10-149-1 Me. Code R. § 1

Current through 2024-25, June 19, 2024
Section 149-1-1 - DEFINITIONS
1.Abuse: the infliction of injury, unreasonable confinement, intimidation or cruel punishment that causes or is likely to cause physical harm or pain or mental anguish; sexual abuse or sexual exploitation; financial exploitation; or the intentional, knowing or reckless deprivation of essential needs, through acts or omissions.
2.Adult Protective Services (APS): the unit within the Department responsible for carrying out the requirements of 22 M.R.S. §3473(2) and the Adult Protective Services requirements under 34-B M.R.S. §5604-A(2), including receiving, promptly investigating, and determining the validity of reports of alleged Abuse, Neglect, or Exploitation of incapacitated and dependent adults and reports of the substantial risk of Abuse, Neglect, or Exploitation of incapacitated and dependent adults.
3.APS Caseworker: APS unit staff involved in investigating reports of Abuse, Neglect, or Exploitation of Incapacitated or Dependent Adults or the substantial risk thereof, conducting guardianship and conservatorship studies, and arranging for services and supports for APS clients, as appropriate.
4.APS Central Intake: the APS unit's 24/7 telephone line through which Mandated Reports shall (and any individual may) report allegations of Abuse, Neglect, and Exploitation of an Incapacitated or Dependent Adult or the substantial risk thereof.
5.APS Investigation: the formal process of determining whether evidence supports a reported allegation of Abuse, Neglect, or Exploitation of a Dependent or Incapacitated Adult or the substantial risk thereof, which may involve reporting a matter to a licensing body or law enforcement, as appropriate.
6.Casework: any action taken by an APS Caseworker in conjunction with or following an APS Investigation or guardianship or conservatorship study to protect an Incapacitated or Dependent adult, including providing or arranging for the provision of appropriate services.
7.Dependent Adult: as defined in 22 M.R.S. §3472, an adult who has a physical or mental condition that substantially impairs the adult's ability to adequately provide for that adult's daily needs.
8.Exploitation: the illegal or improper use of an incapacitated or dependent adult or that adult's resources for another's profit or advantage.
9.Incapacitated Adult: as defined in 22 M.R.S. §3472, any adult who is impaired by reason of mental illness, mental deficiency, physical illness or disability to the extent that that individual lacks sufficient understanding or capacity to make or communicate responsible decisions concerning that individual's person, or to the extent the adult cannot effectively manage or apply that individual's estate to necessary ends.
10.Mandated Reporter: pursuant to 22 M.R.S. §3477, a person required to report to the Department when the person knows or has reasonable cause to suspect that an Incapacitated or Dependent Adult has been or is likely to be Abused, Neglected, or Exploited.
11.Neglect: a threat to an adult's health or welfare by physical or mental injury or impairment, deprivation of essential needs or lack of protection from these.
12.Provider: an agency licensed, funded, or regulated in whole or in part by the Department that provides support services to a Dependent or Incapacitated Adults) including adults with Intellectual Disabilities or Autism, except those presently servicing sentences for crime.
13.Report: information shared with APS Central Intake by a Reporter related to a concern about the health and welfare of an Incapacitated or Dependent Adult or an allegation of Abuse, Neglect, or Exploitation of an Incapacitated or Dependent Adult or the substantial risk thereof.
14.Reportable Event: any incident that falls into any of the categories listed in 14-197 C.M.R. ch. 12, §2(2)(A)(1) -(16).
15.Reporter: any person who reports to the Department known or reasonably suspected abuse, neglect, or exploitation of an Incapacitated or Dependent Adult or the substantial risk thereof whether or not the person is required to report as a Mandated Reporter.
16.Serious Harm: serious physical injury or impairment; serious mental injury or impairment that now or in the future is likely to be evidenced by serious mental, behavioral or personality disorder, including, but not limited to, severe anxiety, depression or withdrawal, untoward aggressive behavior or similar serious dysfunctional behavior; sexual abuse or sexual exploitation; or serious waste or dissipation of resources.

10-149 C.M.R. ch. 1, § 1