Section He-E 701.02 - Definitions(a) "Abuse" as defined in RSA 161-F:43, II, means any one of the following: (1) "Emotional abuse" means the misuse of power, authority, or both, verbal harassment, or unreasonable confinement which results or could result in the mental anguish or emotional distress of an incapacitated adult;(2) "Physical abuse" means the use of physical force which results or could result in physical injury to an incapacitated adult; or(3) "Sexual abuse" means contact or interaction of a sexual nature involving an incapacitated adult without his or her informed consent.(b) "Administrative appeals unit (AAU) " means the unit of the department that receives appeal requests, schedules proceedings, conducts pre-hearing conferences and hearings and issues decisions for the department.(c) "Adult protective services program (APS) " means the program which encompasses all the tasks and responsibilities completed in accordance with the adult protection law, RSA 161-F:42-57.(d) "Adult protective social worker (APSW) " means the individual employed by BEAS and certified by the NH department of administrative services, division of personnel, to carry out all tasks and responsibilities defined in statute, administrative rule and program policy as they relate to the adult protective services program.(e) "Allegation" means an assertion that an incapacitated adult has been abused, neglected, exploited or has self-neglected.(f) "Alleged perpetrator" means an individual who is reported to have abused, neglected or exploited an incapacitated adult.(g) "Alleged victim" means an adult who is incapacitated at the time of the incident alleging abuse, neglect, self-neglect or exploitation.(h) "Bureau administrator," for purposes of this rule, means the administrator of BEAS, or his or her designee, appointed by the commissioner of the department of health and human services to carry out the responsibilities described in RSA 161-F:42-57.(i) "Bureau of elderly and adult services (BEAS) " means the New Hampshire department of health and human services bureau of elderly and adult services.(j) "BEAS State Registry (state registry) " means a database containing information on founded reports of abuse, neglect or exploitation of incapacitated adults by a paid or volunteer caregiver, guardian or agent acting under the authority of any power of attorney (POA) or any durable power of attorney (DPOA) pursuant to RSA 161-F:49.(k) "Case management" means the tasks associated with the ongoing assessment, person-centered planning, coordination, and monitoring of services provided to an adult protection program client by an APSW.(l) "Client" means the incapacitated adult for whom a case has been opened in the adult protective services program pursuant to He-E 701.17 and who is receiving protective services as described in He-E 701.18.(m) "Collateral contacts" means individuals who have either witnessed or have information about the alleged victim's situation that could aid the investigator in determining the facts necessary to complete a protective investigation in accordance with RSA 161-F:42-57 and He-E 700.(n) "Commissioner" means the commissioner of the department of health and human services, or his or her designee.(o) "Counseling" means the review and assessment, with the protection program client, of the circumstances which led to his or her need for protection, and the provision of guidance and support in order to strengthen his or her ability to ameliorate the protective concerns.(p) "Date of approval" means the date that the completed protective investigation or disposition is approved by the supervisor.(q) "Determination" means the finding following a protective investigation completed pursuant to RSA 161-F:42-57, that the alleged abuse, neglect, self-neglect or exploitation of an incapacitated adult is either founded or unfounded.(r) "Disposition" means an administrative classification to indicate that an investigation described in RSA 161-F:42-57 could not be initiated or could not be completed.(s) "Exploitation" means "exploitation" as defined in RSA 161-F:43, IV, namely "the illegal use of an incapacitated adult's person or property for another person's profit or advantage, or the breach of a fiduciary relationship through the use of a person or a person's property for any purpose not in the proper and lawful execution of a trust, including, but not limited to, situations where a person obtains money, property or services from an incapacitated adult through the use of undue influence, harassment, duress, deception, or fraud."(t) "Facility administrator" means the administrator of a licensed facility described in RSA 151.(u) "Founded" means the determination that one or more of the allegations included in a report of alleged abuse, neglect, self-neglect or exploitation of an incapacitated adult met one or more of the definitions contained in RSA 161-F: 43, II (a), (b), (c), III, IV or VI.(v) "Guardian" means an individual who has been appointed by the probate court in accordance with RSA 464-A, to have care or custody or manage the estate of another individual adjudicated to be incapacitated.(w) "Guardianship" means a fiduciary relationship wherein, following a petition, hearing and other proceedings described in RSA 464-A, an individual is appointed by the probate court to have care and custody of another individual who is adjudged by the court to be incapable of managing personal needs, property, and/or financial affairs.(x) "Guardianship hearing" means the hearing on a petition which is held in accordance with RSA 464-A, where the petitioner has the responsibility to establish why the proposed ward, who is the subject of the petition, is in need of a guardian.(y) "Imminent danger" means that the circumstances of an alleged victim, as described in a protective report, suggest that injury or death could occur immediately.(z) "Incapacitated" means incapacitated as defined in RSA 161-F: 43, VII, namely "the physical, mental or emotional ability of a person is such that he is unable to manage personal, home, or financial affairs, in his own best interest, or he is unable to act or unable to delegate responsibility to a responsible caretaker or caregiver." (aa) "Incapacitated adult" means an individual aged 18 or older who is incapacitated as defined in (z) above and RSA 161-F:43, VII.(ab) "Investigator" means the APSW designated by the bureau administrator to conduct the investigation.(ac) "Neglect" means "neglect" as defined in RSA 161-F:43, III, namely "an act or omission which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional or physical health and safety of an incapacitated adult."(ad) "Notification" means the processes described in He-E 701.10, by which the parties named in He-E 701.12 are informed as to whether the investigation has resulted in a founded or an unfounded determination, or in a disposition.(ae) "Perpetrator" means the individual who, following a protective investigation completed in accordance with RSA 161-F:42-57 and He-E 700, is found to have abused, neglected or exploited an incapacitated adult.(af) "Protective investigation" means the process by which the investigator inquires into a report of alleged abuse, neglect, self-neglect or exploitation, pursuant to RSA 161-F:42-57, in order to determine the validity of the allegation(s) and the need for protective services.(ag) "Protective investigation file" means the individual record that contains all the information related to the protective investigation described in this part.(ah) "Protective investigation summary" means the investigator's written report that contains information obtained during the protective investigation, except for the reporter's name, as well as the determination made at the conclusion of the investigation.(ai) "Protective report" means a notification to the APS unit that an adult who is or who is suspected to be incapacitated has been subjected to abuse, neglect, self-neglect, or exploitation or is living in hazardous conditions.(aj) "Protective services" means "protective services" as defined in RSA 161-F:43, I, namely "services and action which will, through voluntary agreement or through appropriate court action, prevent neglect, abuse, or exploitation of incapacitated adults. Such services shall include, but not be limited to, supervision, guidance, counseling and, when necessary assistance in securing of nonhazardous living accommodations, and mental and physical examinations."(ak) "Reconsideration" means the process described in He-E 701.14 that is conducted following a founded determination if the reconsideration is requested by a perpetrator who is not registry eligible, or by a founded victim of self-neglect.(al) "Registry eligible" means a paid or volunteer caregiver, guardian, or agent acting under the authority of any POA or any DPOA who is a perpetrator and therefore is eligible to be listed on the BEAS state registry in accordance with these rules and pursuant to RSA 161-F:49.(am) "Registry eligible alleged perpetrator review" means the process described in He-E 701.09 that is conducted following a recommended founded determination and prior to the date of approval if the review is requested by an alleged perpetrator of abuse, neglect or exploitation who is registry eligible.(an) "Reporter" means the individual who reports in accordance with RSA 161-F:46 that an adult, who is suspected to be incapacitated, has been subject to abuse, neglect, self-neglect or exploitation.(ao) "Self-neglect" means self-neglect as defined in RSA 161-F:43, VI, namely "an act or omission by an incapacitated adult which results or could result in the deprivation of essential services or supports necessary to maintain his or her minimum mental, emotional or physical health and safety."(ap) "Supervisor" means the individual employed by BEAS and certified by the NH department of administrative services, division of personnel, who oversees the work of APSWs.(aq) "Unfounded" means the determination that a report of alleged abuse, neglect, self-neglect or exploitation of an incapacitated adult did not meet the definitions contained in RSA 161-F:43, II(a), (b), (c), III, IV or VI.(ar) "Victim" means the incapacitated adult who, following a protective investigation completed in accordance with RSA 161-F:42-57 and He-E 700, is found to have been abused, neglected, exploited or self-neglecting.(as) "Ward" means "ward" as defined in RSA 464-A:2, XVI, namely "a person for whom a guardian of the person and the estate, or the person, or the estate, has been appointed."N.H. Code Admin. R. He-E 701.02
#5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff 10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at Chapter Heading for He-E 700) #10179, eff 9-1-12