Friday, March 23, 2007

Abuse, Neglect, or Exploitation as defined in Section 415.102, F.S. Definitions

CRITERIAThe allegations must constitute abuse, neglect, or exploitation as defined in Section 415.102, F.S. Definitions:

a) "Abuse" means the non-accidental infliction of physical or psychological injury or sexual abuse upon an elderly person or disabled adult by a relative, care giver, or household member, or an action by any of those persons which could reasonably be expected to result in physical or psychological injury or sexual abuse of the victim by any person, Abuse is also the active encouragement of any person by a relative, care giver, or household member to commit an act that inflicts or could reasonably be expected to result in physical or psychological injury.

b) "Neglect" means the failure or omission on the part of the care giver or elderly person or disabled adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the elderly person or disabled adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, that a prudent person would consider essential for the well-being of an elderly person or disabled adult. "Neglect" is also the failure of a care giver to make a reasonable effort to protect the victim from abuse, neglect, or exploitation by others.

c) "Exploitation" means a person who stands in a position of trust and confidence with a disabled adult or elderly person, and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use the funds, assets, or property of the elderly or disabled person for the benefit of someone other than the victim.

No comments: