Law enforcement or Adult Protective Services investigators may collect evidence regarding alleged abuse, neglect, or exploitation of a vulnerable adult by taking, or causing to be taken, photographs, video tape recordings, or audio or video tape accounts of a vulnerable adult, if the vulnerable adult:

(1) consents to the taking of the photographs, video tape recordings, or audio or video tape accounts; or

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Terms Used In Utah Code 26B-6-206

  • Abuse: means :
         (2)(a) knowingly or intentionally:
              (2)(a)(i) attempting to cause harm;
              (2)(a)(ii) causing harm; or
              (2)(a)(iii) placing another in fear of harm;
         (2)(b) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult;
         (2)(c) emotional or psychological abuse;
         (2)(d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or
         (2)(e) deprivation of life sustaining treatment, or medical or mental health treatment, except:
              (2)(e)(i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or
              (2)(e)(ii) when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201
  • Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
  • 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 an offense described in Section Utah Code 26B-6-201
  • Neglect: means :
              (22)(a)(i)
                   (22)(a)(i)(A) failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or
                   (22)(a)(i)(B) failure of a caretaker to provide protection from health and safety hazards or maltreatment;
              (22)(a)(ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise;
              (22)(a)(iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being;
              (22)(a)(iv) knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult;
              (22)(a)(v) self-neglect by the vulnerable adult; or
              (22)(a)(vi) abandonment by a caretaker. See Utah Code 26B-6-201
  • Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201
  • Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to:
         (30)(a) provide personal protection;
         (30)(b) provide necessities such as food, shelter, clothing, or mental or other health care;
         (30)(c) obtain services necessary for health, safety, or welfare;
         (30)(d) carry out the activities of daily living;
         (30)(e) manage the adult's own financial resources; or
         (30)(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201
(2) lacks the capacity to give the consent described in Subsection (1).