Terms Used In Kansas Statutes 39-1409

• Abuse: means any act or failure to act performed intentionally or recklessly that causes or is likely to cause harm to a resident, including:

  (1) Infliction of physical or mental injury;

  (2) any sexual act with a resident when the resident does not consent or when the other person knows or should know that the resident is incapable of resisting or declining consent to the sexual act due to mental deficiency or disease or due to fear of retribution or hardship;

  (3) unreasonable use of a physical restraint, isolation or medication that harms or is likely to harm a resident;

  (4) unreasonable use of a physical or chemical restraint, medication or isolation as punishment, for convenience, in conflict with a physician's orders or as a substitute for treatment, except where such conduct or physical restraint is in furtherance of the health and safety of the resident or another resident;

  (5) a threat or menacing conduct directed toward a resident that results or might reasonably be expected to result in fear or emotional or mental distress to a resident;

  (6) fiduciary abuse; or

  (7) omission or deprivation by a caretaker or another person of goods or services which are necessary to avoid physical or mental harm or illness. See Kansas Statutes 39-1401

• Act: means Kan. See Kansas Statutes 39-1430
• Caretaker: means a person or institution who has assumed the responsibility, whether legally or not, for the care of the resident voluntarily, by contract or by order of a court of competent jurisdiction. See Kansas Statutes 39-1401
• Exploitation: means misappropriation of resident property or intentionally taking unfair advantage of an adult's physical or financial resources for another individual's personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense by a caretaker or another person. See Kansas Statutes 39-1401
• Law enforcement: means the public office which is vested by law with the duty to maintain public order, make arrests for crimes and investigate criminal acts, whether that duty extends to all crimes or is limited to specific crimes. See Kansas Statutes 39-1401
• Neglect: means the failure or omission by one's self, caretaker or another person with a duty to provide goods or services which are reasonably necessary to ensure safety and well-being and to avoid physical or mental harm or illness. See Kansas Statutes 39-1401
• Report: means a description or accounting of an incident or incidents of abuse, neglect or exploitation under this act and for the purposes of this act shall not include any written assessment or findings. See Kansas Statutes 39-1401
• Resident: means :

  (1) Any resident, as defined by Kan. See Kansas Statutes 39-1401

• Secretary: means the secretary for children and families. See Kansas Statutes 39-1430
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201