32 Miss. Code. R. 1-23.3

Current through December 10, 2024

Section 32-1-23.3 - DEFINITIONS VULNERABLE ADULTS AND CHILDREN

Definitions under MISS. CODE ANN, 43-47-5:

"Vulnerable adult" shall mean a person eighteen (18) years of age or older or any minor not covered by the Youth Court Act who is present in the State and who, regardless of residence, is unable to protect his or her own rights, interests, and/or vital concerns and who cannot seek help without assistance because of physical, mental, or emotional impairment.

"Abuse" shall mean the willful infliction of physical pain, injury or mental anguish on a vulnerable adult, the unreasonable confinement of a vulnerable adult, or the willful deprivation by a caretaker of services which are necessary to maintain the mental and physical health of a vulnerable adult. Abuse shall not mean conduct which is a part of the treatment and care of, and in furtherance of the health and safety of a patient or resident of a care facility.

"Neglect" shall mean either the inability of a vulnerable adult who is living alone to provide for him/herself the food, clothing, shelter, health care, or other services which are necessary to maintain his/her mental and physical health, or failure of a caretaker to supply the vulnerable adult with the food, clothing, shelter, health care, supervision, or other services which are necessary to maintain his/her mental and physical health.

"Exploitation" shall mean the illegal or improper use of vulnerable adult or his/her resources for another's profit or advantage.

Definitions under MISS. CODE ANN, 43-21-105:

"Child" and "Youth" are synonymous, and each means a person who has not reached his/her eighteenth (18) birthday. A child who has not reached his/her eighteenth (18) birthday who is on active duty for a branch of the armed services and is married is not considered a child or youth for the purposes of this section.

"Abused child" means a child whose parent, guardian, custodian, or any person for his/her care or support, whether legally obligated to do so or not, has caused or allowed to be caused upon said child sexual abuse, sexual exploitation, emotional abuse, mental injury, non-accidental physical injury, or other maltreatment.

"Neglected child" means a child:

a) Whose parent, guardian, custodian, or any person responsible for his/her care or support, neglects or refuses, when able to do so, to provide for him/her proper and necessary care or support, or education as required by law, or medical, surgical, or other care necessary for his well-being; provided, however, a parent who withholds medical treatment from any child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practioner thereof shall not, for that reason alone, be considered to be neglectful under any provision of this section; or

b) Who is otherwise without proper care, custody, supervision, or support; or

c) Who for any reason, lacks the special care made necessary for him by reason of his mental condition, whether said mental condition be mentally retarded or mentally ill; or

d) Who, for any reason, lacks the care necessary for his health, morals, or well-being.

32 Miss. Code. R. 1-23.3