[§346-222]  Definitions.

     "Abuse" means actual or imminent physical injury, psychological abuse or neglect, sexual abuse, financial exploitation, negligent treatment, or maltreatment as further defined in this chapter.

     Abuse occurs where:

     (1)  Any dependent adult exhibits evidence of:

         (A)  Substantial or multiple skin bruising or any other internal bleeding;

         (B)  Any injury to skin causing substantial bleeding;

         (C)  Malnutrition;

         (D)  A burn or burns;

         (E)  Poisoning;

         (F)  The fracture of any bone;

          (G)  A subdural hematoma;

         (H)  Soft tissue swelling;

         (I)  Extreme physical pain; or

         (J)  Extreme mental distress which includes a consistent pattern of actions or verbalizations including threats, insults, or harassment, that humiliates, provokes, intimidates, confuses, and frightens the dependent adult;

          and the injury is not justifiably explained, or where the history given is at variance with the degree or type of injury, or circumstances indicate that the injury is not the product of an accidental occurrence;

     (2)  Any dependent adult has been the victim of nonconsensual sexual contact or conduct, including but not limited to:

         (A)  Sexual assault, molestation, sexual fondling, incest, prostitution;

         (B)  Obscene or pornographic photographing, filming, or depiction; or

         (C)  Other similar forms of sexual exploitation;

     (3)  Any dependent adult is not provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision;

     (4)  Any dependent adult is provided with dangerous, harmful, or detrimental drugs as defined by section 712-1240; however, this paragraph shall not apply when such drugs are provided to the dependent adult pursuant to the direction or prescription of a practitioner, as defined in section 712-1240;

     (5)  There has been a failure to exercise that degree of care toward a dependent adult which a reasonable person with the responsibility of a caregiver would exercise, including, but not limited to, failure to:

         (A)  Assist in personal hygiene;

         (B)  Provide necessary food, shelter, and clothing;

         (C)  Provide necessary health care, access to health care, or prescribed medication;

         (D)  Protect a dependent adult from health and safety hazards; or

         (E)  Protect against acts of abuse by third parties;

     (6)  Any dependent adult appears to lack sufficient understanding or capacity to make or communicate responsible decisions concerning the dependent adult's person, and appears to be exposed to a situation or condition which poses an imminent risk of death or risk of serious physical harm; or

     (7)  There is financial and economic exploitation.  For the purpose of this part, "financial and economic exploitation" means the wrongful or negligent taking, withholding, misappropriation, or use of a dependent adult's money, real property, or personal property.  "Financial and economic exploitation" can include but is not limited to:

         (A)  Breaches of fiduciary relationships such as the misuse of a power of attorney or the abuse of guardianship privileges, resulting in the unauthorized appropriation, sale, or transfer of property;

         (B)  The unauthorized taking of personal assets;

         (C)  The misappropriation, misuse, or transfer of moneys belonging to the dependent adult from a personal or joint account; or

         (D)  The intentional or negligent failure to effectively use a dependent adult's income and assets for the necessities required for the person's support and maintenance.

          The exploitations may involve coercion, manipulation, threats, intimidation, misrepresentation, or exertion of undue influence.

     "Capacity" means the ability to understand and appreciate the nature and consequences of making decisions concerning one's person or to communicate such decisions.

     "Court" means the family court having jurisdiction over a matter under this part.

     "Department" means the department of human services and its authorized representatives.

     "Dependent adult" means any adult who, because of mental or physical impairment is dependent upon another person, a care organization, or a care facility for personal health, safety, or welfare.

     "Emergency medical treatment" means those services necessary to maintain a person's physical health and without which there is a reasonable belief that the person will suffer irreparable harm or death.

     "Imminent abuse" means that there exists reasonable cause to believe that abuse will occur or recur within the next ninety days.

     "Party" means those persons, care organizations, or care facilities entitled to notice of proceedings under sections 346-237 and 346-238, including any state department or agency that is providing services and treatment to a dependent adult in accordance with a protective services plan.

     "Protective services plan" means a specific written plan, prepared by the department, setting forth the specific services and treatment to be provided to a dependent adult. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §1]