Elder Mistreatment Abuse, Neglect, and Exploitation in an Aging America (2003) / Chapter Skim
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Appendix B: Analysis of Elder Abuse and Neglect Definitions Under State Law
Appendix B: Analysis of Elder Abuse and Neglect Definitions Under State Law
Pages 181-237
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From page 181... ...
Defined separately: Emotional abuse is the willful or reckless infliction of emotional or mental anguish or the use of a physical or chemical restraint, medication or isolation as punishment or as a substitute for treatment or care of any protected person. Sexual abuse includes any conduct that is a crime as defined in ~ 1 3A-6-60 to ~ 1 3A-6-70 of the Code of Alabama.
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From page 182... ...
"Caregiver" means a person providing care to a vulnerable adult as a result of family relationship; or who has assumed responsibility for the care of a vulnerable adult voluntarily, by contract, or by court order; or an employee of an out-of-home care facility who provides care to one or more vulnerable adults.
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From page 183... ...
~ 13-3623 (2001) 183 "Abuse" under ~ 46-451 and ~ 13-3623 means the intentional infliction of physical harm; injury caused by negligent acts or omissions; unreasonable confinement; sexual abuse or sexual assault.
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From page 184... ...
"Endangered adult" means an adult 18 years of age or older who is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to that person and who demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or a resident 18 years of age or older of a long-term care facility which is required to be licensed under ~ 20-10-224, who is found to be in a situation or condition which poses imminent risk of death or serious bodily harm to the person and who demonstrates the lack of capacity to comprehend the nature and consequences of remaining in that situation or condition. "Impaired adult" means a person 18 years or older who, as a result of mental or physical impairment, is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation, and as a consequence thereof is endangered.
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From page 185... ...
Pen. Code ~ 368 occurs when any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with knowledge that he or she is an elder or a dependent adult, to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered.
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From page 186... ...
Where there is infliction of physical pain or injury, as demonstrated by, but not limited to, substantial or multiple skin bruising, bleeding, malnutrition, dehydration, burns, bone fractures, poisoning, subdural hematoma, soft tissue swelling, or suffocation; (II) Where unreasonable confinement or restraint is imposed; or (III)
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From page 187... ...
~ 17b-450 (2001) "Abuse" includes, but is not limited to, willful infliction of physical pain, injury, or mental anguish, or the willful deprivation by a caretaker of services which are necessary to maintain physical or mental health.
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From page 188... ...
"Infirm adult" under ~ 3902: Any person 18 years of age or over who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the person's own care and custody. "Caregiver" under ~ 3902 means any adult who has assumed the permanent or temporary care, custody, or responsibility for the supervision of an infirm adult.
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From page 189... ...
Code ~ 6-2501 (2001) 189 "Abuse" means intentional or reckless infliction of serious physical pain or injury; use or threatened use of violence to force participation in sexual conduct; repeated intentional imposition of unreasonable confinement, resulting in severe mental distress; repeated use of threats or violence, resulting in shock or an intense, expressed fear for one's life or of serious physical injury; or intentional or deliberately indifferent deprivation of essential food, shelter, or health care in violation of a caregiver's responsibilities, when that deprivation constitutes a serious threat to one's life or physical health.
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From page 190... ...
"Abuse" under ~ 825.102: (a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult; (b)
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From page 191... ...
55 30-5-3, 31-8-81 (2000) "Abuse" under ~ 30-5-3 means willful infliction of physical pain, physical injury, mental anguish, unreasonable confinement, or the willful deprivation of essential services to a disabled adult or elder person.
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From page 192... ...
HAWAII: HRS ~ 346-222 (2000) "Abuse" means actual or imminent physical injury, psychological abuse or neglect, sexual abuse, financial exploitation, negligent treatment, or maltreatment as further defined in this chapter.
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From page 193... ...
"Abuse" under ~ 39-5302 and ~ 18-1505 means intentional or negligent infliction of physical pain, injury, or mental injury. "Neglect" under ~ 39-5302 includes self-neglect and means the failure of a caretaker to provide food, clothing, shelter, or medical care reasonably necessary to sustain the life and health of a vulnerable adult, or the failure of a vulnerable adult to provide those services for himself.
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From page 194... ...
INSTITUTIONAL NEGLECT: "Neglect" under 210 ILCS 30/3, 210 ILCS 45/1-117, and 720 ILCS 5/12-19 means a failure in a long-term care facility to provide adequate medical or personal care or maintenance, which failure results in physical or mental injury to a resident or in the deterioration of a resident's physical or mental condition. "Gross Neglect" under 720 ILCS 5/12-19 means recklessly failing to provide adequate medical or personal care or maintenance, which failure results in physical or mental injury or the deterioration of a physical or mental condition.
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From page 195... ...
Any of the following as a result of the willful or negligent acts or omissions of a caretaker: (a) Physical injury to, or injury which is at a variance with the history given of the injury, or unreasonable confinement, unreasonable punishment, or assault of a dependent adult.
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From page 196... ...
Defined separately: Sexual exploitation means any consensual or nonconsensual sexual conduct with a dependent adult for the purpose of arousing or satisfying the sexual desires of the caretaker or dependent adult, which includes but is not limited to kissing; touching of the clothed or unclothed inner thigh, breast, groin, buttock, anus, pubes, or genitals; or a sex act, as defined in section 702.17. Sexual exploitation does not include touching which is part of a necessary examination, treatment, or care by a caretaker acting within the scope of the practice or employment of the caretaker; the exchange of a brief touch or hug between the dependent adult and a caretaker for the purpose of reassurance, comfort, or casual friendship; or touching between spouses.
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From page 197... ...
"Exploitation" under ~ 39-1430 and ~ 39-1401 means misappropriation of an adult's property or intentionally taking unfair advantage of an adult's physical or financial resources for another individual's personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense by a caretaker or another person.
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From page 198... ...
KENTUCKY: KRS SS 209.020, 508.090 (2001) "Abuse" under ~ 209.020 means the infliction of physical pain, mental injury, or injury of an adult.
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From page 199... ...
R.S. ~ 14:403.2 is the infliction of physical or mental injury on an adult by other parties, including but not limited to such means as sexual abuse, abandonment, isolation, exploitation, or extortion of funds or other things of value, to such an extent that his health, self-determination, or emotional well-being is endangered.
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From page 200... ...
~ 3472 (2000) "Abuse" means the infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm or pain or mental anguish; sexual abuse or exploitation; or the willful deprivation of essential needs.
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From page 201... ...
INSTITUTIONAL ABUSE: "Abuse" under ~ 19-347 means the nontherapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce or resulting in mental or emotional distress; "Abuse" does not include the performance of an accepted medical procedure that a physician orders.
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From page 202... ...
111 ~ 72F means the willful infliction of injury, unreasonable confinement, intimidation, including verbal or mental abuse, or punishment with resulting physical harm, pain, or mental anguish or assault and battery; provided, however, that verbal or mental abuse shall require a knowing and willful act directed at a specific person. INSTITUTIONAL NEGLECT: "Neglect" under Ch.
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From page 203... ...
(2) A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the second degree if the reckless act or reckless failure to act of the caregiver or other person with authority over the vulnerable adult causes serious physical harm or serious mental harm to a vulnerable adult.
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From page 204... ...
(4) A caregiver or other person with authority over the vulnerable adult is guilty of vulnerable adult abuse in the fourth degree if the reckless act or reckless failure to act of the caregiver or other person with authority over a vulnerable adult causes physical harm to a vulnerable adult.
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From page 205... ...
(e) For purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section 253B.03 or 525.539 to 525.6199, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition and hydration parenterally or through intubation.
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From page 206... ...
a person, including a facility staff person, when a consensual sexual personal relationship existed prior to the careg~v~ng relationship; or (2) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship.
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From page 207... ...
~ 43-47-5 (2001) "Abuse" shall mean the willful or nonaccidental infliction of physical pain, injury, or mental anguish on a vulnerable adult, the unreasonable confinement of a vulnerable adult, or the willful deprivation by a caretaker of services which are necessary to maintain the mental and physical health of a vulnerable adult.
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From page 208... ...
"Vulnerable adult" shall mean a person 18 years of age or older or any minor whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, physical, or developmental disability or dysfunction, or brain damage or the infirmities of aging. The term "vulnerable adult" shall also include all residents or patients, regardless of age, in a care facility for the purposes of Sections 43-47-19 and 43-47-37 only.
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From page 209... ...
Knowingly causes, attempts to cause physical injury to any person 60 years of age or older or an eligible adult, as defined in ~ 660.250 by means of a deadly weapon or dangerous instrument; or (2) Recklessly and purposely causes serious physical injury, as defined in ~ 565.002, to a person 60 years of age or older or an eligible adult as defined in ~ 660.250.
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From page 210... ...
"Neglect" means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for an older person or a person with a developmental disability or who has voluntarily assumed responsibility for the person's care, including an employee of a public or private residential institution, facility, home, or agency, to provide food, shelter, clothing, or services necessary to maintain the physical or mental health of the older person or the person with a developmental disability. "Exploitation" means: (a)
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From page 211... ...
SS 28-351,28-353,28-355,28-358,28-371 (2001) "Abuse" means any knowing, intentional, or negligent act or omission on the part of a caregiver, a vulnerable adult, or any other person which results in physical injury, unreasonable confinement, cruel punishment, sexual abuse, exploitation, or denial of essential services to a vulnerable adult.
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From page 212... ...
Deprivation of food, shelter, clothing, or services which are necessary to maintain the physical or mental health of an older person. "Neglect" under ~ 41.1395 means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person, or who has voluntarily assumed responsibility for his care, to provide food, shelter, clothing, or services within the scope of his responsibility or obligation, which are necessary to maintain the physical or mental health of the older person or vulnerable person.
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From page 213... ...
SS 52:27D-407, 30:1A-3 (2001) "Abuse" under ~ 52:27D-407 means the willful infliction of physical pain, injury, or mental anguish, unreasonable confinement, or the willful deprivation of services which are necessary to maintain a person's physical and mental health.
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From page 214... ...
"Vulnerable adult" under ~ 52:27D-407 means a person 18 years of age or older who resides in a community setting and who, because of a physical or mental illness, disability, or deficiency, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his wellbeing and is the subject of abuse, neglect ,or exploitation. A person shall not be deemed to be the subject of abuse, neglect, or exploitation or in need of protective services for the sole reason that the person is being furnished nonmedical remedial treatment by spiritual means through prayer alone or in accordance with a recognized religious method of healing in lieu of medical treatment, and in accordance with the tenets and practices of the person's established religious tradition.
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From page 215... ...
medically inappropriate conduct that causes or is likely to cause physical harm to a resident; (5) medically inappropriate conduct that causes or is likely to cause great psychological harm to a resident;~6)
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From page 216... ...
"Endangering the welfare of a vulnerable elderly person" occurs under NY CLS Penal ~ 260.32 when, being a caregiver for a vulnerable elderly person: 1. With intent to cause physical injury to such person, he or she causes such injury to such person; or 2.
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From page 217... ...
INSTITUTIONAL ABUSE: "Abuse" under ~ 131D-2 means the willful or grossly negligent infliction of physical pain, injury, or mental anguish, unreasonable confinement, or the willful or grossly negligent deprivation by the administrator or staff of an adult care home of services which are necessary to maintain mental and physical health. "Neglect" under ~ 108A-101 refers to a disabled adult who is either living alone and not able to provide for himself the services which are necessary to maintain his mental or physical health or is not receiving services from his caretaker.
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From page 218... ...
"Disabled adult" under ~ 108A-101 shall mean any person 18 years of age or over or any lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated due to mental retardation, cerebral palsy, epilepsy, or autism; organic brain damage caused by advanced age or other physical degeneration in connection therewith; or due to conditions incurred at any age which are the result of accident, organic brain damage, mental or physical illness, or continued consumption or absorption of substances. "Disabled adult" under ~ 14-32.3 means a person 18 years of age or older or a lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated as defined in G.S.
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From page 219... ...
Code ~ 50-25.2-01 (2001) "Abuse" means any willful act or omission of a caregiver or any other person, which results in physical injury, mental anguish, unreasonable confinement, sexual abuse or exploitation, or financial exploitation to or of a vulnerable adult.
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From page 220... ...
"Abuse" under ~ 3722.12 means the unreasonable confinement or intimidation of a resident, or the infliction of injury or cruel punishment upon a resident, resulting in physical harm, pain, or mental anguish. "Neglect" under ~ 5101.60 means the failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness or the failure of a caretaker to provide such goods or services.
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From page 221... ...
~ 1-820 (2000) "Abuse" under ~ 10-103 means the intentional infliction of physical pain, injury, sexual abuse, or mental anguish or the deprivation of food, clothing, shelter, or medical care to a vulnerable adult by a caretaker or other person responsible for providing these services.
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From page 222... ...
INSTITUTIONAL NEGLECT: "Neglect" under ~ 1-1902 and ~ 1820 means failure to provide goods and/or services necessary to avoid physical harm, mental anguish, or mental illness. "Exploitation" or "exploit" under ~ 10-103 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.
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From page 223... ...
The infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain,
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From page 224... ...
Gen. Laws ~ ~ 23- 17.8- 1, 42-66-4.1 (2001 ~ "Abuse" under ~ 42-66-4.1 means the subjection of an elderly person to the willful infliction of physical pain, or willful deprivation of services by a
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From page 225... ...
Any conduct which harms or is likely to physically harm the patient or resident except where the conduct is a part of the care and treatment, and in furtherance of the health and safety of the patient or resident, or (v) Intentionally engaging in a pattern of harassing conduct which causes or is likely to cause emotional or psychological harm to the patient or resident, including but not limited to, ridiculing or demeaning a patient or resident, making derogatory remarks to a patient or resident or cursing directed towards a patient or resident, or threatening to inflict physical or emotional harm on a patient or resident.
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From page 226... ...
"Physical abuse" means intentionally inflicting or allowing to be inflicted physical injury on a vulnerable adult by an act or failure to act. Physical abuse includes, but is not limited to, slapping, hitting, kicking, biting, choking, pinching, burning, actual or attempted sexual battery as defined in Section 16-3-651, use of medication outside the standards of reasonable medical practice for the purpose of controlling behavior, and unreasonable confinement.
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From page 227... ...
"Abuse" means physical harm, bodily injury, or attempt to cause physical harm or injury, or the infliction of fear of imminent physical harm or bodily injury on a disabled adult. "Neglect" means harm to a disabled adult's health or welfare, without reasonable medical justification, caused by the conduct of a person responsible for the adult's health or welfare, within the means available for the disabled adult, including the failure to provide adequate food, clothing, shelter, or medical care.
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From page 228... ...
~ 71-6-102 (2001) "Abuse or neglect" means the infliction of physical pain, injury, or mental anguish, or the deprivation of services by a caretaker which are necessary to maintain the health and welfare of an adult or a situation in which an adult is unable to provide or obtain the services which are necessary to maintain that person's health or welfare.
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From page 229... ...
attempting to cause, or intentionally or knowingly causing physical harm or intentionally placing another in fear of imminent physical harm; (b) physical injury caused by criminally negligent acts or omissions; (c)
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From page 230... ...
a pattern of conduct by a caretaker, without the disabled or elder adult's informed consent, resulting in deprivation of food, water, medication, medical services, shelter, cooling, heating, or other services necessary to maintain minimum physical or mental health; or (c) the failure or inability of a disabled adult to provide those services for himself.
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From page 231... ...
S S 18 .2-3 69, 63.1 -55.2 (200 1 ) "Abuse" under ~ 63.1-55.2 means the willful infliction of physical pain, injury, or mental anguish or unreasonable confinement.
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From page 232... ...
In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish. Abuse includes sexual abuse, mental abuse, physical abuse, and exploitation of a vulnerable adult, which have the following meanings: (a)
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From page 233... ...
Mental abuse includes, but is not limited to, coercion, harassment, inappropriately isolating a vulnerable adult from family, friends, or regular activity, and verbal assault that includes ridiculing, intimidating, yelling, or swearing. "Exploitation" means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.
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From page 234... ...
SS 46.90, 55.01, 940.285, 940.295 (2000) "Abuse" under ~ 46.90 means the willful infliction on an elder person of physical pain or injury or unreasonable confinement.
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From page 235... ...
2. Restraint, isolation, or confinement that causes or could reasonably be expected to cause bodily harm or great bodily harm or mental or emotional damage, including harm to the vulnerable adults psychological or intellectual functioning that is exhibited by severe anxiety, depression, withdrawal, regression, or outward aggressive behavior or a combination of these behaviors.
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From page 236... ...
~ 35-20-102 (2001) "Abuse" means the willful infliction, whether by another person or selfinflicted, of physical pain, injury, unreasonable confinement or deprivation, which conduct threatens the welfare and well being of a disabled adult.
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From page 237... ...
"Caretaker" means any person or agency responsible for the day to day care of a disabled adult because of: (A) A family relationship; (B)
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