Ala. Admin. Code r. 660-5-41-.02
Current through Register Vol. 43, No. 1, October 31, 2024
Section 660-5-41-.02 - DefinitionsThe following definitions shall apply to this rule:
(a) "Adult in Need of Protective Services" is a person 18 years of age or older whose behavior indicates that he is mentally incapable of adequately caring for himself and his interests without serious consequences to himself or others, or who because of physical or mental impairment, is unable to protect himself from abuse, neglect or exploitation by others, and who has no guardian or relatives or other appropriate person able, willing and available to assume the kind and degree of protection and supervision required under the circumstances.(b) "Caregiver" is an individual who has the responsibility for the care of the elderly or handicapped person as a result of family relationship or who has assumed the responsibility for the care of the person voluntarily, by contract or as a result of the ties of friendship.(c) "Other Like Incapacities" are conditions incurred as the result of accident or mental or physical illness, producing a condition which substantially impairs an individual from adequately providing for his own care or protecting his own interests or protecting himself from physical or mental injury or abuse.(d) "Neurodegenerative Disease" is relating to or being a progressive loss of neurologic function.(e) "Abuse" is the infliction of physical pain, injury, or the willful deprivation by a caretaker or other person of services necessary to maintain mental and physical health.(f) "Emotional Abuse" is the willful or reckless infliction of emotional or mental anguish or the use of a physical or chemical restraint, medication or isolation as punishment or as a substitute for treatment or care of any protected person.(g) "Neglect" is the failure of a caretaker to provide food, shelter, clothing, medical services, and health care for the person unable to care for himself; or the failure of the person to provide these basic needs for himself when the failure is the result of the person's mental or physical inability.(h) "Exploit" is the expenditure, diminution or use of the property, assets or resources of a person subject to protection under the provisions of Code of Ala. 1975, §§ 38-9-1 through -11, without the express voluntary consent of that person or his legally authorized representative.(i) "Protected Person" is any person over 18 years of age subject to protection under the provisions of Code of Ala. 1975, §§ 38-9-2 through 22, or any person including but not limited to persons with neurodegenerative disease, persons with intellectual disabilities, and developmental disabilities or any person over 18 years of age that is mentally or physically incapable of adequately caring for himself or herself and his or her interests without serious consequences to himself, herself or others.(j) "Protective Services" are those services whose objective is to protect an incapacitated person from himself and from others.(k) "Department" is the Department of Human Resources of the State of Alabama. (l) "Court" is the circuit court.(m) "Physical Injury" is the impairment of physical condition or substantial pain.(n) "Serious Physical Injury" is a physical injury which creates a risk of death, or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or the impairment of the function of any bodily organ.(o) "Person" is any natural human being.(p) "Intentionally." A person acts intentionally with respect to a result or to conduct described by a statute defining an offense, when his purpose is to cause that result or to engage in that conduct.(q) "Recklessly." A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard conduct that a reasonable person would observe in the situation. A person who creates a risk but is unaware thereof solely by reason of voluntary intoxication, as defined in subdivision (e)(2) of § 13A-3-2, acts recklessly with respect thereto. (Acts 1977, No. 780, p. 1340, §2; Acts 1989, No. 89-825, §1.)Ala. Admin. Code r. 660-5-41-.02
Effective June 28, 1983. Succedent permanent amendment effective September 7, 1990. Succedent emergency amendment effective June 13, 1991. Succedent permanent amendment effective September 10, 1991. Succedent permanent emergency amendment effective July 21, 1994. Succedent permanent amendment: Filed September 6, 1994; effective October 11, 1994.Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 03, December 28, 2018, eff. 1/24/2019.Author: Audrey Peterson
Statutory Authority:Code of Ala. 1975, §§ 38-2-6, 38-9-1 through -11.