Terms Used In Utah Code 26B-6-211

• 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
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
• 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.
• Database: means the statewide database maintained by the division under Section 26B-6-210. See Utah Code 26B-6-201
• Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
• 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
• 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.
• 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
• Supported: means a finding by the division that there is a reasonable basis to conclude that abuse, neglect, or exploitation occurred. 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