Alabama Administrative Code › Title 660 - ALABAMA DEPARTMENT OF HUMAN RESOURCES › Chapter 660-5-41 - PROTECTIVE SERVICES FOR ADULTS › Section 660-5-41-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The following definitions shall apply to this rule:
(a) "Adult in Need of Protective Services" is
			 a person 18 years of age or older whose behavior indicates that he is mentally
			 incapable of adequately caring for himself and his interests without serious
			 consequences to himself or others, or who because of physical or mental
			 impairment, is unable to protect himself from abuse, neglect or exploitation by
			 others, and who has no guardian or relatives or other appropriate person able,
			 willing and available to assume the kind and degree of protection and
			 supervision required under the circumstances.
(b) "Caregiver" is an individual who has the
			 responsibility for the care of the elderly or handicapped person as a result of
			 family relationship or who has assumed the responsibility for the care of the
			 person voluntarily, by contract or as a result of the ties of
			 friendship.
(c) "Other Like
			 Incapacities" are conditions incurred as the result of accident or mental or
			 physical illness, producing a condition which substantially impairs an
			 individual from adequately providing for his own care or protecting his own
			 interests or protecting himself from physical or mental injury or
			 abuse.
(d) "Neurodegenerative
			 Disease" is relating to or being a progressive loss of neurologic
			 function.
(e) "Abuse" is the
			 infliction of physical pain, injury, or the willful deprivation by a caretaker
			 or other person of services necessary to maintain mental and physical
			 health.
(f) "Emotional Abuse" is
			 the willful or reckless infliction of emotional or mental anguish or the use of
			 a physical or chemical restraint, medication or isolation as punishment or as a
			 substitute for treatment or care of any protected person.
(g) "Neglect" is the failure of a caretaker
			 to provide food, shelter, clothing, medical services, and health care for the
			 person unable to care for himself; or the failure of the person to provide
			 these basic needs for himself when the failure is the result of the person's
			 mental or physical inability.
(h)
			 "Exploit" is the expenditure, diminution or use of the property, assets or
			 resources of a person subject to protection under the provisions of
Code of Ala. 1975
, §§
								38-9-1 through -11, without the
			 express voluntary consent of that person or his legally authorized
			 representative.
(i) "Protected
			 Person" is any person over 18 years of age subject to protection under the
			 provisions of
Code of Ala. 1975
, §§
								38-9-2 through 22, or any person
			 including but not limited to persons with neurodegenerative disease, persons
			 with intellectual disabilities, and developmental disabilities or any person
			 over 18 years of age that is mentally or physically incapable of adequately
			 caring for himself or herself and his or her interests without serious
			 consequences to himself, herself or others.
(j) "Protective Services" are those services
			 whose objective is to protect an incapacitated person from himself and from
			 others.
(k) "Department" is the
			 Department of Human Resources of the State of Alabama.
(l) "Court" is the circuit court.
(m) "Physical Injury" is the impairment of
			 physical condition or substantial pain.
(n) "Serious Physical Injury" is a physical
			 injury which creates a risk of death, or which causes serious and protracted
			 disfigurement, protracted impairment of health or protracted loss or the
			 impairment of the function of any bodily organ.
(o) "Person" is any natural human
			 being.
(p) "Intentionally." A
			 person acts intentionally with respect to a result or to conduct described by a
			 statute defining an offense, when his purpose is to cause that result or to
			 engage in that conduct.
(q)
			 "Recklessly." A person acts recklessly with respect to a result or to a
			 circumstance described by a statute defining an offense when he is aware of and
			 consciously disregards a substantial and unjustifiable risk that the result
			 will occur or that the circumstance exists. The risk must be of such nature and
			 degree that disregard thereof constitutes a gross deviation from the standard
			 conduct that a reasonable person would observe in the situation. A person who
			 creates a risk but is unaware thereof solely by reason of voluntary
			 intoxication, as defined in subdivision (e)(2) of §
								13A-3-2, acts recklessly with
			 respect thereto. (Acts 1977, No. 780, p. 1340, §2; Acts 1989, No. 89-825,
			 §1.)
Author:
Audrey Peterson
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-2-6,
				  38-9-1 through -11.