Utah Code 26B-6-202. Purpose of Adult Protective Services Program

26B-6-202. Purpose of Adult Protective Services Program.
Subject to the rules made by the division under Section 26B-6-110, Adult Protective Services:

(1)	shall investigate or cause to be investigated reports of alleged abuse, neglect, or exploitation of vulnerable adults;

Terms Used In Utah Code 26B-6-202

Abuse: means :

(a)

knowingly or intentionally:

(i)	attempting to cause harm;

(ii)	causing harm; or

(iii)

placing another in fear of harm;

(b)	unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult;

(c)	emotional or psychological abuse;

(d)	a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or

(e)

deprivation of life sustaining treatment, or medical or mental health treatment, except:

(i)	as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or

(ii)

when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201

Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201

Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201

Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101

Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201

Exploitation: means an offense described in Section 76-5-111. See Utah Code 26B-6-201

Neglect: means :

(i)

(A)	failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or

(B)	failure of a caretaker to provide protection from health and safety hazards or maltreatment;

(ii)	failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;

(iii)

a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;

(iv)	knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult;

(v)	self-neglect by the vulnerable adult; or

(vi)

abandonment by a caretaker. See Utah Code 26B-6-201

Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201

Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to:

(a)	provide personal protection;

(b)	provide necessities such as food, shelter, clothing, or mental or other health care;

(c)	obtain services necessary for health, safety, or welfare;

(d)	carry out the activities of daily living;

(e)	manage the adult's own financial resources; or

(f)	comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201
(2)	shall, where appropriate, provide short-term, limited protective services with the permission of the affected vulnerable adult or the guardian or conservator of the vulnerable adult;

(3)	shall, subject to Section 26B-6-217, provide emergency protective services; and

(4)

may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and develop procedures and policies relating to:

(a)	reporting and investigating incidents of abuse, neglect, or exploitation; and

(b)	providing protective services to the extent that funds are appropriated by the Legislature for this purpose.

Renumbered and Amended by Chapter 308, 2023 General Session

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