§346-222  Definitions.  For the purposesof this part:

"Abuse" means any of the following,separately or in combination:

(1)  Physical abuse;

(2)  Psychological abuse;

(3)  Sexual abuse;

(4)  Financial exploitation;

(5)  Caregiver neglect; or

(6)  Self-neglect;

each as further defined in this chapter.  Abuse doesnot include, and a determination of abuse shall not be based solely on,physical, psychological, or financial conditions that result when a vulnerableadult seeks, or when a caregiver provides or permits to be provided, treatmentwith the express consent of the vulnerable adult or in accordance with thevulnerable adult's religious or spiritual practices.

"Capacity" means the ability tounderstand and appreciate the nature and consequences of making decisionsconcerning one's person or to communicate these decisions.

"Caregiver" means any person who hasknowingly and willingly assumed, on a part-time or full-time basis, the care,supervision, or physical control of, or who has a legal or contractual duty tocare for the health, safety, and welfare of a vulnerable adult.

"Caregiver neglect" means the failureof a caregiver to exercise that degree of care for a vulnerable adult that areasonable person with the responsibility of a caregiver would exercise withinthe scope of the caregiver's assumed, legal or contractual duties, includingbut not limited to the failure to:

(1)  Assist with personal hygiene;

(2)  Protect the vulnerable adult from abandonment;

(3)  Provide, in a timely manner, necessary food,shelter, or clothing;

(4)  Provide, in a timely manner, necessary healthcare, access to health care, prescribed medication, psychological care,physical care, or supervision;

(5)  Protect the vulnerable adult from dangerous,harmful, or detrimental drugs, as defined in section 712-1240; provided thatthis paragraph shall not apply to drugs that are provided to the vulnerableadult pursuant to the direction or prescription of a practitioner, as definedin section 712-1240;

(6)  Protect the vulnerable adult from health andsafety hazards; or

(7)  Protect the vulnerable adult from abuse by thirdparties.

"Court" means the family court.

"Department" means the department ofhuman services and its authorized representatives.

"Director" means the director ofhuman services.

"Emergency medical treatment" meansany service necessary to maintain a person's physical health and without whichthere is a reasonable belief that the person will suffer irreparable harm ordeath.

"Financial exploitation" means thewrongful taking, withholding, appropriation, or use of a vulnerable adult'smoney, real property, or personal property, including but not limited to:

(1)  The breach of a fiduciary duty, such as themisuse of a power of attorney or the misuse of guardianship privileges,resulting in the unauthorized appropriation, sale, or transfer of property;

(2)  The unauthorized taking of personal assets;

(3)  The misappropriation or misuse of moneysbelonging to the vulnerable adult from a personal or joint account; or

(4)  The failure to effectively use a vulnerableadult's income and assets for the necessities required for the vulnerableadult's support and maintenance, by a person with a duty to expend income andassets on behalf of the vulnerable adult for such purposes.

Financial exploitation may be accomplished throughcoercion, manipulation, threats, intimidation, misrepresentation, or exertionof undue influence.

"Party" means those persons, careorganizations, or care facilities entitled to notice of proceedings undersections 346-237 and 346-238, including any state department or agency that isproviding services and treatment to a vulnerable adult in accordance with aprotective services plan.

"Physical abuse" means:

(1)  The nonaccidental infliction of physical orbodily injury, pain, or impairment, including but not limited to hitting,slapping, causing burns or bruises, poisoning, or improper physical restraint;or

(2)  Causing physical injuries that are notjustifiably explained or where the history given for an injury is at variancewith the degree or type of injury.

"Protective services plan" means aspecific written plan, prepared by the department, that sets forth the specificservices and treatment to be provided to a vulnerable adult.

"Psychological abuse" means theinfliction of mental or emotional distress by use of threats, insults,harassment, humiliation, provocation, intimidation, or other means thatprofoundly confuse or frighten a vulnerable adult.

"Self-neglect" means:

(1)  A vulnerable adult's inability or failure, due tophysical or mental impairment, or both, to perform tasks essential to caringfor oneself, including but not limited to:

(A)  Obtaining essential food, clothing,shelter, and medical care;

(B)  Obtaining goods and services reasonablynecessary to maintain minimum standards of physical health, mental health,emotional well-being, and general safety; or

(C)  Management of one's financial assets andobligations to accomplish the activities in subparagraphs (A) and (B); and

(2)  The vulnerable adult appears to lack sufficientunderstanding or capacity to make or communicate responsible decisions andappears to be exposed to a situation or condition that poses an immediate riskof death or serious physical harm.

"Sexual abuse" means nonconsensualsexual contact or conduct caused by another person, including but not limitedto:

(1)  Sexual assault, molestation, sexual fondling,incest, or prostitution; or

(2)  Pornographic photographing, filming, ordepiction.

"Vulnerable adult" means a personeighteen years of age or older who, because of mental, developmental, orphysical impairment, is unable to:

(1)  Communicate or make responsible decisions tomanage the person's own care or resources;

(2)  Carry out or arrange for essential activities ofdaily living; or

(3)  Protect oneself from abuse, as defined in thispart. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §1; am L 2008,c 154, §4]