Terms Used In Utah Code 26B-6-205

• 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 Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Exploitation: means an offense described in Section 76-5-111. See Utah Code 26B-6-201 Harm: means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, serious physical injury, suffering, or distress inflicted knowingly or intentionally. 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 Person: means :Utah Code 68-3-12.5 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 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)  (a)  If a peace officer or a law enforcement agency receives a report under Subsection (1), the peace officer or the law enforcement agency shall immediately notify Adult Protective Services. (b)  Adult Protective Services and the peace officer or the law enforcement agency shall coordinate, as appropriate, efforts to investigate the report under Subsection (1) and to provide protection to the vulnerable adult. (3)  When a report under Subsection (1), or a subsequent investigation by Adult Protective Services, indicates that a criminal offense may have occurred against a vulnerable adult: (a)  Adult Protective Services shall notify the nearest local law enforcement agency regarding the potential offense; and (b)  the law enforcement agency shall initiate an investigation in cooperation with Adult Protective Services. (4)  Subject to Subsection (5), the reporting requirement described in Subsection (1) does not apply to: (a)  a member of the clergy, with regard to any confession made to the member of the clergy while functioning in the ministerial capacity of the member of the clergy and without the consent of the individual making the confession, if: (i)  the perpetrator made the confession directly to the member of the clergy; and (ii)  the member of the clergy is, under canon law or church doctrine or practice, bound to maintain the confidentiality of that confession; or (b)  an attorney, or an individual employed by the attorney, if knowledge of the suspected abuse, neglect, or exploitation of a vulnerable adult arises from the representation of a client, unless the attorney is permitted to reveal the suspected abuse, neglect, or exploitation of the vulnerable adult to prevent reasonably certain death or substantial bodily harm in accordance with Utah Rules of Professional Conduct, Rule 1.6. (5)  (a)  When a member of the clergy receives information about abuse, neglect, or exploitation of a vulnerable adult from any source other than confession of the perpetrator, the member of the clergy is required to report that information even though the member of the clergy may have also received information about abuse, neglect, or exploitation from the confession of the perpetrator. (b)  Exemption of the reporting requirement for an individual described in Subsection (4) does not exempt the individual from any other efforts required by law to prevent further abuse, neglect, or exploitation of a vulnerable adult by the perpetrator. (6)  (a)  As used in this Subsection (6), “physician” means an individual licensed to practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. (b)  The physician-patient privilege does not: (i)  excuse a physician from reporting suspected abuse, neglect, or exploitation of a vulnerable adult under Subsection (1); or (ii)  constitute grounds for excluding evidence regarding a vulnerable adult’s injuries, or the cause of the vulnerable adult’s injuries, in any judicial or administrative proceeding resulting from a report under Subsection (1). (7)  (a)  An individual who in good faith makes a report under Subsection (1), or who otherwise notifies Adult Protective Services or a peace officer or law enforcement agency, is immune from civil and criminal liability in connection with the report or notification. (b)  A covered provider or covered contractor, as defined in Section 26B-2-238, that knowingly fails to report suspected abuse, neglect, or exploitation of a vulnerable adult to Adult Protective Services, or to the nearest peace officer or law enforcement agency, under Subsection (1), is subject to a private right of action and liability for the abuse, neglect, or exploitation of a vulnerable adult that is committed by the individual who was not reported to Adult Protective Services or to the nearest peace officer or law enforcement agency. (c)  This Subsection (7) does not provide immunity with respect to acts or omissions of a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity Act of Utah. (8)  If Adult Protective Services has substantial grounds to believe that an individual has knowingly failed to report suspected abuse, neglect, or exploitation of a vulnerable adult in accordance with this section, Adult Protective Services shall file a complaint with: (a)  the Division of Professional Licensing if the individual is a health care provider, as defined in Section 80-2-603, or a mental health therapist, as defined in Section 58-60-102; (b)  the appropriate law enforcement agency if the individual is a law enforcement officer, as defined in Section 53-13-103; and (c)  the State Board of Education if the individual is an educator, as defined in Section 53E-6-102. (9)  (a)  An individual is guilty of a class B misdemeanor if the individual willfully fails to report suspected abuse, neglect, or exploitation of a vulnerable adult to Adult Protective Services, or to the nearest peace officer or law enforcement agency under Subsection (1). (b)  If an individual is convicted under Subsection (9)(a), the court may order the individual, in addition to any other sentence the court imposes, to: (i)  complete community service hours; or (ii)  complete a program on preventing abuse, neglect, and exploitation of vulnerable adults. (c)  In determining whether it would be appropriate to charge an individual with a violation of Subsection (9)(a), the prosecuting attorney shall take into account whether a reasonable individual would not have reported suspected abuse, neglect, or exploitation of a vulnerable adult because reporting would have placed the individual in immediate danger of death or serious bodily injury. (d)  Notwithstanding any contrary provision of law, a prosecuting attorney may not use an individual’s violation of Subsection (9)(a) as the basis for charging the individual with another offense. (e)  A prosecution for failure to report under Subsection (9)(a) shall be commenced within two years after the day on which the individual had knowledge of the suspected abuse, neglect, or exploitation and willfully failed to report. (10)  Under circumstances not amounting to a violation of Section 76-8-508, an individual is guilty of a class B misdemeanor if the individual threatens, intimidates, or attempts to intimidate a vulnerable adult who is the subject of a report under Subsection (1), the individual who made the report under Subsection (1), a witness, or any other person cooperating with an investigation conducted in accordance with this chapter. (11)  An adult is not considered abused, neglected, or a vulnerable adult for the reason that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of medical care. Renumbered and Amended by Chapter 308, 2023 General Session   Previous section Next section    Part 2 Contents