Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part I - General Administration › Subpart 13 - Protective Services Agency › Chapter 171 - Division of Adult Protective Services › Section I-17105 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				  of this Chapter, the following definitions shall apply.
Abandonment
- the desertion or willful
					 forsaking of an adult by anyone having care or custody of that person under
					 circumstances in which a reasonable person would continue to provide care and
					 custody.
Abuse
-the infliction of physical or
					 mental injury, or actions which may reasonably be expected to inflict physical
					 injury, on an adult by other parties, including but not limited to such means
					 as sexual abuse, abandonment, isolation, exploitation, or extortion of funds or
					 other things of value. In determining whether an injury is sufficient to
					 endanger the health, self-determination, or emotional well-being of the adult,
					 the following criteria shall be considered:
a. with respect to physical injury, the injury must be
					 sufficient to ordinarily require professional medical intervention beyond
					 first-aid, or, the behavior in question must be sufficient to create a
					 potential injury of that severity;
b. with respect to mental injury, the injury must be
					 sufficient to ordinarily require mental health services of a clinical nature,
					 or, the behavior in question must be sufficient to create a potential injury of
					 that severity;
c. with respect to isolation, acts of isolation used in a
					 manner where the individual is alone in a room/area from which he/she cannot
					 leave, constitute behavior which has the potential to result in mental injury
					 or unwarranted restriction of the adult's self-determination;
d. with respect to use of restraints, inappropriate and
					 unauthorized use of any chemical and/or mechanical restraints, or any type of
					 restraint which prevents the free movement of either the arms or legs and which
					 immobilizes the individual, shall represent potential physical or mental injury
					 and possible violation of an individual's self-determination. Chemical and/or
					 mechanical restraints ordered by a physician and used in accordance with
					 medical guidelines shall not constitute abuse.
Adult
- any individual 18 years of age or
					 older and under the age of 60, or an emancipated minor who, due to a physical,
					 mental, or developmental disability is unable to manage his own resources,
					 carry out the activities of daily living, or protect himself from abuse,
					 neglect or exploitation.
Adult Protective Services (APS)
- that
					 division within the Department of Health and Hospitals' Office of Aging and
					 Adult Services determined by the department as the Protective Services Agency
					 for any individual between the ages of 18 and 59 years of age in need of adult
					 protective services, pursuant to the provisions of
					 R.S.
					 14:403.2 and R.S. 15:150115:1511, to provide
					 protection to adults with disabilities as defined herein.
Capacity to Consent
- the ability to
					 understand and appreciate the nature and consequences of making decisions
					 concerning one's person, including but not limited to provisions for health or
					 mental health care, food, shelter, clothing, safety, or financial affairs. This
					 determination may be based on assessment, or investigative findings,
					 observation or medical or mental health evaluations.
Caregiver
- any person or persons, either
					 temporarily or permanently responsible for the care of a physically or mentally
					 disabled adult. Caregiver includes but is not limited to adult children,
					 parents, relatives, neighbors, day-care personnel, adult foster home sponsors,
					 providers of substitute family care, personnel of public and private
					 institutions and facilities, adult congregate living facilities, and nursing
					 homes which have voluntarily assumed the care of an adult as defined herein
					 have assumed voluntary residence with an individual, or have assumed voluntary
					 use or tutelage of an individual's assets, funds, or property, and specifically
					 shall include city, parish, or state law enforcement agencies.
Emancipated Minor
- a person under the age
					 of 18 who administers his/her own affairs or who is relieved of the
					 incapacities which normally attach to minority. Minors can be emancipated by
					 notarial act, marriage, or judicial pronouncement.
Exploitation
- the illegal or improper use
					 or management of an adult's funds, assets, or property, or the use of an
					 adult's power of attorney or guardianship for one's own profit or
					 advantage.
Extortion
- the acquisition of a thing of
					 value from an unwilling or reluctant adult by physical force, intimidation,
					 abuse, neglect, or official authority.
Isolation
- includes:
a. intentional acts committed for the purpose of
					 preventing, and which do serve to prevent, an adult from having contact with
					 family, friends, or concerned persons. This shall not be construed to affect a
					 legal restraining order;
b. intentional acts committed to prevent an adult from
					 receiving his mail or telephone calls;
c. intentional acts of physical or chemical restraint of an
					 adult committed for the purpose of preventing contact with visitors, family,
					 friends, or other concerned persons;
d. intentional acts which restrict, place, or confine an
					 adult in a restricted area for the purposes of social deprivation or preventing
					 contact with family, friends, visitors, or other concerned persons. However,
					 medical isolation prescribed by a licensed physician caring for the adult shall
					 not be included in this definition.
Neglect
- the failure by the caregiver
					 responsible for an adult's care or by other parties, to provide the proper or
					 necessary support or medical, surgical, or any other care necessary for his
					 well-being. No adult who is being provided treatment in accordance with a
					 recognized religious method of healing in lieu of medical treatment shall, for
					 that reason alone, be considered to be neglected or abused.
Protective Services
- those activities
					 developed to assist individuals in need of protection. Protective services
					 include but are not limited to: receiving and screening information on
					 allegations of abuse, neglect, exploitation or extortion; conducting
					 investigations and/or assessments of those allegations to determine if the
					 situation and condition of the alleged victim warrants corrective or other
					 action, preparing a plan using available community resources aimed at remedying
					 or reducing the risk from abuse, neglect, exploitation or extortion, providing
					 case management, as needed, to assure stabilization of the situation, and
					 arranging of or making referrals for needed services and/or legal assistance to
					 initiate any necessary remedial action.
Regional Coordinating Council
- a
					 regionally constituted committee composed of representatives of both public and
					 private agencies providing services, with the objectives of identifying
					 resources, increasing needed supportive services, avoiding duplication of
					 effort, and assuring maximum community coordination.
Self-Neglect
- the failure, either by the
					 adult's action or inaction, to provide the proper or necessary support or
					 medical/surgical or other care necessary for his/her well-being. No individual
					 who is provided treatment in accordance with a recognized religious method of
					 healing in lieu of medical treatment shall, for that reason alone, be
					 considered to be self-neglected.
Sexual Abuse
-abuse of an adult, when any
					 of the following occur.
a. The adult is forced, or otherwise coerced by a person
					 into sexual activity or contact.
b. The adult is involuntarily exposed to sexually explicit
					 material, sexually explicit language, or sexual activity or contact.
c. The adult lacks the capacity to consent, and a person
					 engages in sexual activity or contact with that adult.
AUTHORITY NOTE;
					 Promulgated in accordance with
					 R.S.
					 36:254,
					 R.S.
					 14:403.2 and R.S.
					 15:1501-15:1511