (b) Preventing another from acquiring information that would affect his or her judgment of a transaction; or (c) Failing to correct a false impression that the deceiver previously created or reinforced, or that the deceiver knows to be influencing another to whom the <br>person stands in a fiduciary or confidential relationship; (8) "Abuse" means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental <br>injury; (9) "Exploitation" means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar <br>means, with the intent to deprive the person of those resources; (10) "Investigation" shall include but is not limited to: (a) A personal interview with the individual reported to be abused, neglected, or exploited. When abuse or neglect is allegedly the cause of death, a coroner's or <br>doctor's report shall be examined as part of the investigation; (b) An assessment of individual and environmental risk and safety factors; <br>(c) Identification of the perpetrator, if possible; and <br>(d) Identification by the Office of Inspector General of instances of failure by an administrator or management personnel of a regulated or licensed facility to <br>adopt or enforce appropriate policies and procedures, if that failure <br>contributed to or caused an adult under the facility's care to be abused, <br>neglected, or exploited; (11) "Emergency" means that an adult is living in conditions which present a substantial risk of death or immediate and serious physical harm to himself or herself or others; (12) "Emergency protective services" are protective services furnished an adult in an emergency; (13) "Protective placement" means the transfer of an adult from his or her present living arrangement to another; (14) "Court" means the Circuit Court or the District Court if no judge of that Circuit Court is present in the county; (15) "Records" means the medical, mental, health, and financial records of the adult that are in the possession of any hospital, firm, corporation, or other facility, if necessary <br>to complete the investigation mandated in this chapter. These records shall not be <br>disclosed for any purpose other than the purpose for which they have been obtained; (16) "Neglect" means a situation in which an adult is unable to perform or obtain for himself or herself the goods or services that are necessary to maintain his or her <br>health or welfare, or the deprivation of services by a caretaker that are necessary to <br>maintain the health and welfare of an adult; and (17) "Authorized agency" means: (a) The Cabinet for Health and Family Services; <br>(b) A law enforcement agency or the Department of Kentucky State Police; <br>(c) The office of a Commonwealth's attorney or county attorney; or <br>(d) The appropriate division of the Office of the Attorney General. Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 85, sec. 242, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 294, effective June 20, 2005; and ch. 132, sec. 2, effective <br>June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 41, effective July 14, 2000. -- <br>Amended 1998 Ky. Acts ch. 370, sec. 1, effective July 15, 1998; and ch. 426, <br>sec. 239, effective July 15, 1998. -- Amended 1986 Ky. Acts ch. 56, sec. 1, effective <br>July 15, 1986. -- Amended 1980 Ky. Acts ch. 372, sec. 2, effective July 15, 1980. -- <br>Amended 1978 Ky. Acts ch. 370, sec. 2, effective June 17, 1978. -- Created 1976 Ky. <br>Acts ch. 157, sec. 3. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to <br>agencies and officers whose names have been changed in 2005 legislation confirming <br>the reorganization of the executive branch. Such a correction has been made in this <br>section. Legislative Research Commission Note (6/20/2005). Under 2005 Ky. Acts chs. 184, sec. 18, changes in the names of agencies and officers that are made in bills confirming a reorganization of the executive branch are to be codified only to the <br>extent those changes do not conflict with other 2005 amendments. Accordingly, an <br>amendment to this section in Acts ch. 132 prevails over a name change made in Acts <br>ch. 99.
209.020 Definitions for chapter. As used in this chapter, unless the context otherwise requires: <br>(1) "Secretary" means the secretary of the Cabinet for Health and Family Services; <br>(2) "Cabinet" means the Cabinet for Health and Family Services; <br>(3) "Department" means the Department for Community Based Services of the Cabinet for Health and Family Services; (4) "Adult" means a person eighteen (18) years of age or older who, because of mental or physical dysfunctioning, is unable to manage his or her own resources, carry out <br>the activity of daily living, or protect himself or herself from neglect, exploitation, <br>or a hazardous or abusive situation without assistance from others, and who may be <br>in need of protective services; (5) "Protective services" means agency services undertaken with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. <br>These services may include but are not limited to conducting investigations of <br>complaints of possible abuse, neglect, or exploitation to ascertain whether or not the <br>situation and condition of the adult in need of protective services warrants further <br>action; social services aimed at preventing and remedying abuse, neglect, and <br>exploitation; and services directed toward seeking legal determination of whether or <br>not the adult in need of protective services has been abused, neglected, or exploited <br>and to ensure that he or she obtains suitable care in or out of his or her home; (6) "Caretaker" means an individual or institution who has been entrusted with or who has the responsibility for the care of the adult as a result of family relationship, or <br>who has assumed the responsibility for the care of the adult person voluntarily or by <br>contract, employment, legal duty, or agreement; (7) "Deception" means but is not limited to: (a) Creating or reinforcing a false impression, including a false impression as to law, value, intention, or other state of mind; (b) Preventing another from acquiring information that would affect his or her judgment of a transaction; or (c) Failing to correct a false impression that the deceiver previously created or reinforced, or that the deceiver knows to be influencing another to whom the <br>person stands in a fiduciary or confidential relationship; (8) "Abuse" means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental <br>injury; (9) "Exploitation" means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar <br>means, with the intent to deprive the person of those resources; (10) "Investigation" shall include but is not limited to: (a) A personal interview with the individual reported to be abused, neglected, or exploited. When abuse or neglect is allegedly the cause of death, a coroner's or <br>doctor's report shall be examined as part of the investigation; (b) An assessment of individual and environmental risk and safety factors; <br>(c) Identification of the perpetrator, if possible; and <br>(d) Identification by the Office of Inspector General of instances of failure by an administrator or management personnel of a regulated or licensed facility to <br>adopt or enforce appropriate policies and procedures, if that failure <br>contributed to or caused an adult under the facility's care to be abused, <br>neglected, or exploited; (11) "Emergency" means that an adult is living in conditions which present a substantial risk of death or immediate and serious physical harm to himself or herself or others; (12) "Emergency protective services" are protective services furnished an adult in an emergency; (13) "Protective placement" means the transfer of an adult from his or her present living arrangement to another; (14) "Court" means the Circuit Court or the District Court if no judge of that Circuit Court is present in the county; (15) "Records" means the medical, mental, health, and financial records of the adult that are in the possession of any hospital, firm, corporation, or other facility, if necessary <br>to complete the investigation mandated in this chapter. These records shall not be <br>disclosed for any purpose other than the purpose for which they have been obtained; (16) "Neglect" means a situation in which an adult is unable to perform or obtain for himself or herself the goods or services that are necessary to maintain his or her <br>health or welfare, or the deprivation of services by a caretaker that are necessary to <br>maintain the health and welfare of an adult; and (17) "Authorized agency" means: (a) The Cabinet for Health and Family Services; <br>(b) A law enforcement agency or the Department of Kentucky State Police; <br>(c) The office of a Commonwealth's attorney or county attorney; or <br>(d) The appropriate division of the Office of the Attorney General. Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 85, sec. 242, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 294, effective June 20, 2005; and ch. 132, sec. 2, effective <br>June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 41, effective July 14, 2000. -- <br>Amended 1998 Ky. Acts ch. 370, sec. 1, effective July 15, 1998; and ch. 426, <br>sec. 239, effective July 15, 1998. -- Amended 1986 Ky. Acts ch. 56, sec. 1, effective <br>July 15, 1986. -- Amended 1980 Ky. Acts ch. 372, sec. 2, effective July 15, 1980. -- <br>Amended 1978 Ky. Acts ch. 370, sec. 2, effective June 17, 1978. -- Created 1976 Ky. <br>Acts ch. 157, sec. 3. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to <br>agencies and officers whose names have been changed in 2005 legislation confirming <br>the reorganization of the executive branch. Such a correction has been made in this <br>section. Legislative Research Commission Note (6/20/2005). Under 2005 Ky. Acts chs. 184, sec. 18, changes in the names of agencies and officers that are made in bills confirming a reorganization of the executive branch are to be codified only to the <br>extent those changes do not conflict with other 2005 amendments. Accordingly, an <br>amendment to this section in Acts ch. 132 prevails over a name change made in Acts <br>ch. 99.
209.020 Definitions for chapter. As used in this chapter, unless the context otherwise requires: <br>(1) "Secretary" means the secretary of the Cabinet for Health and Family Services; <br>(2) "Cabinet" means the Cabinet for Health and Family Services; <br>(3) "Department" means the Department for Community Based Services of the Cabinet for Health and Family Services; (4) "Adult" means a person eighteen (18) years of age or older who, because of mental or physical dysfunctioning, is unable to manage his or her own resources, carry out <br>the activity of daily living, or protect himself or herself from neglect, exploitation, <br>or a hazardous or abusive situation without assistance from others, and who may be <br>in need of protective services; (5) "Protective services" means agency services undertaken with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. <br>These services may include but are not limited to conducting investigations of <br>complaints of possible abuse, neglect, or exploitation to ascertain whether or not the <br>situation and condition of the adult in need of protective services warrants further <br>action; social services aimed at preventing and remedying abuse, neglect, and <br>exploitation; and services directed toward seeking legal determination of whether or <br>not the adult in need of protective services has been abused, neglected, or exploited <br>and to ensure that he or she obtains suitable care in or out of his or her home; (6) "Caretaker" means an individual or institution who has been entrusted with or who has the responsibility for the care of the adult as a result of family relationship, or <br>who has assumed the responsibility for the care of the adult person voluntarily or by <br>contract, employment, legal duty, or agreement; (7) "Deception" means but is not limited to: (a) Creating or reinforcing a false impression, including a false impression as to law, value, intention, or other state of mind; (b) Preventing another from acquiring information that would affect his or her judgment of a transaction; or (c) Failing to correct a false impression that the deceiver previously created or reinforced, or that the deceiver knows to be influencing another to whom the <br>person stands in a fiduciary or confidential relationship; (8) "Abuse" means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental <br>injury; (9) "Exploitation" means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar <br>means, with the intent to deprive the person of those resources; (10) "Investigation" shall include but is not limited to: (a) A personal interview with the individual reported to be abused, neglected, or exploited. When abuse or neglect is allegedly the cause of death, a coroner's or <br>doctor's report shall be examined as part of the investigation; (b) An assessment of individual and environmental risk and safety factors; <br>(c) Identification of the perpetrator, if possible; and <br>(d) Identification by the Office of Inspector General of instances of failure by an administrator or management personnel of a regulated or licensed facility to <br>adopt or enforce appropriate policies and procedures, if that failure <br>contributed to or caused an adult under the facility's care to be abused, <br>neglected, or exploited; (11) "Emergency" means that an adult is living in conditions which present a substantial risk of death or immediate and serious physical harm to himself or herself or others; (12) "Emergency protective services" are protective services furnished an adult in an emergency; (13) "Protective placement" means the transfer of an adult from his or her present living arrangement to another; (14) "Court" means the Circuit Court or the District Court if no judge of that Circuit Court is present in the county; (15) "Records" means the medical, mental, health, and financial records of the adult that are in the possession of any hospital, firm, corporation, or other facility, if necessary <br>to complete the investigation mandated in this chapter. These records shall not be <br>disclosed for any purpose other than the purpose for which they have been obtained; (16) "Neglect" means a situation in which an adult is unable to perform or obtain for himself or herself the goods or services that are necessary to maintain his or her <br>health or welfare, or the deprivation of services by a caretaker that are necessary to <br>maintain the health and welfare of an adult; and (17) "Authorized agency" means: (a) The Cabinet for Health and Family Services; <br>(b) A law enforcement agency or the Department of Kentucky State Police; <br>(c) The office of a Commonwealth's attorney or county attorney; or <br>(d) The appropriate division of the Office of the Attorney General. Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 85, sec. 242, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 294, effective June 20, 2005; and ch. 132, sec. 2, effective <br>June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 41, effective July 14, 2000. -- <br>Amended 1998 Ky. Acts ch. 370, sec. 1, effective July 15, 1998; and ch. 426, <br>sec. 239, effective July 15, 1998. -- Amended 1986 Ky. Acts ch. 56, sec. 1, effective <br>July 15, 1986. -- Amended 1980 Ky. Acts ch. 372, sec. 2, effective July 15, 1980. -- <br>Amended 1978 Ky. Acts ch. 370, sec. 2, effective June 17, 1978. -- Created 1976 Ky. <br>Acts ch. 157, sec. 3. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to <br>agencies and officers whose names have been changed in 2005 legislation confirming <br>the reorganization of the executive branch. Such a correction has been made in this <br>section. Legislative Research Commission Note (6/20/2005). Under 2005 Ky. Acts chs. 184, sec. 18, changes in the names of agencies and officers that are made in bills confirming a reorganization of the executive branch are to be codified only to the <br>extent those changes do not conflict with other 2005 amendments. Accordingly, an <br>amendment to this section in Acts ch. 132 prevails over a name change made in Acts <br>ch. 99.
