Definitions

Definitions as used in this Article:

(a)“Abandonment” refers to the desertion of an elderly or adult with a disability by his or her caregiver under circumstances in which a reasonable person would continue to provide care or custody.

(b)“Adult with a Disability” is any person eighteen

(18)years or older who:

(1)has a physical or mental impairment which substantially limits one

(1)or more major life activities; or

(2)has a history of, or has been classified as having, an impairment which substantially limits one

(1)or more major life activities. CH. 2 DIVISION OF PUBLIC WELFARE

(c)“Bodily Injury” means physical pain, illness, unconsciousness or any impairment of physical condition, in accordance with Chapter 16 of Title 9 Guam Code Annotated.

(d)“Bureau of Adult Protective Services” means the “Bureau” established by § 2955 of this Article.

(e)“Caregiver” is any family member or any person, health facility, community care facility, clinic, home health care agency or legal guardian who has the care or custody of the elderly or adult with disability.

(f)“Department” refers to the Department of Public Health and Social Services.

(g)“Desertion” refers to the act by which a person abandons and forsakes, without justification, a condition of public, social, or family life, renouncing its responsibilities and evading its duties.

(h)“Elderly” refers to a person age sixty

(60)years or older.

(i)“Elderly or Adult with a Disability Abuse” means self-neglect or any one

(1)or more of the following acts inflicted on an elderly or adult with a disability by other than accidental means by another person: physical abuse, neglect, or abandonment.

(j)“Emotional or Psychological Abuse” means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elderly or adult with a disability.

(k)“Expunged” means the sealing of records to all persons outside of the Bureau of Adult Protective Services and law enforcement agencies of Guam, and the federal agencies entitled thereto, and a refusal by such agencies to admit the existence of such records to persons not entitled to examine them.

(l)“Financial or Property Exploitation” means illegal or improper use of an elderly or adult with a disability’s money, property, or other resources for monetary or personal benefit, profit or gain. This includes, but is not limited to, theft, misappropriation, concealment, misuse or fraudulent deprivation of money or property belonging to the elderly or adult with a disability.

(m)“Investigation” means that activity undertaken to determine the validity of a report of elderly or adult with a disability abuse.

(n)“Major Life Activities” include, but are not limited to: caring for oneself, performing manual tasks, standing, walking, seeing, hearing, eating, sleeping, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking and working.

(o)“Neglect” means the failure of a reasonable caregiver to provide for the physical, mental or emotional health and well-being of the elderly or adult with a disability and includes, but is not limited to:

(1)Failure to assist or provide personal hygiene for the elderly or adult with a disability.

(2)Failure to provide adequate food, water, clothing or shelter.

(3)Failure to provide medical care for the physical and mental health of the elderly or adult with a disability. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment. CH. 2 DIVISION OF PUBLIC WELFARE

(4)Failure to protect an elderly or adult with a disability from health, safety hazards, or physical harm.

(p)“Physical Abuse” means the willful infliction of or omission which results in physical harm. It includes, but is not limited to, cruel punishment resulting in physical harm or pain or mental anguish, such as direct beatings, slapping, kicking, biting, choking, burning or unreasonable physical restraint or confinement resulting in physical injury.

(q)“Physical Harm” means bodily pain, injury, impairment or disease.

(r)“Self-Neglect Abuse” is characterized as the behavior of an elderly or adult with a disability that threatens his/her own health or safety. Self-neglect generally manifests itself when an elderly or adult with a disability refuses to provide him/herself with adequate food, clothing, shelter, personal hygiene, medication (when indicated), and safety precautions. The definition of self-neglect excludes a situation in which a mentally competent elderly or adult with a disability, who understands the consequences of his/her decisions, makes a conscious and voluntary decision to engage in acts that threaten his/her health or safety as a matter of personal choice.

(s)“Serious Abuse” means an act or omission resulting in serious bodily injury which creates: serious permanent disfigurement; a substantial risk of death or serious, permanent disfigurement; severe or intense physical pain or protracted loss or impairment of consciousness or of the function of any bodily member or organ, as defined in Chapter 16 of Title 9, Guam Code Annotated; or sexual offenses pursuant to Chapter 25 of Title 9, Guam Code Annotated.

(t)“Sexual Abuse” means any form of non-consensual sexual contact, including but not limited to, unwanted or inappropriate sexual gratification, touching, rape, sodomy, sexual coercion, sexually explicit photographing, sexual harassment, involuntary exposure to sexually explicit material or language, and as defined in the penal code of Guam.

(u)“Substantiated Report” means a report made pursuant to this Chapter, if an investigation by the Bureau of Adult Protective Services, or its authorized agency, determines that there is sufficient evidence to support the existence of the abuse or neglect.

(v)“Unsubstantiated Report” means a report made pursuant to this Chapter, if an investigation by the Bureau of Adult Protective Services or its authorized agency determines that there is insufficient or inconclusive evidence of abuse, but existence of the abuse cannot be disproved to the satisfaction of the Bureau of Adult Protective Services.