§43A-10-103v1.

§43A-10-103v1.
   
   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 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;
   
   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 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 or who has
   assumed the responsibility for the care of the vulnerable adult
   voluntarily, by contract, or as a result of the ties of friendship;
   
   7. "Department" means the Department of Human Services;
   
   8. "Abuse" means the intentional infliction of physical pain, injury,
   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" 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.