Terms Used In Kansas Statutes 39-1433

• 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

• 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 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
• Financial exploitation: includes , but is not limited to:

  (1) The use of deception, intimidation, coercion, extortion or undue influence by a person or entity to obtain or use an adult's property, income, resources or trust funds in a manner for the profit of or to the advantage of such person or entity;

  (2) the breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust or a guardianship or conservatorship appointment, as it relates to the property, income, resources or trust funds of the adult; or

  (3) the obtainment or use of an adult's property, income, resources or trust funds, without lawful authority, by a person or entity who knows or clearly should know that the adult lacks the capacity to consent to the release or use of such adult's property, income, resources or trust funds. See Kansas Statutes 39-1430

• Involved adult: means the adult who is the subject of a report of abuse, neglect or financial exploitation under this act. See Kansas Statutes 39-1430
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Protective services: means services provided by the state or other governmental agency or any private organizations or individuals which are necessary to prevent abuse, neglect or exploitation. 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
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• 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