Test 3. Crimes Against Disabled Adults & the Elderly Flashcards
§16-5-100
Define Elder:
Any person who is 65 or older
16-5-100
Define Disabled Adult:
Any person who is 18 or older who is mentally or physically incapacitated
16-5-100
Define Abuse:
Willful harm, neglect, or denial of care of elder or disabled
16-5-100
Define Neglect:
Willful denial of care (e.g., health, shelter, food) that risks a elder’s well-being due to guardian
16-5-101
Neglect to a disabled adult, elder person, or resident
> When a guardian or caregiver
> willfully denies health care, shelter, or sustenance,
> elder/disabled person’s well-being at risk
16-5-102
Exploitation and intimidation of disabled adults, elder persons, and residents; obstruction of investigation
> Knowingly and willfully
> exploiting, harming, confining, or denying
> essential services to a disabled adult
> Felony
16-5-102.1
Trafficking of a disabled adult, elder person, or resident
> Deception or coercion
> Exploit a disabled adult or;
> take their resources for personal gain.
> Felony
16-5-103
Exceptions to criminal liability
> Facility staff aren’t criminally liable for others’ abuse
> unless they knowingly and willfully took part or conspired in it.
16-5-104
Venue
> In any county in which any act was performed in furtherance of the violation; or
> In any county in which any alleged victim resides.
What are the three types of neglect?
- Active
- Passive
- Self-Neglect
What is active neglect?
Behavior that is willful of intention
What is passive neglect?
Unable to fulfill given responsibilities (not considered a crime)
What is self-neglect?
> No suspect
> At-risk adult refusing care
> Most common type of neglect
Define guardianship:
A court-appointed guardian makes decisions for an adult who can no longer manage their own health or safety.
30-5-4
Reporting of need for protective services
Mandatory reports of elder or abuse:
- healthcare providers
- emergency responders,
- daycare personnel,
- coroners,
- clergy.
