Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 1 - Adult Protective Services System › Section 149-1-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
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.
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 APS
				unit's 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.
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.
7.
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.
8.
Exploitation:
the illegal or
				improper use of an incapacitated or dependent adult or that adult's resources
				for another's profit or advantage.
9.
Incapacitated Adult:
as
				defined in
				22 M.R.S.
				§3472, any adult who is impaired by
				reason of mental illness, mental deficiency, physical illness or disability to
				the extent that that individual lacks sufficient understanding or capacity to
				make or communicate responsible decisions concerning that individual's person,
				or to the extent the adult cannot effectively manage or apply that individual's
				estate to necessary ends.
10.
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.
11.
Neglect:
a threat to an
				adult's health or welfare by physical or mental injury or impairment,
				deprivation of essential needs or lack of protection from these.
12.
Provider:
an agency
				licensed, funded, or regulated in whole or in part by the Department that
				provides support services to a Dependent or Incapacitated Adults) including
				adults with Intellectual Disabilities or Autism, except those presently
				servicing sentences for crime.
13.
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.
14.
Reportable Event:
any
				incident that falls into any of the categories listed in 14-197 C.M.R. ch. 12,
				§2(2)(A)(1) -(16).
15.
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.
16.
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; sexual abuse or sexual exploitation; or serious waste or dissipation
				of resources.