26B-6-203. Powers and duties of Adult Protective Services. In addition to all other powers and duties that Adult Protective Services is given under this part, Adult Protective Services:
(1)
shall maintain an intake system for receiving and screening reports;
Terms Used In Utah Code 26B-6-203
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;
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
Allegation: something that someone says happened.
Capacity to consent: means the ability of an individual to understand and communicate regarding the nature and consequences of decisions relating to the individual, and relating to the individual's property and lifestyle, including a decision to accept or refuse services. See Utah Code 26B-6-201
Caretaker: means a person or public institution that is entrusted with or assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, resource management, or other necessities for pecuniary gain, by contract, or as a result of friendship, or who is otherwise in a position of trust and confidence with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a neighbor, a person who is employed or who provides volunteer work, a court-appointed or voluntary guardian, or a person who contracts or is under court order to provide care. 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
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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;
Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Subpoena: A command to a witness to appear and give testimony.
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 investigate referrals that meet the intake criteria;
(3)
shall conduct assessments of vulnerability and functional capacity as it relates to an allegation of abuse, neglect, or exploitation of an adult who is the subject of a report;
(4)
shall perform assessments based on protective needs and risks for a vulnerable adult who is the subject of a report;
(5)
may address any protective needs by making recommendations to and coordinating with the vulnerable adult or by making referrals to community resources;
(6)
may provide short-term, limited services to a vulnerable adult when family or community resources are not available to provide for the protective needs of the vulnerable adult;
(7)
shall have access to facilities licensed by, or contracted with, the department for the purpose of conducting investigations;
(8)
shall be given access to, or provided with, written statements, documents, exhibits, and other items related to an investigation, including private, controlled, or protected medical or financial records of a vulnerable adult who is the subject of an investigation if:
(a)
for a vulnerable adult who has the capacity to consent, the vulnerable adult signs a release of information; or
(b)
an administrative subpoena is issued by Adult Protective Services:
(i)
for a vulnerable adult who has limited capacity to consent;
(ii)
for a vulnerable adult whose legal guardian refuses to consent;
(iii)
to a custodian of records or other items for a vulnerable adult, if the custodian refuses to allow access to the records or items without a subpoena; or
(iv)
when the records or other items sought are reasonably necessary for Adult Protective Services to:
(A)
investigate the alleged abuse, neglect, or exploitation of a vulnerable adult; or
(B)
protect the vulnerable adult who may be the victim of abuse, neglect, or exploitation;
(9)
may initiate proceedings in a court of competent jurisdiction to seek relief necessary to carry out the provisions of this chapter;
(10)
shall, subject to Section 26B-6-217, provide emergencyprotective services;
(11)
may require all persons, including family members of a vulnerable adult and any caretaker, to cooperate with Adult Protective Services in carrying out its duties under this chapter, including the provision of statements, documents, exhibits, and other items that assist Adult Protective Services in conducting investigations and providing protective services;
(12)
may require all officials, agencies, departments, and political subdivisions of the state to assist and cooperate within their jurisdictional power with the court, the division, and Adult Protective Services in furthering the purposes of this chapter;
(13)
may conduct studies and compile data regarding abuse, neglect, and exploitation; and
(14)
may issue reports and recommendations.
Renumbered and Amended by Chapter 308, 2023 General Session Amended by Chapter 318, 2023 General Session
