The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
(3) Sexual harassment, rape or abuse as the term is defined in 23 Pa.C.S.§ 6102 (relating to definitions). The term does not include environmental factors which are beyond the control of an adult or a caregiver, including, but not limited to, inadequate housing, furnishings, income, clothing or medical care. "Administrator." The person responsible for the administration of a facility. The term includes a person responsible for employment decisions or an independent contractor.
"Adult." A resident of this Commonwealth between 18 and 59 years of age who has a physical or mental impairment that substantially limits one or more major life activities.
"Adult in need of protective services." An adult who needs the assistance of another person to obtain protective services in order to prevent imminent risk to person or property.
"Agency." A local contracted provider of protective services.
"Assessment." Social, physical and psychological findings along with a description of the person's current resources and needs.
"Caregiver." An individual or institution that has assumed the responsibility for the provision of care needed to maintain the physical or mental health of an adult. This responsibility may arise voluntarily, by contract, by receipt of payment for care, as a result of family relationship or by order of a court of competent jurisdiction. It is not the intent of this act to impose responsibility on any individual if the responsibility would not otherwise exist in law.
"Court." A court of common pleas or a district magistrate court, where applicable.
"Department." The Department of Public Welfare of the Commonwealth.
"Employee." An individual who is employed by a facility. The term includes:
(1) A contract employee who has direct contact with residents or unsupervised access to their personal living quarters.(2) A person who is employed or who enters into a contractual relationship to provide care to an adult for monetary consideration in the adult's place of residence. "Exploitation." An act or course of conduct by a caregiver or other person against an adult or an adult's resources, without the informed consent of the adult or with consent obtained through misrepresentation, coercion or threats of force, that results in monetary, personal or other benefit, gain or profit for the perpetrator or monetary or personal loss to the adult. "Facility." The term includes, but is not limited to:
(1) An assisted living residence as defined in section 1001 of the act of June 13, 1967 (P.L. 31, No. 21), known as the Public Welfare Code.(2) A domiciliary care home as defined in section 2202-A of the act of April 9, 1929 (P.L. 177, No. 175), known as The Administrative Code of 1929.(3) A home health care agency as defined in section 802.1 of the act of July 19, 1979 (P.L. 130, No. 48) , known as the Health Care Facilities Act.(4) An intermediate care facility for people with mental retardation.(5) A long-term care nursing facility as defined in section 802.1 of the act of July 19, 1979 (P.L. 130, No. 48), known as the Health Care Facilities Act.(6) An older adult daily living center as defined in section 2 of the act of July 11, 1990 (P.L. 499, No. 118) , known as the Older Adult Daily Living Centers Licensing Act.(7) A personal care home as defined in section 1001 of the act of June 13, 1967 (P.L. 31, No. 21), known as the Public Welfare Code.(8) An organization or group of people that uses public funds and is paid, in part, to provide care and support to adults in a licensed or unlicensed setting.(9) A residential treatment facility. "Incident Reporting System." Home and Community Services Information System (HCSIS) or its successor. "Intimidation." An act or omission by a person or entity toward another person which is intended to or with knowledge that the act or omission will obstruct, impede, impair, prevent or interfere with the administration of this act or any law intended to protect adults from mistreatment.
"Law enforcement official." These shall include:
(1) A police officer of a municipality.(3) The Pennsylvania State Police.(5) The Attorney General. "Least restrictive alternative." The least intrusive service or environment that can effectively and safely address the adult's needs and preferences. "Most integrated setting." A setting that enables individuals with disabilities to interact with individuals who do not have disabilities to the fullest extent possible.
"Neglect." The failure to provide for oneself or the failure of a caregiver to provide goods, care or services essential to avoid a clear and serious threat to the physical or mental health of an adult. The term does not include environmental factors that are beyond the control of an adult or the caregiver, including, but not limited to, inadequate housing, furnishings, income, clothing or medical care.
"Protective services." Those activities, resources and supports provided to adults under this act to detect, prevent, reduce or eliminate abuse, neglect, exploitation and abandonment.
"Recipient." An adult who receives care, services or treatment in or from a facility.
"Secretary." The Secretary of Public Welfare of the Commonwealth.
"Serious bodily injury." Injury that:
(1) creates a substantial risk of death; or(2) causes serious permanent disfigurement or protracted loss or impairment of the function of a body member or organ. "Serious injury." An injury that: (1) causes a person severe pain; or(2) significantly impairs a person's physical or mental functioning, either temporarily or permanently. "Service plan." A written plan that:(1) Is cooperatively developed by an agency staff, an adult in need of protective services or the adult's appointed guardian, if any, and other family members and advocates when appropriate.(2) Where possible, is based on multidisciplinary, comprehensive written assessments conducted by professionals who have met with the adult in need of protective services and are familiar with his situation.(3) Provides for services in the most integrated setting and utilizes least restrictive alternatives.(4) Describes identified needs, goals to be achieved and specific services to support goal attainment, with regular follow-up and predetermined reassessment of client progress.(5) Is updated as needed. "Sexual abuse." Intentionally, knowingly or recklessly causing or attempting to cause rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault or incest, as defined by 18 Pa.C.S. (relating to crimes and offenses).