§ 35-20-102 — Definitions

(a) As used in this act:
(i) "Abandonment" means leaving a vulnerable adult
without financial support or the means or ability to obtain
food, clothing, shelter or health care;
(ii) "Abuse" means the intentional or reckless
infliction, by the vulnerable adult's caregiver, person of trust
or authority, professional, family member or other individual
of:
(A) Injury;
(B) Unreasonable confinement which threatens the
welfare and well being of a vulnerable adult;
(C) Cruel punishment with resulting physical or
emotional harm or pain to a vulnerable adult;
(D) Photographing vulnerable adults in violation
of W.S. 6-4-304(b);
(E) Sexual abuse;
(F) Intimidation; or
(G) Exploitation.
(iii) "Administrator" means the director of the
department of family services or his designee;
(iv) "Caregiver" means any person or in-home service
provider responsible for the care of a vulnerable adult because
of:
(A) A family relationship;
(B) Voluntary assumption of responsibility for
care;
(C) Court ordered responsibility or placement;
(D) Rendering services in an adult workshop or
adult residential program;
(E) Rendering services in an institution or in a
community-based program; or
(F) Acceptance of a legal obligation or
responsibility to the vulnerable adult through a power of
attorney, advance health care directive or other legal
designation.
(v) "Court" means the district court in the district
where the vulnerable adult resides or is found;
(vi) Repealed By Laws 2002, Sp. Sess., Ch. 86, § 3.
(vii) "Department" means the state department of
family services or its designee;
(viii) "Emergency services" means those services that
may be provided to assist vulnerable adults to prevent or
terminate abuse, neglect, exploitation, intimidation or
abandonment until the emergency has been resolved;
(ix) "Exploitation" means the reckless or intentional
act taken by any person, or any use of the power of attorney,
conservatorship or guardianship of a vulnerable adult, to:
(A) Obtain control through deception,
harassment, intimidation or undue influence over the vulnerable
adult's money, assets or property with the intention of
permanently or temporarily depriving the vulnerable adult of the
ownership, use, benefit or possession of his money, assets or
property;
(B) In the absence of legal authority:
(I) Employ the services of a third party
for the profit or advantage of the person or another person to
the detriment of a vulnerable adult;
(II) Force, compel, coerce or entice a
vulnerable adult to perform services for the profit or advantage
of another against the will of the vulnerable adult.
(C) Intentionally misuse the principal's
property and, in so doing, adversely affect the principal's
ability to receive health care or pay bills for basic needs or
obligations; or
(D) Abuse the fiduciary duty under a power of
attorney, conservatorship or guardianship.
(x) Repealed By Laws 2002, Sp. Sess, Ch. 86, § 3.
(xi) "Neglect" means the deprivation of, or failure
to provide, the minimum food, shelter, clothing, supervision,
physical and mental health care, other care and prescribed
medication as necessary to maintain a vulnerable adult's life or
health, or which may result in a life-threatening situation. The
withholding of health care from a vulnerable adult is not
neglect if:
(A) Treatment is given in good faith by
spiritual means alone, through prayer, by a duly accredited
practitioner in accordance with the tenets and practices of a
recognized church or religious denomination;
(B) The withholding of health care is in
accordance with a declaration executed pursuant to W.S.
35-22-401 through 35-22-416; or
(C) Care is provided by a hospice licensed in
accordance with and pursuant to W.S. 35-2-901 through 35-2-910.
(xii) "Protective services" means those emergency
services that are provided in a coordinated effort facilitated
by the department within communities to assist vulnerable adults
to prevent or terminate abuse, neglect, exploitation,
intimidation or abandonment until the vulnerable adult no longer
needs those services. These services may include social
casework, case management, emergency, short term in-home
services such as homemaker, personal care or chore services, day
care, social services, psychiatric or health evaluations and
other emergency services consistent with this act;
(xiii) Repealed By Laws 2002, Sp. Sess., Ch. 86, § 3.
(xiv) "Capacity to consent" means the ability to
understand and appreciate the nature and consequences of making
decisions concerning one's person, including, 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;
(xv) "Injury" means any harm, including
disfigurement, impairment of any bodily organ, skin bruising,
laceration, bleeding, burn, fracture or dislocation of any bone,
subdural hematoma, malnutrition, dehydration or pressure sores;
(xvi) "Mental disability" means a condition causing
mental dysfunction resulting in an inability to manage
resources, carry out the activities of daily living or protect
oneself from neglect, abuse, exploitation or hazardous
situations without assistance from others. Whether or not a
mental dysfunction of such degree exists is subject to an
evaluation by a licensed psychologist, psychiatrist or other
qualified licensed mental health professional or licensed
physician, if disputed;
(xvii) "Self neglect" means when a vulnerable adult
is unable, due to physical or mental disability, or refuses to
perform essential self-care tasks, including providing essential
food, clothing, shelter or medical care, obtaining goods and
services necessary to maintain physical health, mental health,
emotional well-being and general safety, or managing financial
affairs;
(xviii) "Vulnerable adult" means any person eighteen
(18) years of age or older who is unable to manage and take care
of himself or his money, assets or property without assistance
as a result of advanced age or physical or mental disability;
(xix) "Substantiated report" means any report of
abandonment, abuse, exploitation, intimidation or neglect
pursuant to this act that is determined upon investigation to
establish by a preponderance of the evidence the alleged
abandonment, abuse, exploitation, intimidation or neglect;
(xx) "Intimidation" means the communication by word
or act to a vulnerable adult that he, his family, friends or
pets will be deprived of food, shelter, clothing, supervision,
prescribed medication, physical or mental health care and other
medical care necessary to maintain a vulnerable adult's health,
financial support or will suffer physical violence;
(xxi) "Advanced age" means a person who is sixty (60)
years of age or older;
(xxii) "Sexual abuse" means sexual contact including,
but not limited to, unwanted touching, all types of sexual
assault or battery as defined in W.S. 6-2-302 through 6-2-304,
sexual exploitation and sexual photographing;
(xxiii) "This act" means W.S. 35-20-101 through