Idaho Statutes
pecnv.out

TITLE 39
HEALTH AND SAFETY
CHAPTER 53
ADULT ABUSE, NEGLECT AND EXPLOITATION ACT
39-5302.  Definitions. For the purposes of this chapter:
(1)  "Abuse" means the intentional or negligent infliction of physical pain, injury or mental injury.
(2)  "Caretaker" means any individual or institution that is responsible by relationship, contract, or court order to provide food, shelter or clothing, medical or other life-sustaining necessities to a vulnerable adult.
(3)  "Commission" means the Idaho commission on aging, established pursuant to chapter 50, title 67, Idaho Code.
(4)  "Contractor" means an area agency on aging and its duly authorized agents and employees providing adult protection services pursuant to a contract with the commission in accordance with section 67-5011, Idaho Code. The commission designates area agencies on aging pursuant to 42 U.S.C.A. 3025(a)(2)(A) and may establish by rule when duties or obligations under this chapter may be fulfilled by an area agency on aging.
(5)  "Department" means the Idaho department of health and welfare.
(6)  "Emergency" means an exigent circumstance in which a vulnerable adult’s health and safety is placed in imminent danger. Imminent danger is when death or severe bodily injury could reasonably be expected to occur without intervention.
(7)  "Exploitation" means an action which may include, but is not limited to, the unjust or improper use of a vulnerable adult’s financial power of attorney, funds, property, or resources by another person for profit or advantage.
(8)  "Neglect" means failure of a caretaker to provide food, clothing, shelter or medical care reasonably necessary to sustain the life and health of a vulnerable adult, or the failure of a vulnerable adult to provide those services for himself.
(9)  "Supportive services" means noninvestigatory remedial, social, legal, health, educational, mental health and referral services provided to a vulnerable adult.
(10) "Vulnerable adult" means a person eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation due to physical or mental impairment which affects the person’s judgment or behavior to the extent that he lacks sufficient understanding or capacity to make or communicate or implement decisions regarding his person.
Nothing in this chapter shall be construed to mean a person is abused, neglected, or exploited for the sole reason he is relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination; nor shall the provisions of this chapter be construed to require any medical care or treatment in contravention of the stated or implied objection of such a person.

History:
[(39-5302) 1982, ch. 286, sec. 2, p. 734; am. and redesignated 1991, ch. 329, sec. 3, p. 847; am. 1996, ch. 78, sec. 1, p. 247; am. 1998, ch. 308, sec. 3, p. 1020; am. 2008, ch. 209, sec. 2, p. 663.]


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