Kentucky Statutes 209.010 – Purpose and application of chapter
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(1) The purpose of this chapter is:
(a) To provide for the protection of adults who may be suffering from abuse, neglect, or exploitation, and to bring said cases under the purview of the Circuit or District Court;
(b) To provide that any person who becomes aware of such cases shall report them to a representative of the cabinet, thereby causing the protective services of the state to be brought to bear in an effort to protect the health and welfare of these adults in need of protective services and to prevent abuse, neglect, or exploitation; and
(c) To promote coordination and efficiency among agencies and entities that have a responsibility to respond to the abuse, neglect, or exploitation of adults.
(2) This chapter shall apply to the protection of adults who are the victims of abuse, neglect, or exploitation inflicted by a person or caretaker. It shall not apply to victims of domestic violence unless the victim is also an adult as defined in KRS
209.020(4).
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 132, sec. 1, effective June 20, 2005. — Amended
1978 Ky. Acts ch. 370, sec. 1, effective June 17, 1978. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 200, effective January 2, 1978. — Created 1976 Ky. Acts ch. 157, sec. 2.
Legislative Research Commission Note (11/9/93). A prior reference to the
“department” in this statute was changed to “cabinet” pursuant to 1982 Ky. Acts ch.
393, sec. 50(5), and KRS § 7.136(2).
(a) To provide for the protection of adults who may be suffering from abuse, neglect, or exploitation, and to bring said cases under the purview of the Circuit or District Court;
Terms Used In Kentucky Statutes 209.010
- Abuse: means the infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental injury. See Kentucky Statutes 209.020
- Adult: means a person eighteen (18) years of age or older who, because of mental or physical dysfunctioning, is unable to manage his or her own resources, carry out the activity of daily living, or protect himself or herself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services. See Kentucky Statutes 209.020
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 209.020
- Caretaker: means an individual or institution who has been entrusted with or who has the responsibility for the care of the adult as a result of family relationship, or who has assumed the responsibility for the care of the adult person voluntarily or by contract, employment, legal duty, or agreement. See Kentucky Statutes 209.020
- Court: means the Circuit Court or the District Court if no judge of that Circuit
Court is present in the county. See Kentucky Statutes 209.020 - Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Exploitation: means obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources. See Kentucky Statutes 209.020
- Neglect: means a situation in which an adult is unable to perform or obtain for himself or herself the goods or services that are necessary to maintain his or her health or welfare, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult. See Kentucky Statutes 209.020
- Protective services: means agency services undertaken with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. See Kentucky Statutes 209.020
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(b) To provide that any person who becomes aware of such cases shall report them to a representative of the cabinet, thereby causing the protective services of the state to be brought to bear in an effort to protect the health and welfare of these adults in need of protective services and to prevent abuse, neglect, or exploitation; and
(c) To promote coordination and efficiency among agencies and entities that have a responsibility to respond to the abuse, neglect, or exploitation of adults.
(2) This chapter shall apply to the protection of adults who are the victims of abuse, neglect, or exploitation inflicted by a person or caretaker. It shall not apply to victims of domestic violence unless the victim is also an adult as defined in KRS
209.020(4).
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 132, sec. 1, effective June 20, 2005. — Amended
1978 Ky. Acts ch. 370, sec. 1, effective June 17, 1978. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 200, effective January 2, 1978. — Created 1976 Ky. Acts ch. 157, sec. 2.
Legislative Research Commission Note (11/9/93). A prior reference to the
“department” in this statute was changed to “cabinet” pursuant to 1982 Ky. Acts ch.
393, sec. 50(5), and KRS § 7.136(2).