As used in this article 3.1, unless the context
otherwise requires:
(1) Abuse means any of the following acts or omissions committed against
an at-risk adult:
(a) The nonaccidental infliction of physical pain or injury, as demonstrated
by, but not limited to, substantial or multiple skin bruising, bleeding, malnutrition,
dehydration, burns, bone fractures, poisoning, subdural hematoma, soft tissue
swelling, or suffocation;
(b) Confinement or restraint that is unreasonable under generally accepted
caretaking standards; or
(c) Unlawful sexual behavior as defined in section 16-22-102 (9).
(1.5) At-risk adult means an individual eighteen years of age or older who is
susceptible to mistreatment or self-neglect because the individual is unable to
perform or obtain services necessary for his or her health, safety, or welfare, or
lacks sufficient understanding or capacity to make or communicate responsible
decisions concerning his or her person or affairs.
(1.7) CAPS means the Colorado adult protective services data system that
includes records of reports of mistreatment of at-risk adults.
(1.8) CAPS check means a check of the Colorado adult protective services
data system pursuant to section 26-3.1-111.
(2) Caretaker means a person who:
(a) Is responsible for the care of an at-risk adult as a result of a legal
relationship; or
(b) Has assumed responsibility for the care of an at-risk adult; or
(c) Is paid to provide care, services, or oversight of services to an at-risk
adult.
(2.3) (a) Caretaker neglect means neglect that occurs when adequate food,
clothing, shelter, psychological care, physical care, medical care, habilitation,
supervision, or other treatment necessary for the health or safety of the at-risk
adult is not secured for an at-risk adult or is not provided by a caretaker in a timely
manner and with the degree of care that a reasonable person in the same situation
would exercise, or a caretaker knowingly uses harassment, undue influence, or
intimidation to create a hostile or fearful environment for an at-risk adult.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2.3),
the withholding, withdrawing, or refusing of any medication, any medical procedure
or device, or any treatment, including but not limited to resuscitation, cardiac
pacing, mechanical ventilation, dialysis, artificial nutrition and hydration, any
medication or medical procedure or device, in accordance with any valid medical
directive or order, or as described in a palliative plan of care, is not deemed
caretaker neglect.
(c) As used in this subsection (2.3), medical directive or order includes a
medical durable power of attorney, a declaration as to medical treatment executed
pursuant to section 15-18-104, C.R.S., a medical order for scope of treatment form
executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed
pursuant to article 18.6 of title 15, C.R.S.
(2.5) Clergy member means a priest; rabbi; duly ordained, commissioned, or
licensed minister of a church; member of a religious order; or recognized leader of
any religious body.
(3) County department means a county or district department of human or
social services.
(3.5) Direct care means services and supports, including case management
services, protective services, physical care, mental health services, or any other
service necessary for the at-risk adult's health, safety, or welfare.
(4) Exploitation means an act or omission that:
(a) Uses deception, harassment, intimidation, or undue influence to
permanently or temporarily deprive an at-risk adult of the use, benefit, or
possession of any thing of value; or
(b) Employs the services of a third party for the profit or advantage of the
person or another person to the detriment of the at-risk adult; or
(c) Forces, compels, coerces, or entices an at-risk adult to perform services
for the profit or advantage of the person or another person against the will of the
at-risk adult; or
(d) Misuses the property of an at-risk adult in a manner that adversely
affects the at-risk adult's ability to receive health care or health-care benefits or to
pay bills for basic needs or obligations.
(5) Financial institution means a state or federal bank, savings bank,
savings and loan association or company, building and loan association, trust
company, or credit union.
(5.5) Harmful act means an act committed against an at-risk adult by a
person with a relationship to the at-risk adult when such act is not defined as abuse,
caretaker neglect, or exploitation but causes harm to the health, safety, or welfare
of an at-risk adult.
(6) Least restrictive intervention means acquiring or providing services,
including protective services, for the shortest duration and to the minimum extent
necessary to remedy or prevent situations of actual mistreatment or self-neglect.
(7) Mistreatment means:
(a) Abuse;
(b) Caretaker neglect;
(c) Exploitation; or
(d) A harmful act.
(e) Repealed.
(8) Repealed.
(9) Protective services means services provided by the state or political
subdivisions or agencies thereof in order to prevent the mistreatment or self-neglect of an at-risk adult. Such services include, but are not limited to: Providing
casework services and arranging for, coordinating, delivering, where appropriate,
and monitoring services, including medical care for physical or mental health
needs; protection from mistreatment and self-neglect; assistance with application
for public benefits; referral to community service providers; and initiation of probate
proceedings.
(10) Self-neglect means an act or failure to act whereby an at-risk adult
substantially endangers his or her health, safety, welfare, or life by not seeking or
obtaining services necessary to meet his or her essential human needs. Choice of
lifestyle or living arrangements shall not, by itself, be evidence of self-neglect.
Refusal of medical treatment, medications, devices, or procedures by an adult or on
behalf of an adult by a duly authorized surrogate medical decision maker or in
accordance with a valid medical directive or order, or as described in a palliative
plan of care, shall not be deemed self-neglect. Refusal of food and water in the
context of a life-limiting illness shall not, by itself, be evidence of self-neglect. As
used in this subsection (10), medical directive or order includes, but is not limited
to, a medical durable power of attorney, a declaration as to medical treatment
executed pursuant to section 15-18-104, C.R.S., a medical orders for scope of
treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR
directive executed pursuant to article 18.6 of title 15, C.R.S.
(11) Undue influence means the use of influence to take advantage of an at-risk adult's vulnerable state of mind, neediness, pain, or emotional distress.