Montana Code 52-3-815. Evidence of abuse, sexual abuse, neglect, or exploitation to be gathered and submitted
52-3-815. Evidence of abuse, sexual abuse, neglect, or exploitation to be gathered and submitted. (1) A person or agency receiving a report of suspected abuse, sexual abuse, neglect, or exploitation under 52-3-811 shall prepare a written description of the conditions regarded as evidence of abuse, sexual abuse, neglect, or exploitation and may, with the consent of an allegedly abused, sexually abused, neglected, or exploited vulnerable adult or without consent of the vulnerable adult if it appears that the vulnerable adult is an incapacitated person, take or cause to be taken photographs of an area of trauma visible on the body of the allegedly abused, sexually abused, neglected, or exploited vulnerable adult and regarded as evidence of abuse, sexual abuse, neglect, or exploitation.
Terms Used In Montana Code 52-3-815
- Abuse: means :
(a)the infliction of physical or mental injury;
(b)the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of a vulnerable adult without lawful authority. See Montana Code 52-3-803
- Allegation: something that someone says happened.
- 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 :
(a)the unreasonable use of a vulnerable adult or of a power of attorney, conservatorship, or guardianship with regard to a vulnerable adult in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property;
(b)an act taken by a person who has the trust and confidence of a vulnerable adult to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property;
(c)the unreasonable use of a vulnerable adult or of a power of attorney, conservatorship, or guardianship with regard to a vulnerable adult done in the course of an offer or sale of insurance or securities in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of the vulnerable adult's money, assets, or property. See Montana Code 52-3-803
- Incapacitated person: has the meaning provided in 72-5-101. See Montana Code 52-3-803
- Neglect: means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for a vulnerable adult or who has voluntarily assumed responsibility for the a vulnerable adult's care, including an employee of a public or private residential institution, facility, home, or agency, to provide food, shelter, clothing, or services necessary to maintain the physical or mental health of the vulnerable adult. See Montana Code 52-3-803
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Sexual abuse: means the commission of sexual assault, sexual intercourse without consent, indecent exposure, deviate sexual conduct, incest, or sexual abuse of children as described in Title 45, chapter 5, part 5, and Title 45, chapter 8, part 2. See Montana Code 52-3-803
- Vulnerable adult: means a person who:
(a)is 60 years of age or older; or
(b)is 18 years of age or older and:
(i)is a person with a physical or mental impairment that substantially limits or restricts the person's ability to provide for their own care or protection; or
(ii)has a developmental disability as defined in 53-20-102. See Montana Code 52-3-803
(2)A physician required to report under 52-3-811 may, with the consent of an allegedly abused, sexually abused, neglected, or exploited vulnerable adult or without consent of the vulnerable adult if it appears that the person is an incapacitated person, require x-rays or other appropriate medical tests or procedures that would, in the professional opinion of the physician, assist in establishing evidence related to the allegation of abuse, sexual abuse, neglect, or exploitation.
(3)Evidence authorized to be gathered under this section must be submitted with the report required under 52-3-811 to the authorities designated in 52-3-811 as soon as possible after submission of the report.