6 CHILDREN, SPOUSES AND VULNERABLE ADULTS
§ 2-601. Caretakers – Definitions.
A. For purposes of this chapter, the terms, “abuse,” “financial neglect,” “neglect,” “sexual abuse,” and “exploit” are defined as:
1. “Abuse” means causing or permitting:
a. The infliction of physical pain, injury, sexual abuse, sexual exploitation, unreasonable restraint or confinement, or mental anguish; or
b. The deprivation of nutrition, clothing, shelter, health care, or other care or services without which serious physical or mental injury is likely to occur to a vulnerable adult by a caretaker or other person providing services to a vulnerable adult.
2. “Verbal abuse” means the repeated use of words, sounds, or other forms of communication by a caretaker, including, but not limited to, language, gestures, actions or behaviors, that are calculated to humiliate or intimidate or cause fear, embarrassment, shame, or degradation to the person entrusted to the care of the caretaker.
3. “Sexual abuse” means:
a. Oral, anal, or vaginal penetration of a vulnerable adult by or through the union with the sexual organ of a caretaker or other person providing services to the vulnerable adult, or the anal or vaginal penetration of a vulnerable adult by a caretaker or other person providing services to the vulnerable adult with any other object; or
b. For the purpose of sexual gratification, the touching, feeling or observation of the body or private parts of a vulnerable adult by a caretaker or other person providing services to the vulnerable adult; or
c. Indecent exposure by a caretaker or other person providing services to the vulnerable adult.
4. “Neglect” means:
a. The failure to provide protection for a vulnerable adult who is unable to protect his or her own interest;
b. The failure to provide a vulnerable adult with adequate shelter, nutrition, health care or clothing; or
c. Negligent acts or omissions that result in harm or the unreasonable risk of harm to a vulnerable adult through the action, inaction, or lack of supervision by a caretaker providing direct services.
5. “Financial neglect” means repeated instances by a caretaker, or other person, who has assumed the role of financial management, of failure to use the resources available to restore or maintain the health and physical well-being of a vulnerable adult, including, but not limited to:
a. Squandering or negligently mismanaging the money, property, or accounts of a vulnerable adult;
b. Refusing to pay for necessities or utilities in a timely manner; or
c. Providing substandard care to a vulnerable adult despite the availability of adequate financial resources.
6. “Exploit” means an unjust or improper use of the resources of a vulnerable adult for the profit or advantage, pecuniary or otherwise, of a person other than the vulnerable adult through the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense.
7. “Vulnerable adult” means an individual who is an incapacitated person or who, because of physical or mental disability, incapacity, or other disability, is substantially impaired in the ability to provide adequately for the care of custody of himself or herself, or is unable to manage his or her property and financial affairs effectively, or to meet essential requirements for mental or physical health or safety, or to protect himself or herself from abuse without assistance from others.
B. Consent shall not be a defense for any violation of this subchapter. ONCA 22-33, eff. Apr. 25, 2022.