Utah Code > Title 26B > Chapter 6 > Part 2 – Abuse, Neglect, or Exploitation of a Vulnerable Adult
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Utah Code > Title 26B > Chapter 6 > Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult
- Abandonment: means any knowing or intentional action or failure to act, including desertion, by a person acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or medical or other health care. See Utah Code 26B-6-201
- 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
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- 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- Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
(1)(a)(i) a practitioner or, in the practitioner's presence, by the practitioner's authorized agent; or(1)(a)(ii) the patient or research subject at the direction and in the presence of the practitioner. See Utah Code 58-37-2- Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
- Adult protection case file: means a record, stored in any format, contained in a case file maintained by Adult Protective Services. See Utah Code 26B-6-201
- Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or practitioner but does not include a motor carrier, public warehouseman, or employee of any of them. See Utah Code 58-37-2
- Allegation: something that someone says happened.
- 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.
- Arrest: Taking physical custody of a person by lawful authority.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101
- Capacity to consent: means the ability of an individual to understand and communicate regarding the nature and consequences of decisions relating to the individual, and relating to the individual's property and lifestyle, including a decision to accept or refuse services. See Utah Code 26B-6-201
- Caretaker: means a person or public institution that is entrusted with or assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, resource management, or other necessities for pecuniary gain, by contract, or as a result of friendship, or who is otherwise in a position of trust and confidence with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a neighbor, a person who is employed or who provides volunteer work, a court-appointed or voluntary guardian, or a person who contracts or is under court order to provide care. See Utah Code 26B-6-201
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Continuing criminal enterprise: means any individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and any union or groups of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities created or maintained for the purpose of engaging in conduct which constitutes the commission of episodes of activity made unlawful by Chapter 37, Utah Controlled Substances Act, Chapter 37a, Utah Drug Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, methods of commission, or otherwise are interrelated by distinguishing characteristics. See Utah Code 58-37-2
- Contract: A legal written agreement that becomes binding when signed.
- Control: means to add, remove, or change the placement of a drug, substance, or immediate precursor under Section
58-37-3 . See Utah Code 58-37-2- Controlled substance: means a drug or substance:
(1)(f)(i)(A) included in Schedules I, II, III, IV, or V of Section58-37-4 ;(1)(f)(i)(B) included in Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, P. See Utah Code 58-37-2- Controlled substance analog: means :
(1)(g)(i)(A) a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance listed in Schedules I and II of Section58-37-4 , a substance listed in SectionUtah Code 58-37-2 - Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means a determination of guilt by verdict, whether jury or bench, or plea, whether guilty or no contest, for any offense proscribed by:
(1)(h)(i)(A) Chapter 37, Utah Controlled Substances Act;(1)(h)(i)(B) Chapter 37a, Utah Drug Paraphernalia Act;(1)(h)(i)(C) Chapter 37b, Imitation Controlled Substances Act;(1)(h)(i)(D) Chapter 37c, Utah Controlled Substance Precursor Act; or(1)(h)(i)(E) Chapter 37d, Clandestine Drug Lab Act; or(1)(h)(ii) for any offense under the laws of the United States and any other state which, if committed in this state, would be an offense under:(1)(h)(ii)(A) Chapter 37, Utah Controlled Substances Act;(1)(h)(ii)(B) Chapter 37a, Utah Drug Paraphernalia Act;(1)(h)(ii)(C) Chapter 37b, Imitation Controlled Substances Act;(1)(h)(ii)(D) Chapter 37c, Utah Controlled Substance Precursor Act; or(1)(h)(ii)(E) Chapter 37d, Clandestine Drug Lab Act. See Utah Code 58-37-2- Counterfeit substance: means :
(1)(i)(i) any controlled substance or container or labeling of any controlled substance that:(1)(i)(i)(A) without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be a controlled substance distributed by any other manufacturer, distributor, or dispenser; and(1)(i)(i)(B) a reasonable person would believe to be a controlled substance distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under Subsection (1)(i)(i)(A) or the appearance of the container of that controlled substance; or(1)(i)(ii) any substance other than under Subsection (1)(i)(i) that:(1)(i)(ii)(A) is falsely represented to be any legally or illegally manufactured controlled substance; and(1)(i)(ii)(B) a reasonable person would believe to be a legal or illegal controlled substance. See Utah Code 58-37-2- Database: means the statewide database maintained by the division under Section 26B-6-210. See Utah Code 26B-6-201
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- delivery: means the actual, constructive, or attempted transfer of a controlled substance or a listed chemical, whether or not an agency relationship exists. See Utah Code 58-37-2
- Department: means the Department of Commerce. See Utah Code 58-37-2
- Dependent: A person dependent for support upon another.
- Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
- Dispense: means the delivery of a controlled substance by a pharmacist to an ultimate user pursuant to the lawful order or prescription of a practitioner, and includes distributing to, leaving with, giving away, or disposing of that substance as well as the packaging, labeling, or compounding necessary to prepare the substance for delivery. See Utah Code 58-37-2
- Dispenser: means a pharmacist who dispenses a controlled substance. See Utah Code 58-37-2
- Distribute: means to deliver other than by administering or dispensing a controlled substance or a listed chemical. See Utah Code 58-37-2
- Distributor: means a person who distributes controlled substances. See Utah Code 58-37-2
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-37-2- Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
- Drug: means :
(1)(r)(i)(A) a substance recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;(1)(r)(i)(B) a substance that is required by any applicable federal or state law or rule to be dispensed by prescription only or is restricted to administration by practitioners only;(1)(r)(i)(C) a substance other than food intended to affect the structure or any function of the body of humans or other animals; and(1)(r)(i)(D) substances intended for use as a component of any substance specified in Subsections (1)(r)(i)(A), (B), and (C). See Utah Code 58-37-2- Drug paraphernalia: includes :
(2)(a) kits used, or intended for use, in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived;(2)(b) kits used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing a controlled substance;(2)(c) isomerization devices used, or intended for use, to increase the potency of any species of plant which is a controlled substance;(2)(d) except as provided in Subsection (3), testing equipment used, or intended for use, to identify or to analyze the strength, effectiveness, or purity of a controlled substance;(2)(e) scales and balances used, or intended for use, in weighing or measuring a controlled substance;(2)(f) diluents and adulterants, such as quinine hydrochloride, mannitol, mannited, dextrose and lactose, used, or intended for use to cut a controlled substance;(2)(g) separation gins and sifters used, or intended for use to remove twigs, seeds, or other impurities from marihuana;(2)(h) blenders, bowls, containers, spoons and mixing devices used, or intended for use to compound a controlled substance;(2)(i) capsules, balloons, envelopes, and other containers used, or intended for use to package small quantities of a controlled substance;(2)(j) containers and other objects used, or intended for use to store or conceal a controlled substance;(2)(k) hypodermic syringes, needles, and other objects used, or intended for use to parenterally inject a controlled substance into the human body, except as provided in Section 58-37a-5; and(2)(l) objects used, or intended for use to ingest, inhale, or otherwise introduce a controlled substance into the human body, including but not limited to:(2)(l)(i) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;(2)(l)(ii) water pipes;(2)(l)(iii) carburetion tubes and devices;(2)(l)(iv) smoking and carburetion masks;(2)(l)(v) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;(2)(l)(vi) miniature cocaine spoons and cocaine vials;(2)(l)(vii) chamber pipes;(2)(l)(viii) carburetor pipes;(2)(l)(ix) electric pipes;(2)(l)(x) air-driven pipes;(2)(l)(xi) chillums;(2)(l)(xii) bongs; and(2)(l)(xiii) ice pipes or chillers. See Utah Code 58-37a-3- Elder adult: means an individual 65 years old or older. See Utah Code 26B-6-201
- Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201
- Emergency protective services: means measures taken by Adult Protective Services under time-limited, court-ordered authority for the purpose of remediating an emergency. See Utah Code 26B-6-201
- Emotional or psychological abuse: includes intimidating, threatening, isolating, coercing, or harassing. 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.
- Executive director: means the executive director of the Department of Commerce. See Utah Code 58-1-102
- Exploitation: means an offense described in Section Utah Code 26B-6-201
- Food: means :
(1)(t)(i) any nutrient or substance of plant, mineral, or animal origin other than a drug as specified in this chapter, and normally ingested by human beings; and(1)(t)(ii) foods for special dietary uses as exist by reason of a physical, physiological, pathological, or other condition including but not limited to the conditions of disease, convalescence, pregnancy, lactation, allergy, hypersensitivity to food, underweight, and overweight; uses for supplying a particular dietary need which exist by reason of age including but not limited to the ages of infancy and childbirth, and also uses for supplementing and for fortifying the ordinary or unusual diet with any vitamin, mineral, or other dietary property for use of a food. See Utah Code 58-37-2- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- Harm: means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, serious physical injury, suffering, or distress inflicted knowingly or intentionally. See Utah Code 26B-6-201
- Inconclusive: means a finding by the division that there is not a reasonable basis to conclude that abuse, neglect, or exploitation occurred. See Utah Code 26B-6-201
- Indian: means a member of an Indian tribe. See Utah Code 58-37-2
- Indian religion: means any religion:
(1)(w)(i) the origin and interpretation of which is from within a traditional Indian culture or community; and(1)(w)(ii) which is practiced by Indians. See Utah Code 58-37-2- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Isolation: means knowingly or intentionally preventing a vulnerable adult from having contact with another person, unless the restriction of personal rights is authorized by court order, by:
(20)(a)(i) preventing the vulnerable adult from communicating, visiting, interacting, or initiating interaction with others, including receiving or inviting visitors, mail, or telephone calls, contrary to the expressed wishes of the vulnerable adult, or communicating to a visitor that the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing that communication to be false;(20)(a)(ii) physically restraining the vulnerable adult in order to prevent the vulnerable adult from meeting with a visitor; or(20)(a)(iii) making false or misleading statements to the vulnerable adult in order to induce the vulnerable adult to refuse to receive communication from visitors or other family members. See 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.
- Lacks capacity to consent: is a s defined in Section Utah Code 26B-6-201
- Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
- Man: means an adult human male. See Utah Code 68-3-12.5
- Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. See Utah Code 58-37-2
- Manufacturer: includes any person who packages, repackages, or labels any container of any controlled substance, except pharmacists who dispense or compound prescription orders for delivery to the ultimate consumer. See Utah Code 58-37-2
- Marijuana: means all species of the genus cannabis and all parts of the genus, whether growing or not, including:
(1)(aa)(i)(A) seeds;(1)(aa)(i)(B) resin extracted from any part of the plant, including the resin extracted from the mature stalks;(1)(aa)(i)(C) every compound, manufacture, salt, derivative, mixture, or preparation of the plant, seeds, or resin;(1)(aa)(i)(D) any synthetic equivalents of the substances contained in the plant cannabis sativa or any other species of the genus cannabis which are chemically indistinguishable and pharmacologically active; and(1)(aa)(i)(E) any component part or cannabinoid extracted or isolated from the plant, including extracted or isolated tetrahydrocannabinols. See Utah Code 58-37-2- 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- Opiate: means any drug or other substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Utah Code 58-37-2
- Person: means any corporation, association, partnership, trust, other institution or entity or one or more individuals. See Utah Code 58-37-2
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Physical injury: includes the damage and conditions described in Section 76-5-111. See Utah Code 26B-6-201
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Practitioner: means a physician, dentist, naturopathic physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37-2
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Prescribe: means to issue a prescription:
(1)(kk)(i) orally or in writing; or(1)(kk)(ii) by telephone, facsimile transmission, computer, or other electronic means of communication as defined by division rule. See Utah Code 58-37-2- Prescription: means an order issued:
(1)(ll)(i) by a licensed practitioner, in the course of that practitioner's professional practice or by collaborative pharmacy practice agreement; and(1)(ll)(ii) for a controlled substance or other prescription drug or device for use by a patient or an animal. See Utah Code 58-37-2- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Production: means the manufacture, planting, cultivation, growing, or harvesting of a controlled substance. See Utah Code 58-37-2
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Self-neglect: means the failure of a vulnerable adult to provide or obtain food, water, medication, health care, shelter, cooling, heating, safety, or other services necessary to maintain the vulnerable adult's well being when that failure is the result of the adult's mental or physical impairment. See Utah Code 26B-6-201
- Serious physical injury: is a s defined in Section 76-5-111. See Utah Code 26B-6-201
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- State: means the state of Utah. See Utah Code 58-37-2
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Ultimate user: means any person who lawfully possesses a controlled substance for the person's own use, for the use of a member of the person's household, or for administration to an animal owned by the person or a member of the person's household. See Utah Code 58-37-2
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- use: means the joint or individual ownership, control, occupancy, holding, retaining, belonging, maintaining, or the application, inhalation, swallowing, injection, or consumption, as distinguished from distribution, of controlled substances and includes individual, joint, or group possession or use of controlled substances. See Utah Code 58-37-2
- Venue: The geographical location in which a case is tried.
- 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- Without merit: means a finding that abuse, neglect, or exploitation did not occur. See Utah Code 26B-6-201
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5 - Acquittal: