Terms Used In Kansas Statutes 39-1412

• 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
• Adult: means a person 18 years of age or older alleged to be unable to protect such person's own interest and who is harmed or threatened with harm, whether financial, mental or physical in nature, through action or inaction by either another individual or through such person's own action or inaction when:

  (A) Such person is residing in such person's own home, the home of a family member or the home of a friend;

  (B) such person resides in an adult family home as defined in Kan. See Kansas Statutes 39-1430

• Adult care home: means the same as defined in Kan. See Kansas Statutes 39-1401
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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
• 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
• Secretary: means the secretary for children and families. See Kansas Statutes 39-1430