§ 50-25.2-01 — Definitions

North Dakota § 50-25.2-01

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-25.2: Vulnerable Adult Protection Services

Text

As used in this chapter, unless the context otherwise requires:
1. "Abuse" means any willful act or omission of a caregiver or any other person which
results in physical injury, mental anguish, unreasonable confinement, sexual abuse or
exploitation, or financial exploitation to or of a vulnerable adult.
2. "Adult" includes a minor emancipated by marriage.
3. "Adult protective services" means remedial, social, legal, health, mental health, and
referral services provided for the prevention, correction, or discontinuance of abuse or
neglect which are necessary and appropriate under the circumstances to protect an
abused or neglected vulnerable adult, ensure that the least restrictive alternative is
provided, prevent further abuse or neglect, and promote self-care and independent
living. The term includes the following services provided by the department or the
department's designee:
a. Receiving, evaluating, and assessing reports of alleged abuse or neglect;
b. Arranging for and coordinating the provision of essential services;
c. Providing case management and counseling for the purposes of planning and
providing social and other services needed by vulnerable adults;
d. Arranging for and coordinating the provision of other services, including financial
management or assistance, legal assistance, and the services of domestic
violence programs;
e. Monitoring the delivery of services to vulnerable adults and making progress
assessments; and
f. Arranging for or providing, and coordinating, other services consistent with this
chapter.
4. "Caregiver" means any person who has assumed the legal responsibility or a
contractual obligation for the care of a vulnerable adult or has voluntarily assumed
responsibility for the care of a vulnerable adult. The term includes a facility operated by
any public or private agency, organization, or institution which provides services to,
and has assumed responsibility for the care of, a vulnerable adult.
5. "Department" means the department of health and human services.
6. "Essential services" means those services necessary to maintain and safeguard the
physical and mental health of a vulnerable adult which include sufficient and
appropriate food and clothing, temperate and sanitary shelter, treatment for mental or
physical needs, appropriate treatment for medical needs as determined by a physician
or other health care provider, and proper supervision.
7. "Financial exploitation" means use or receipt of services provided by the vulnerable
adult without just compensation, the taking, acceptance, misappropriation, or misuse
of property or resources of a vulnerable adult by means of undue influence, breach of
a fiduciary relationship, deception, harassment, criminal coercion, theft, or other
unlawful or improper means.
8. "Least restrictive alternative" means adult protective services provided in a manner no
more restrictive of a vulnerable adult's liberty and no more intrusive than necessary to
achieve and ensure the provision of essential services.
9. "Living independently" includes using the telephone, shopping, preparing food,
housekeeping, and administering medications.
10. "Mental anguish" means psychological or emotional damage that requires medical
treatment or care or is characterized by behavioral change or physical symptoms.
11. "Neglect" means the failure of a caregiver to provide essential services necessary to
maintain the physical and mental health of a vulnerable adult, or the inability or lack of
desire of the vulnerable adult to provide essential services necessary to maintain and
safeguard the vulnerable adult's own physical and mental health.

12. "Physical injury" means damage to bodily tissue caused by nontherapeutic conduct,
which includes fractures, bruises, lacerations, internal injuries, dislocations, physical
pain, illness, or impairment of physical function.
13. "Self-care" includes maintaining personal hygiene, eating, and dressing.
14. "Sexual abuse or exploitation" includes those sex offenses defined in sections
12.1-20-02, 12.1-20-03, 12.1-20-04, 12.1-20-05, 12.1-20-06, 12.1-20-07, and
12.1-20-11.
15. "Substantial functional impairment" means a substantial incapability, because of
physical limitations, of living independently or providing self-care as determined
through observation, diagnosis, evaluation, or assessment.
16. "Substantial mental impairment" means a substantial disorder of thought, mood,
perception, orientation, or memory that grossly impairs judgment, behavior, or ability to
live independently or provide self-care as revealed by observation, diagnosis,
evaluation, or assessment.
17. "Vulnerable adult" means an adult who has a substantial mental or functional
impairment.
18. "Willfully" means willfully as defined in section 12.1-02-02.