Arkansas Law

§ 5-28-101. Definitions.

As used in this chapter, unless the context otherwise requires:

(1) "Abuse" means:

          (A) Any intentional and unnecessary physical act which inflicts pain on or causes injury to an endangered or

impaired adult, including sexual abuse; or

          (B) Any intentional or demeaning act which subjects an endangered or impaired adult to ridicule or psychological

injury in a manner likely to provoke fear or alarm;

(2) "Caregiver" means a related or unrelated person, owner, agent, high managerial agent of a public or private organization, or a public or private organization that has the responsibility for the protection, care, or custody of an endangered or impaired adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court;

(3)(A) "Department" means the Department of Human Services.

          (B) The director of the department may assign responsibilities for administering the various duties imposed upon the department under this chapter to respective divisions of the department which, in his or her opinion, are best able torender service or administer the provisions of this chapter;

(4) "Endangered adult" means:

          (A) An adult eighteen (18) years of age or older who is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to that person and who demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or

          (B) A resident eighteen (18) years of age or older of a long-term care facility which is required to be licensed under § 20-10-224 who is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to such person and who demonstrates the lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(5) "Exploitation" means the illegal use or management of an endangered or impaired adult's funds, assets, or property, or the use of an endangered or impaired adult's person, power of attorney,, or guardianship for the profit or advantage of himself or another;

(6)(A) "Imminent danger to health or safety" means a situation in which death or severe bodily injury could reasonably be expected to occur without intervention.

          (B) The burden of proof shall be upon the Department of Human Services to show by clear and convincing evidence that such imminent danger exists;

(7)(A) "Impaired adult" means an adult eighteen (18) years or older who suffers from mental or physical disease or defect and as a consequence thereof is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation.

          (B) For purposes of this chapter, adult residents of a long-term care facility are presumed to be impaired adults;

(8) "Neglect" means acts or omissions by the endangered or impaired adult, for example self-neglect, or intentional acts or omissions by a caregiver constituting:

          (A) Negligently failing to provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an endangered or impaired adult;

          (B) Negligently failing to report health problems or changes in health problems or changes in the health condition of an endangered or impaired adult to the appropriate medical personnel; or

          (C) Negligently failing to carry out a prescribed treatment plan;

(9)(A) "Physical injury" means the impairment of physical condition or the infliction of substantial pain.

          (B) Where the person is an endangered or impaired adult, there shall be a presumption that any physical abuse resulted in the infliction of substantial pain;

(10)(A) "Protective services" means services to protect the endangered or impaired adult from:

                    (i) Self-neglect or self-abuse; and

                    (ii) Abuse or neglect by others;

          (B) Protective services shall include, but not be limited to:

                    (i) Evaluation of the need for services;

                    (ii) Arrangements for appropriate services;

                   (iii) Assistance in obtaining financial benefits to which the person is entitled; or

                   (iv) Securing medical and legal services.

         (C)(i) Protective services may include:

              (a) Referrals for services available in the community;

              (b) Seeking protective custody or court-ordered services for endangered adults; or

              (c) In appropriate cases, assistance in locating an appropriate person or entity interested in and able to assume guardianship over an endangered adult;

                    (ii) In situations involving exploitation of an endangered or impaired adult not resulting in any imminent danger to health or safety, or involving protection of the property of such an impaired adult, protective services may include one (1) or more of the following:

               (a) Referrals for legal assistance;

               (b) Referrals, as appropriate, to law enforcement or prosecutors;

               (c) Assistance in locating an appropriate person or entity interested in and able to assume guardianship;

(11) "Serious bodily harm" means physical abuse, sexual abuse, physical injury, or serious physical injury as defined in this chapter;

(12) "Serious physical injury" means physical injury to an endangered or impaired adult that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or loss or protracted impairment of the function of any bodily member or organ;

(13) "Sexual abuse" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined in § 5-14-101, with another person who is not the actor's spouse and who is incapable of consent because he or she is mentally defective, mentally incapacitated, or physically helpless, as those terms are defined in § 5-14-101; and

(14) "Subject of the report" means the endangered or impaired adult, the adult's guardian, and the offender.

History. Acts 1983, No. 452, § 1; A.S.A. 1947, § 59-1301; Acts 1988 (4th Ex. Sess.), No. 5, § 1; 1988 (4th Ex. Sess.), No. 15, § 1; 1993, No. 1292, § 1; 1995, No. 1338, § 2; 1997, No. 1034, § 1; 1999, No. 753, § 1.