(a) Abandonment refers to the desertion of an elderly or adult with a disability by his or her caregiver under circumstances in which a reasonable person would continue to provide care or custody.

(b) Adult with a Disability is any person eighteen (18)
years or older who:

(1) has a physical or mental impairment which substantially limits one (1) or more major life activities; or

(2) has a history of, or has been classified as having, an impairment which substantially limits one (1) or more major life activities.

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(c) Bodily Injury means physical pain, illness, unconsciousness or any impairment of physical condition, in accordance with Chapter 16 of Title 9, Guam Code Ann..

(d) Bureau of Adult Protective Services means the
“”Bureau”” established by § 2955 of this Article.

(e) Caregiver is any family member or any person, health facility, community care facility, clinic, home health care agency or legal guardian who has the care or custody of the elderly or adult with disability.

(f) Department refers to the Department of Public
Health and Social Services.

(g) Desertion refers to the act by which a person abandons and forsakes, without justification, a condition of public, social, or family life, renouncing its responsibilities and evading its duties.

(h) Elderly refers to a person age sixty (60) years or older.

(i) Elderly or Adult with a Disability Abuse means self- neglect or any one (1) or more of the following acts inflicted on an elderly or adult with a disability by other than accidental means by another person: physical abuse, neglect, or abandonment.

(j) Emotional or Psychological Abuse means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elderly or adult with a disability.

(k) Expunged means the sealing of records to all persons outside of the Bureau of Adult Protective Services and law enforcement agencies of Guam, and the federal agencies entitled thereto, and a refusal by such agencies to admit the existence of such records to persons not entitled to examine

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them.

(l) Financial or Property Exploitation means illegal or improper use of an elderly or adult with a disability’s money, property, or other resources for monetary or personal benefit, profit or gain. This includes, but is not limited to, theft, misappropriation, concealment, misuse or fraudulent deprivation of money or property belonging to the elderly or adult with a disability.

(m) Investigation means that activity undertaken to determine the validity of a report of elderly or adult with a disability abuse.

(n) Major Life Activities include, but are not limited to: caring for oneself, performing manual tasks, standing, walking, seeing, hearing, eating, sleeping, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking and working.

(o) Neglect means the failure of a reasonable caregiver to provide for the physical, mental or emotional health and well-being of the elderly or adult with a disability and includes, but is not limited to:

(1) Failure to assist or provide personal hygiene for the elderly or adult with a disability.

(2) Failure to provide adequate food, water, clothing or shelter.

(3) Failure to provide medical care for the physical and mental health of the elderly or adult with a disability. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.

(4) Failure to protect an elderly or adult with a disability from health, safety hazards, or physical harm.

(p) Physical Abuse means the willful infliction of or omission which results in physical harm. It includes, but is not limited to, cruel punishment resulting in physical harm or

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pain or mental anguish, such as direct beatings, slapping, kicking, biting, choking, burning or unreasonable physical restraint or confinement resulting in physical injury.

(q) Physical Harm means bodily pain, injury, impairment or disease.

(r) Self-Neglect Abuse is characterized as the behavior of an elderly or adult with a disability that threatens his/her own health or safety. Self-neglect generally manifests itself when an elderly or adult with a disability refuses to provide him/herself with adequate food, clothing, shelter, personal hygiene, medication (when indicated), and safety precautions. The definition of self-neglect excludes a situation in which a mentally competent elderly or adult with a disability, who understands the consequences of his/her decisions, makes a conscious and voluntary decision to engage in acts that threaten his/her health or safety as a matter of personal choice.

(s) Serious Abuse means an act or omission resulting in serious bodily injury which creates: serious permanent disfigurement; a substantial risk of death or serious, permanent disfigurement; severe or intense physical pain or protracted loss or impairment of consciousness or of the function of any bodily member or organ, as defined in Chapter 16 of Title 9, Guam Code Ann.; or sexual offenses pursuant to Chapter 25 of Title 9, Guam Code Annotated.

(t) Sexual Abuse means any form of non-consensual sexual contact, including but not limited to, unwanted or inappropriate sexual gratification, touching, rape, sodomy, sexual coercion, sexually explicit photographing, sexual harassment, involuntary exposure to sexually explicit material or language, and as defined in the penal code of Guam.

(u) Substantiated Report means a report made pursuant to this Chapter, if an investigation by the Bureau of Adult Protective Services, or its authorized agency, determines that there is sufficient evidence to support the existence of the

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abuse or neglect.

(v) Unsubstantiated Report means a report made pursuant to this Chapter, if an investigation by the Bureau of Adult Protective Services or its authorized agency determines that there is insufficient or inconclusive evidence of abuse, but existence of the abuse cannot be disproved to the satisfaction of the Bureau of Adult Protective Services.

SOURCE: Added by P.L. 19-054:1 (Jan. 30, 1989); Subsection (m) added by P.L. 21-033:10 (May 17, 1991), subsequent subsections were renumbered. Repealed and reenacted by P.L. 31-278:3 (Dec. 28, 2012).

§ 21003. Reporting of Elderly or Adult with a Disability
Abuse.

(a) Any person who, in the course of his or her employment, occupation or professional practice comes into contact with elderly or adults with disabilities, has actual knowledge or reasonable cause to believe that an elderly or adult with a disability is suffering from or has died as a result of abuse as defined in § 2951, shall immediately make a verbal report of such information or cause a report to be made to the Bureau of Adult Protective Services or its authorized agency and shall, within forty-eight (48) hours, make a written report to the Bureau or its authorized agency. If a verbal report is made on a Friday, a written report will be made by the next workday.

(b) Persons required to report abuse under Subsection (a) include, but are not limited to, physicians, medical interns, medical examiners, nurses, chiropractors, hospital personnel engaged in the admission, examination, care or treatment of persons, social workers, employees of nursing homes, senior citizen centers and adult day care facilities, police officers, probation officers, employees of homemaker and home health service agencies, emergency medical service (EMS) providers, non-emergency medical transport providers, medical and allied health care providers, banking or financial institution personnel, pension providers, and practicum students in the field of health and human services.

(c) In addition to persons required to report under
Subsections (a) and (b), any other person may make such report

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to the Bureau of Adult Protective Services if any such person has a reasonable cause to believe that an elderly or adult with a disability is suffering from or has died as a result of abuse.

(d) Oral or written reports from persons required to report under Subsections (a) and (b) shall include the following information, if available:

(1) The name of the person making the report and where he or she can be reached. The identity of the person making the report shall be confidential, but made available to an agency contracted authorized by the Bureau of Adult Protective Services to provide case investigation.

(2) The name, address and approximate age of the elderly or adult with a disability.

(3) Information regarding the nature and extent of the abuse, the name of the person’s caretaker, if known, and any medical treatment being received or immediately required, if known.

(4) The name of the person or persons responsible for causing the suspected abuse.

(5) The source of the report.

(6) Any other information which may assist in the investigation of the suspected abuse.

(7) The identity of the person making the report shall be confidential.

(e) Reports of elderly or adult with a disability abuse may be made anonymously under this Chapter.

SOURCE: Added by P.L. 19-054:1 (Jan. 30, 1989). Subsection (d)(1) amended by P.L. 21-033:11; Subsection (e) added by P.L. 21-033:12. Amended by P.L. 31-278:4 (Dec. 28, 2012).