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§43A-10-103.
§43A-10-103.
A. When used in the Protective Services for Vulnerable Adults Act:
1. "Protective services" means services which are necessary to aid a
vulnerable adult in meeting the essential requirements for mental or
physical health and safety which such person is unable to provide or
obtain without assistance and includes services provided to or
obtained for such person in order to prevent or remedy the abuse,
neglect, or exploitation of such person;
2. "Services which are necessary to aid an individual to meet
essential requirements for mental or physical health and safety"
include but shall not be limited to the identification of vulnerable
adults in need of the services, the provision of medical care for
physical and mental health needs, provision of social services
assistance in personal hygiene, food, clothing, adequately heated and
ventilated shelter, protection from health and safety hazards,
protection from physical mistreatment, guardianship referral, outreach
and transportation necessary to secure any of such needs. The term
shall not include taking the person into physical custody without the
consent of the person except as provided for in Section 10-107 of this
title, and evaluation, monitoring, and provision of protective
placements;
3. "Meet essential requirements for mental or physical health and
safety" means those actions necessary to provide the health care,
food, shelter, clothing, personal hygiene and other care without which
physical injury or illness is likely to occur;
4. "Incapacitated person" means:
a. any person eighteen (18) years of age or older who is impaired by
reason of mental or physical illness or disability, dementia or
related disease, mental retardation, developmental disability or other
cause and whose ability to receive and evaluate information
effectively or to make and to communicate responsible decisions is
impaired to such an extent that they lack the capacity to manage their
financial resources or to meet essential requirements for their mental
or physical health or safety without assistance from others, or
b. a person for whom a guardian, limited guardian, or conservator has
been appointed pursuant to the Oklahoma Guardianship and
Conservatorship Act;
5. "Vulnerable adult" means an individual who is an incapacitated
person or who, because of physical or mental disability, incapacity,
or other disability, is substantially impaired in the ability to
provide adequately for the care or custody of self, or is unable to
manage his or her property and financial affairs effectively, or to
meet essential requirements for mental or physical health or safety,
or to protect self from abuse, neglect, or exploitation without
assistance from others;
6. "Caretaker" means a person who has:
a. the responsibility for the care of the person or financial
management of the resources of the vulnerable adult as a result of a
family relationship,
b. assumed the responsibility for the care of the vulnerable adult
voluntarily, by contract, or as a result of the ties of friendship, or
c. been appointed a guardian, limited guardian, or conservator
pursuant to the Oklahoma Guardianship and Conservatorship Act;
7. "Department" means the Department of Human Services;
8. "Abuse" means the intentional infliction of physical pain, injury,
sexual abuse, or mental anguish or the deprivation of food, clothing,
shelter, or medical care to a vulnerable adult by a caretaker or other
person responsible for providing these services;
9. "Exploitation" or "exploit" means an unjust or improper use of the
resources of a vulnerable adult for the profit or advantage, pecuniary
or otherwise, of a person other than the vulnerable adult through the
use of undue influence, coercion, harassment, duress, deception, false
representation or false pretense;
10. "Neglect" means the failure to provide protection for a vulnerable
adult who is unable to protect the person's own interest; or the
failure to provide adequate shelter or clothing; or the harming or
threatening with harm through action or inaction by either another
individual or through the person's own action or inaction because of a
lack of awareness, incompetence, or incapacity, which has resulted or
may result in physical or mental injury; and
11. "Sexual abuse" means oral, anal, or vaginal penetration by or
union with the sexual organ of another, or the anal or vaginal
penetration of another by any other object or, for the purpose of
sexual gratification, the touching or feeling of the body or private
parts of another.
B. Nothing in this section shall be construed to mean a vulnerable
adult is abused or neglected for the sole reason the vulnerable adult,
in good faith, selects and depends upon spiritual means alone through
prayer, in accordance with the practices of a recognized religious
method of healing, for the treatment or cure of disease or remedial
care, or a caretaker or other person responsible, in good faith, is
furnishing such vulnerable adult spiritual means alone through prayer,
in accordance with the tenets and practices of a recognized church or
religious denomination, for the treatment or cure of disease or
remedial care in accordance with the practices of or express consent
of the vulnerable adult.
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