Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 14.--REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS
39-1430.Abuse, neglect or exploitation of certainadults; definitions.As used in this act:
(a) "Adult" means an individual 18 years of age or olderalleged to be unable to protect their own interest and who isharmed or threatened with harm, whether financial, mental or physical innature, through action or inaction by either another individual or throughtheir own action or inaction when (1) such person is residing in such person'sown home, the home of a family member or the home of a friend, (2) such personresides in an adult family home as defined in K.S.A. 39-1501 and amendmentsthereto, or (3) such person is receiving services through a provider ofcommunity services and affiliates thereof operated or funded by the departmentof social and rehabilitation services or the department on aging or aresidential facility licensed pursuant to K.S.A. 75-3307b and amendmentsthereto. Such term shall not include persons to whom K.S.A. 39-1401 etseq. and amendments thereto apply.
(b) "Abuse" means any act or failure to act performed intentionally orrecklessly that causes or is likely to cause harm to an adult, including:
(1) Infliction of physical or mental injury;
(2) any sexual act with an adult when the adult does not consent or when theother person knows or should know that the adult is incapable of resisting ordeclining consent to the sexual act due to mental deficiency or disease or dueto fear of retribution or hardship;
(3) unreasonable use of a physical restraint, isolation or medication thatharms or is likely to harm an adult;
(4) unreasonable use of a physical or chemical restraint, medication orisolation as punishment, for convenience, in conflict with a physician's ordersor as a substitute for treatment, except where such conduct or physicalrestraint is in furtherance of the health and safety of the adult;
(5) a threat or menacing conduct directed toward an adult that results ormight reasonably be expected to result in fear or emotional or mental distressto an adult;
(6) fiduciary abuse; or
(7) omission or deprivation by a caretaker or another person of goods orservices which are necessary to avoid physical or mental harm or illness.
(c) "Neglect" means the failure or omission by one's self, caretaker oranother person with a duty to supply or provide goods or serviceswhich are reasonably necessary to ensure safety and well-being and to avoidphysical or mental harm or illness.
(d) "Exploitation" means misappropriation of an adult's property orintentionally taking unfair advantage of an adult's physicalor financial resources for another individual's personal or financialadvantage by the use of undue influence, coercion, harassment, duress,deception, false representation or false pretense by a caretaker or anotherperson.
(e) "Fiduciary abuse" means a situation in which any person who is thecaretaker of, or who stands in a position of trust to, an adult, takes,secretes, or appropriates their money or property, to any use or purposenot in the due and lawful execution of such person's trust or benefit.
(f) "In need of protective services" means that an adult is unable toprovide for or obtain services which are necessary to maintain physical ormental health or both.
(g) "Services which are necessary to maintain physical or mental healthor both" include, but are not limited to, the provision of medical care forphysical and mental health needs, the relocation of an adult to a facilityor institution able to offer such care, assistance in personal hygiene,food, clothing, adequately heated and ventilated shelter, protection fromhealth and safety hazards, protection from maltreatment the result of whichincludes, but is not limited to, malnutrition, deprivation of necessitiesor physical punishment and transportation necessary to secure any of theabove stated needs, except that this term shall not include taking suchperson into custody without consent except as provided in this act.
(h) "Protective services" means services provided by the state or othergovernmental agency or by private organizations or individuals which arenecessary to prevent abuse, neglect or exploitation. Such protectiveservices shall include, but shall not be limited to, evaluation of the needfor services, assistance in obtaining appropriate social services, andassistance in securing medical and legal services.
(i) "Caretaker" means a person who has assumed the responsibility, whetherlegally or not, for an adult's care or financial management or both.
(j) "Secretary" means the secretary of social and rehabilitation services.
(k) "Report" means a description or accounting of an incident or incidentsof abuse, neglect or exploitation under this act and for the purposes of thisact shall not include any written assessment or findings.
(l) "Law enforcement" means the public office which is vested by law with theduty to maintain public order, make arrests for crimes, investigate criminalacts and file criminal charges, whether that duty extends to all crimes or islimited to specific crimes.
(m) "Involved adult" means the adult who is the subject of a report ofabuse, neglect or exploitation under this act.
(n) "Legal representative," "financial institution" and "governmentalassistance provider" shall have the meanings ascribed thereto in K.S.A.39-1401, and amendments thereto.
No person shall be considered to be abused, neglected or exploited or inneed of protective services for the sole reason that such person reliesupon spiritual means through prayer alone for treatment in accordance withthe tenets and practices of a recognized church or religious denominationin lieu of medical treatment.
History: L. 1989, ch. 129, § 1;L. 1998, ch. 200, § 8;L. 2003, ch. 91, § 11; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 14.--REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS
39-1430.Abuse, neglect or exploitation of certainadults; definitions.As used in this act:
(a) "Adult" means an individual 18 years of age or olderalleged to be unable to protect their own interest and who isharmed or threatened with harm, whether financial, mental or physical innature, through action or inaction by either another individual or throughtheir own action or inaction when (1) such person is residing in such person'sown home, the home of a family member or the home of a friend, (2) such personresides in an adult family home as defined in K.S.A. 39-1501 and amendmentsthereto, or (3) such person is receiving services through a provider ofcommunity services and affiliates thereof operated or funded by the departmentof social and rehabilitation services or the department on aging or aresidential facility licensed pursuant to K.S.A. 75-3307b and amendmentsthereto. Such term shall not include persons to whom K.S.A. 39-1401 etseq. and amendments thereto apply.
(b) "Abuse" means any act or failure to act performed intentionally orrecklessly that causes or is likely to cause harm to an adult, including:
(1) Infliction of physical or mental injury;
(2) any sexual act with an adult when the adult does not consent or when theother person knows or should know that the adult is incapable of resisting ordeclining consent to the sexual act due to mental deficiency or disease or dueto fear of retribution or hardship;
(3) unreasonable use of a physical restraint, isolation or medication thatharms or is likely to harm an adult;
(4) unreasonable use of a physical or chemical restraint, medication orisolation as punishment, for convenience, in conflict with a physician's ordersor as a substitute for treatment, except where such conduct or physicalrestraint is in furtherance of the health and safety of the adult;
(5) a threat or menacing conduct directed toward an adult that results ormight reasonably be expected to result in fear or emotional or mental distressto an adult;
(6) fiduciary abuse; or
(7) omission or deprivation by a caretaker or another person of goods orservices which are necessary to avoid physical or mental harm or illness.
(c) "Neglect" means the failure or omission by one's self, caretaker oranother person with a duty to supply or provide goods or serviceswhich are reasonably necessary to ensure safety and well-being and to avoidphysical or mental harm or illness.
(d) "Exploitation" means misappropriation of an adult's property orintentionally taking unfair advantage of an adult's physicalor financial resources for another individual's personal or financialadvantage by the use of undue influence, coercion, harassment, duress,deception, false representation or false pretense by a caretaker or anotherperson.
(e) "Fiduciary abuse" means a situation in which any person who is thecaretaker of, or who stands in a position of trust to, an adult, takes,secretes, or appropriates their money or property, to any use or purposenot in the due and lawful execution of such person's trust or benefit.
(f) "In need of protective services" means that an adult is unable toprovide for or obtain services which are necessary to maintain physical ormental health or both.
(g) "Services which are necessary to maintain physical or mental healthor both" include, but are not limited to, the provision of medical care forphysical and mental health needs, the relocation of an adult to a facilityor institution able to offer such care, assistance in personal hygiene,food, clothing, adequately heated and ventilated shelter, protection fromhealth and safety hazards, protection from maltreatment the result of whichincludes, but is not limited to, malnutrition, deprivation of necessitiesor physical punishment and transportation necessary to secure any of theabove stated needs, except that this term shall not include taking suchperson into custody without consent except as provided in this act.
(h) "Protective services" means services provided by the state or othergovernmental agency or by private organizations or individuals which arenecessary to prevent abuse, neglect or exploitation. Such protectiveservices shall include, but shall not be limited to, evaluation of the needfor services, assistance in obtaining appropriate social services, andassistance in securing medical and legal services.
(i) "Caretaker" means a person who has assumed the responsibility, whetherlegally or not, for an adult's care or financial management or both.
(j) "Secretary" means the secretary of social and rehabilitation services.
(k) "Report" means a description or accounting of an incident or incidentsof abuse, neglect or exploitation under this act and for the purposes of thisact shall not include any written assessment or findings.
(l) "Law enforcement" means the public office which is vested by law with theduty to maintain public order, make arrests for crimes, investigate criminalacts and file criminal charges, whether that duty extends to all crimes or islimited to specific crimes.
(m) "Involved adult" means the adult who is the subject of a report ofabuse, neglect or exploitation under this act.
(n) "Legal representative," "financial institution" and "governmentalassistance provider" shall have the meanings ascribed thereto in K.S.A.39-1401, and amendments thereto.
No person shall be considered to be abused, neglected or exploited or inneed of protective services for the sole reason that such person reliesupon spiritual means through prayer alone for treatment in accordance withthe tenets and practices of a recognized church or religious denominationin lieu of medical treatment.
History: L. 1989, ch. 129, § 1;L. 1998, ch. 200, § 8;L. 2003, ch. 91, § 11; July 1.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 14.--REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS
39-1430.Abuse, neglect or exploitation of certainadults; definitions.As used in this act:
(a) "Adult" means an individual 18 years of age or olderalleged to be unable to protect their own interest and who isharmed or threatened with harm, whether financial, mental or physical innature, through action or inaction by either another individual or throughtheir own action or inaction when (1) such person is residing in such person'sown home, the home of a family member or the home of a friend, (2) such personresides in an adult family home as defined in K.S.A. 39-1501 and amendmentsthereto, or (3) such person is receiving services through a provider ofcommunity services and affiliates thereof operated or funded by the departmentof social and rehabilitation services or the department on aging or aresidential facility licensed pursuant to K.S.A. 75-3307b and amendmentsthereto. Such term shall not include persons to whom K.S.A. 39-1401 etseq. and amendments thereto apply.
(b) "Abuse" means any act or failure to act performed intentionally orrecklessly that causes or is likely to cause harm to an adult, including:
(1) Infliction of physical or mental injury;
(2) any sexual act with an adult when the adult does not consent or when theother person knows or should know that the adult is incapable of resisting ordeclining consent to the sexual act due to mental deficiency or disease or dueto fear of retribution or hardship;
(3) unreasonable use of a physical restraint, isolation or medication thatharms or is likely to harm an adult;
(4) unreasonable use of a physical or chemical restraint, medication orisolation as punishment, for convenience, in conflict with a physician's ordersor as a substitute for treatment, except where such conduct or physicalrestraint is in furtherance of the health and safety of the adult;
(5) a threat or menacing conduct directed toward an adult that results ormight reasonably be expected to result in fear or emotional or mental distressto an adult;
(6) fiduciary abuse; or
(7) omission or deprivation by a caretaker or another person of goods orservices which are necessary to avoid physical or mental harm or illness.
(c) "Neglect" means the failure or omission by one's self, caretaker oranother person with a duty to supply or provide goods or serviceswhich are reasonably necessary to ensure safety and well-being and to avoidphysical or mental harm or illness.
(d) "Exploitation" means misappropriation of an adult's property orintentionally taking unfair advantage of an adult's physicalor financial resources for another individual's personal or financialadvantage by the use of undue influence, coercion, harassment, duress,deception, false representation or false pretense by a caretaker or anotherperson.
(e) "Fiduciary abuse" means a situation in which any person who is thecaretaker of, or who stands in a position of trust to, an adult, takes,secretes, or appropriates their money or property, to any use or purposenot in the due and lawful execution of such person's trust or benefit.
(f) "In need of protective services" means that an adult is unable toprovide for or obtain services which are necessary to maintain physical ormental health or both.
(g) "Services which are necessary to maintain physical or mental healthor both" include, but are not limited to, the provision of medical care forphysical and mental health needs, the relocation of an adult to a facilityor institution able to offer such care, assistance in personal hygiene,food, clothing, adequately heated and ventilated shelter, protection fromhealth and safety hazards, protection from maltreatment the result of whichincludes, but is not limited to, malnutrition, deprivation of necessitiesor physical punishment and transportation necessary to secure any of theabove stated needs, except that this term shall not include taking suchperson into custody without consent except as provided in this act.
(h) "Protective services" means services provided by the state or othergovernmental agency or by private organizations or individuals which arenecessary to prevent abuse, neglect or exploitation. Such protectiveservices shall include, but shall not be limited to, evaluation of the needfor services, assistance in obtaining appropriate social services, andassistance in securing medical and legal services.
(i) "Caretaker" means a person who has assumed the responsibility, whetherlegally or not, for an adult's care or financial management or both.
(j) "Secretary" means the secretary of social and rehabilitation services.
(k) "Report" means a description or accounting of an incident or incidentsof abuse, neglect or exploitation under this act and for the purposes of thisact shall not include any written assessment or findings.
(l) "Law enforcement" means the public office which is vested by law with theduty to maintain public order, make arrests for crimes, investigate criminalacts and file criminal charges, whether that duty extends to all crimes or islimited to specific crimes.
(m) "Involved adult" means the adult who is the subject of a report ofabuse, neglect or exploitation under this act.
(n) "Legal representative," "financial institution" and "governmentalassistance provider" shall have the meanings ascribed thereto in K.S.A.39-1401, and amendments thereto.
No person shall be considered to be abused, neglected or exploited or inneed of protective services for the sole reason that such person reliesupon spiritual means through prayer alone for treatment in accordance withthe tenets and practices of a recognized church or religious denominationin lieu of medical treatment.
History: L. 1989, ch. 129, § 1;L. 1998, ch. 200, § 8;L. 2003, ch. 91, § 11; July 1.
