10-149 C.M.R. ch. 2, § 2 - DEFINITIONS

1. Abuse: the infliction of injury, Unreasonable Confinement, Intimidation or cruel punishment that Causes or is likely to Cause physical harm or pain or mental anguish; sexual abuse or sexual exploitation; financial exploitation; or the intentional, knowing or reckless deprivation of essential needs, through Acts or Omissions. Abuse may include a continuing pattern of behavior that cumulatively causes Abuse, Neglect, or Exploitation to the Incapacitated or Dependent Adult. An Act or Omission is "likely" to cause physical harm, pain, or mental anguish if physical harm, pain, or mental anguish are the probable result of the Act or Omission.

A. For the purposes of this definition of Abuse, the following terms mean:

1. Act: an intentional bodily movement;

2. Cause: to prompt an outcome that would not have occurred but for the action or omission;

3. Intimidation: the intentional act of coercing, with or without physical force, an Incapacitated or Dependent Adult to do something against such incapacitated or dependent person's wishes or best interests;

4. Omission: a purposeful failure to do something that one has a legal obligation to do;

5. Unreasonable Confinement: the solitary, involuntary confinement for any period of time of an Incapacitated or Dependent Adult in a room or specific area from which egress is denied by a locking mechanism or barrier.

2. Adult Protective Services (APS): the unit within the Department responsible for carrying out the requirements of 22 M.R.S. § 3473(2) and the Adult Protective Services requirements under 34-B M.R.S. § 5604-A(2), including receiving, promptly investigating, and determining the validity of reports of alleged Abuse, Neglect, or Exploitation of Incapacitated and Dependent Adults and reports of the substantial risk of Abuse, Neglect, or Exploitation of Incapacitated and Dependent Adults.

3. APS Caseworker: APS unit staff involved in investigating reports of Abuse, Neglect, or Exploitation of Incapacitated or Dependent Adults or the substantial risk thereof, conducting guardianship and conservatorship studies, and arranging for services and supports for APS clients, as appropriate.

4. APS Central Intake: the 24/7 telephone line through which Mandated Reports shall (and any individual may) report allegations of Abuse, Neglect, and Exploitation of an Incapacitated or Dependent Adult or the substantial risk thereof.

5. APS Investigation: the formal process of determining whether evidence supports a reported allegation of Abuse, Neglect, or Exploitation of a Dependent or Incapacitated Adult or the substantial risk thereof, which may involve reporting a matter to a licensing body or law enforcement, as appropriate.

6. APS Substantiation Registry: a registry maintained by the Department of persons for whom APS has substantiated reports of Abuse, Neglect, or Exploitation of Incapacitated or Dependent Adults.

7. Casework: any action taken by an APS Caseworker in conjunction with or following an APS Investigation or guardianship or conservatorship study to protect an Incapacitated or Dependent Adult, including providing or arranging for the provision of appropriate services.

8. Dependent Adult: as defined in 22 M.R.S. § 3472, an adult who has a physical or mental condition that substantially impairs the adult's ability to adequately provide for that adult's daily needs. Dependent Adult includes, but is not limited to, any of the following:

A. A resident of a nursing home that is licensed or required to be licensed under section 1817;

B. A resident of a facility providing assisted living licensed or required to be licensed pursuant to section 7801;

C. A person considered a dependent under Title 17-A, section 555; or

D. A person, regardless of where that person resides, who is wholly or partially dependent upon one or more other persons for care or support, either emotional or physical, because the person suffers from a significant limitation in mobility, vision, hearing or emotional or mental functioning.

9. Exploitation: the illegal or improper use of an Incapacitated or Dependent Adult or that adult's resources for another's profit or advantage.

10. Incapacitated Adult: as defined in 22 M.R.S. § 3472, an adult who is unable to receive and evaluate information or make or communicate informed decisions to such an extent that the adult lacks the ability to meet essential requirements for physical health, safety or self-care, even with reasonable available appropriate technological assistance.

11. Mandated Reporter: pursuant to 22 M.R.S. § 3477, a person required to report to the Department when the person knows or has reasonable cause to suspect that an Incapacitated or Dependent Adult has been or is likely to be Abused, Neglected, or Exploited.

12. Neglect: a Threat to an Incapacitated or Dependent Adult's health or Welfare of physical or mental injury or impairment, by deprivation of Essential Needs or lack of protection from these.

A. For the purposes of this definition of Neglect, the following terms mean:

1. Essential Needs: food, clothing, adequate shelter, and medical and mental health care and medications;

2. Threat: an Act or Omission that is likely to cause harm;

3. Welfare: the basic physical and material well-being of an Incapacitated or Dependent Adult.

13. Protection and Advocacy Agency: the agency that provides legal representation and other advocacy services to Incapacitated and Dependent Adults designated pursuant to 5 M.R.S. § 19505.

14. Provider: an agency licensed, funded, or regulated in whole or in part by the Department that provides support services to Dependent or Incapacitated Adults including adults with Intellectual Disabilities or Autism Spectrum Disorder, except those presently serving sentences for crime.

15. Report: information shared with APS Central Intake by a Reporter related to a concern about the health and welfare of an Incapacitated or Dependent Adult or an allegation of Abuse, Neglect, or Exploitation of an Incapacitated or Dependent Adult or the substantial risk thereof.

16. Reportable Event: any incident that falls into any of the categories listed in 14-197 C.M.R. Ch. 12, § 2(2)(A).

17. Reporter: any person who reports to the Department known or reasonably suspected Abuse, Neglect, or Exploitation of an Incapacitated or Dependent Adult or the substantial risk thereof whether or not the person is required to report as a Mandated Reporter.

18. Serious Harm: serious physical injury or impairment; serious mental injury or impairment that now or in the future is likely to be evidenced by serious mental, behavioral or personality disorder, including, but not limited to, severe anxiety, depression or withdrawal, untoward aggressive behavior or similar serious dysfunctional behavior; or sexual abuse or sexual exploitation.

19. Substantiation: a finding by a preponderance of the evidence that an individual Abused, Neglected, or Exploited an Incapacitated or Dependent Adult.

Notes

10-149 C.M.R. ch. 2, § 2