§ 11-5-12 Abuse, neglect and/orexploitation of adults with severe impairments. – (a) Any person primarily responsible for the care of an adult with severeimpairments who shall willfully and knowingly abuse, neglect or exploit thatadult shall be subject to a fine of not more than two thousand dollars($2,000), or imprisoned not more than five (5) years, or both, and ordered tomake full restitution of any funds as the result of any exploitation whichresults in the misappropriation of funds. Every person convicted of or placedon probation for violation of this section shall be ordered by the sentencingjudge to attend appropriate professional counseling to address his or herabusive behavior.
(b) As used in this section:
(1) "Abuse" means the subjection of an adult with a severeimpairment to willful infliction of physical pain, willful deprivation ofservices necessary to maintain the physical or mental health of the person, orunreasonable confinement.
(2) "Adult with severe impairments" means a person over theage of eighteen (18) who has a disability which is attributable to a mental orphysical impairment or combination of mental and physical impairments andresults in substantial functional limitations in one or more of the followingareas of major life activity: (i) mobility; (ii) self-care; (iii)communication; (iv) receptive and/or expressive language; (v) learning; (vi)self-direction; (vii) capacity for independent living; or (viii) economicself-sufficiency.
(3) "Exploitation" means an act or process of takingpecuniary advantage of impaired persons by use of undue influence, harassment,duress, deception, false representation, false pretenses, or misappropriationof funds.
(4) "Neglect" means the willful refusal to provide servicesnecessary to maintain the physical or mental health of an adult with severeimpairments.
(5) "Person primarily responsible for care" or "caregiver"means any person who is for a significant period of time the primary caregiveror is primarily responsible for the management of the funds of an adult withsevere impairments.
(c) Violations of this section shall be reported to the localpolice department.
(d) After July 1, 2007 pursuant to section 40-8.5-2, thelocal police department may request the department of mental health,retardation, and hospitals provide crisis intervention services for the adultvictim with severe impairments when:
(1) necessary to ensure the immediate health and safety ofthe adult victim; and
(2) the adult victim relies on the person believed to havecommitted the abuse, neglect and/or exploitation, for assistance in performingthree (3) or more major life activities.
(e) Any person who fails to report known or suspected abuseor neglect shall be guilty of a misdemeanor and upon conviction shall besubject to a fine of not more than five hundred dollars ($500).
(f) Nothing in this section shall be interpreted to apply tothe discontinuance of life-support systems or life-sustaining treatment for anadult for whom, if the treatment were terminated, death may result.
(g) Any person participating in good faith in making a reportpursuant to this chapter, excluding any perpetrator or conspirator of the acts,shall have immunity from any civil liability that might otherwise be incurredor imposed.
(h) Nothing in this section shall be interpreted to prohibitthe use of any medical or psychological treatment procedure designed andconducted in accordance with applicable professional standards when performedby appropriately trained personnel under the supervision of a person orfacility licensed or approved by the state of Rhode Island and when any consentas is required by law has been obtained.
(i) Nothing in this chapter shall be construed to mean aperson is abused or neglected for the sole reason that the person is beingfurnished or relies upon treatment by spiritual means through prayer alone inaccordance with the tenets and practices of a church or religious denominationrecognized by the laws of this state.
(j) Nothing in this chapter shall be construed to mean aperson is abused or neglected when the parent or legal guardian of an adultwith severe impairments, who is the person primarily responsible for care ofthe adult, (1) decides, in good faith, not to accept support services from agovernmental agency, which in the opinion of the parent or legal guardian andthe adult, is considered to be inappropriate or inconsistent with the bestinterests of that adult; or (2) decides, in good faith, to reduce ordiscontinue assistance to that adult who is developing, acquiring or practicingindependent decision-making or living skills.
§ 11-5-12 Abuse, neglect and/orexploitation of adults with severe impairments. – (a) Any person primarily responsible for the care of an adult with severeimpairments who shall willfully and knowingly abuse, neglect or exploit thatadult shall be subject to a fine of not more than two thousand dollars($2,000), or imprisoned not more than five (5) years, or both, and ordered tomake full restitution of any funds as the result of any exploitation whichresults in the misappropriation of funds. Every person convicted of or placedon probation for violation of this section shall be ordered by the sentencingjudge to attend appropriate professional counseling to address his or herabusive behavior.
(b) As used in this section:
(1) "Abuse" means the subjection of an adult with a severeimpairment to willful infliction of physical pain, willful deprivation ofservices necessary to maintain the physical or mental health of the person, orunreasonable confinement.
(2) "Adult with severe impairments" means a person over theage of eighteen (18) who has a disability which is attributable to a mental orphysical impairment or combination of mental and physical impairments andresults in substantial functional limitations in one or more of the followingareas of major life activity: (i) mobility; (ii) self-care; (iii)communication; (iv) receptive and/or expressive language; (v) learning; (vi)self-direction; (vii) capacity for independent living; or (viii) economicself-sufficiency.
(3) "Exploitation" means an act or process of takingpecuniary advantage of impaired persons by use of undue influence, harassment,duress, deception, false representation, false pretenses, or misappropriationof funds.
(4) "Neglect" means the willful refusal to provide servicesnecessary to maintain the physical or mental health of an adult with severeimpairments.
(5) "Person primarily responsible for care" or "caregiver"means any person who is for a significant period of time the primary caregiveror is primarily responsible for the management of the funds of an adult withsevere impairments.
(c) Violations of this section shall be reported to the localpolice department.
(d) After July 1, 2007 pursuant to section 40-8.5-2, thelocal police department may request the department of mental health,retardation, and hospitals provide crisis intervention services for the adultvictim with severe impairments when:
(1) necessary to ensure the immediate health and safety ofthe adult victim; and
(2) the adult victim relies on the person believed to havecommitted the abuse, neglect and/or exploitation, for assistance in performingthree (3) or more major life activities.
(e) Any person who fails to report known or suspected abuseor neglect shall be guilty of a misdemeanor and upon conviction shall besubject to a fine of not more than five hundred dollars ($500).
(f) Nothing in this section shall be interpreted to apply tothe discontinuance of life-support systems or life-sustaining treatment for anadult for whom, if the treatment were terminated, death may result.
(g) Any person participating in good faith in making a reportpursuant to this chapter, excluding any perpetrator or conspirator of the acts,shall have immunity from any civil liability that might otherwise be incurredor imposed.
(h) Nothing in this section shall be interpreted to prohibitthe use of any medical or psychological treatment procedure designed andconducted in accordance with applicable professional standards when performedby appropriately trained personnel under the supervision of a person orfacility licensed or approved by the state of Rhode Island and when any consentas is required by law has been obtained.
(i) Nothing in this chapter shall be construed to mean aperson is abused or neglected for the sole reason that the person is beingfurnished or relies upon treatment by spiritual means through prayer alone inaccordance with the tenets and practices of a church or religious denominationrecognized by the laws of this state.
(j) Nothing in this chapter shall be construed to mean aperson is abused or neglected when the parent or legal guardian of an adultwith severe impairments, who is the person primarily responsible for care ofthe adult, (1) decides, in good faith, not to accept support services from agovernmental agency, which in the opinion of the parent or legal guardian andthe adult, is considered to be inappropriate or inconsistent with the bestinterests of that adult; or (2) decides, in good faith, to reduce ordiscontinue assistance to that adult who is developing, acquiring or practicingindependent decision-making or living skills.
§ 11-5-12 Abuse, neglect and/orexploitation of adults with severe impairments. – (a) Any person primarily responsible for the care of an adult with severeimpairments who shall willfully and knowingly abuse, neglect or exploit thatadult shall be subject to a fine of not more than two thousand dollars($2,000), or imprisoned not more than five (5) years, or both, and ordered tomake full restitution of any funds as the result of any exploitation whichresults in the misappropriation of funds. Every person convicted of or placedon probation for violation of this section shall be ordered by the sentencingjudge to attend appropriate professional counseling to address his or herabusive behavior.
(b) As used in this section:
(1) "Abuse" means the subjection of an adult with a severeimpairment to willful infliction of physical pain, willful deprivation ofservices necessary to maintain the physical or mental health of the person, orunreasonable confinement.
(2) "Adult with severe impairments" means a person over theage of eighteen (18) who has a disability which is attributable to a mental orphysical impairment or combination of mental and physical impairments andresults in substantial functional limitations in one or more of the followingareas of major life activity: (i) mobility; (ii) self-care; (iii)communication; (iv) receptive and/or expressive language; (v) learning; (vi)self-direction; (vii) capacity for independent living; or (viii) economicself-sufficiency.
(3) "Exploitation" means an act or process of takingpecuniary advantage of impaired persons by use of undue influence, harassment,duress, deception, false representation, false pretenses, or misappropriationof funds.
(4) "Neglect" means the willful refusal to provide servicesnecessary to maintain the physical or mental health of an adult with severeimpairments.
(5) "Person primarily responsible for care" or "caregiver"means any person who is for a significant period of time the primary caregiveror is primarily responsible for the management of the funds of an adult withsevere impairments.
(c) Violations of this section shall be reported to the localpolice department.
(d) After July 1, 2007 pursuant to section 40-8.5-2, thelocal police department may request the department of mental health,retardation, and hospitals provide crisis intervention services for the adultvictim with severe impairments when:
(1) necessary to ensure the immediate health and safety ofthe adult victim; and
(2) the adult victim relies on the person believed to havecommitted the abuse, neglect and/or exploitation, for assistance in performingthree (3) or more major life activities.
(e) Any person who fails to report known or suspected abuseor neglect shall be guilty of a misdemeanor and upon conviction shall besubject to a fine of not more than five hundred dollars ($500).
(f) Nothing in this section shall be interpreted to apply tothe discontinuance of life-support systems or life-sustaining treatment for anadult for whom, if the treatment were terminated, death may result.
(g) Any person participating in good faith in making a reportpursuant to this chapter, excluding any perpetrator or conspirator of the acts,shall have immunity from any civil liability that might otherwise be incurredor imposed.
(h) Nothing in this section shall be interpreted to prohibitthe use of any medical or psychological treatment procedure designed andconducted in accordance with applicable professional standards when performedby appropriately trained personnel under the supervision of a person orfacility licensed or approved by the state of Rhode Island and when any consentas is required by law has been obtained.
(i) Nothing in this chapter shall be construed to mean aperson is abused or neglected for the sole reason that the person is beingfurnished or relies upon treatment by spiritual means through prayer alone inaccordance with the tenets and practices of a church or religious denominationrecognized by the laws of this state.
(j) Nothing in this chapter shall be construed to mean aperson is abused or neglected when the parent or legal guardian of an adultwith severe impairments, who is the person primarily responsible for care ofthe adult, (1) decides, in good faith, not to accept support services from agovernmental agency, which in the opinion of the parent or legal guardian andthe adult, is considered to be inappropriate or inconsistent with the bestinterests of that adult; or (2) decides, in good faith, to reduce ordiscontinue assistance to that adult who is developing, acquiring or practicingindependent decision-making or living skills.
