Terms You Should Know
Section 1. Terms Defined by Law (WV Code §9-6-1)
- Abuse
- The infliction or threat to inflict physical pain or injury on or the imprisonment of any incapacitated adult or facility resident.
- Caregiver
- An adult who has or shares actual physical possession or care of an incapacitated adult on a full-time or temporary basis, regardless of whether such person has been designated as guardian of such adult by any contract, agreement or legal proceeding. Caregiver includes health care providers, family members, and any person who otherwise voluntarily accepts a supervisory role toward an incapacitated adult.
- Emergency Situation
- A situation or set of circumstances which present a substantial and immediate risk of death or serious injury to an incapacitated adult.
- Incapacitated Adult
- Any person who by reason of physical, mental or other infirmity is unable to physically carry on the daily activities of life necessary to sustaining life and reasonable health. (Note: Incompetence of an adult is determined by a legal proceeding.)
- Neglect
- The a) failure to provide the necessities of life to an incapacitated adult or facility resident with the intent to coerce or physically harm the incapacitated adult or resident and b) the unlawful expenditure or willful dissipation of the funds or other assets owned or paid to or for the benefit of an incapacitated adult or resident.
- Facility resident
- An individual living in a nursing home or other facility. A facility is any institution, residence, intermediate care facility that is subject the the provisions of West Virginia Code §16-5c, §16-5d, §16-5e, and §16-5h, (Residential Board and Care Homes, Personal Care Homes, Legally Unlicensed Homes, and Service Providers)
Section 2. Terms Not Specifically Defined in the Law But Defined for Casework Purposes
- Adult Protective Preventive Services
- A range of supportive services provided to an adult who does not meet all four criteria to qualify as an Adult Protective Services but for whom sufficient risk exists that it is likely that it will become an Adult Protective Services case without intervention.
- Adult Protective Services
- Specific intervention activities designed to protect mentally and/or physically incapacitated adults from abuse, neglect or financial exploitation by others and from self-neglect. The specific intervention activities used include investigation, client assessment, and time limited case management.
- Basic Needs
- The essential requirements necessary to sustain life, health and well-being such as food, clothing, shelter, and necessary medical care.
- Domestic/Family Violence
- Occurrence of one or more of the following acts between family or household members: 1) causing physical harm to another with or without dangerous or deadly weapons, 2) placing another in reasonable apprehension of physical harm, 3) creating fear of physical harm by harassment, psychological abuse or threatening acts, 4) committing either sexual assault or sexual abuse, or 5) holding, confining, detaining or abducting another person against that person's will.
- Emancipated Minor
- A child over the age of sixteen (16) may be emancipated by 1) order of the court based on a determination that the child can provide for his physical well-being and has the ability to make decisions for himself or 2) marriage of the child. An emancipated child has all the privileges, rights and duties of an adult including the right to contract.
- FACTS
- Acronym for the Family and Children's Tracking System and is the automated client information system used by the West Virginia Department of Health and Human Resources, Bureau for Children and Families.
- Financial Exploitation
- A type of neglect of an incapacitated adult involving the illegal or unethical use or willful dissipation of his/her funds, property or other assets by a formal or informal caregiver, family member, or legal representative - either directly (i.e. as the perpetrator) or in-directly (i.e. by allowing or enabling the condition which permitted the financial exploitation). The client must be placed at imminent risk of neglect (i.e. not having his basic needs met) by this exploitation for substantiation as an adult protective service case.
- Imminent Danger
- Circumstances exist which indicate the presence or risk of death or serious physical injury.
- Self-Neglect
- The inability of an incapacitated adult to meet his own basic needs of daily living due to mental or physical incapacity.
- Sexual Abuse
- The coercion of an incapacitated adult into having sexual contact with the perpetrator or another person. A caregiver of the incapacitated person must be involved either directly (i.e. as the perpetrator or sexual partner) or indirectly (by allowing or enabling the conditions which result in the sexual coercion).
- Substantiation
- A determination that an incapacitated adult meets all four (4) of the APS eligibility criteria.
- Verbal Abuse
- The threat to inflict physical pain or injury on or the threat of imprisonment of any incapacitated adult. The threat to inflict physical pain or injury includes, but is not limited to, the withholding of food, hydration and/or medical treatment. Imprisonment includes, but is not limited to, isolation. The verbal threat(s) must be perceived by the client or others to be real. Non-malicious teasing does not constitute verbal abuse.
- Verification of Allegations
- The investigation and documentation of a situation in which an incapacitated adult has been abused or neglected or the investigation and documentation of a situation in which an incapacitated adult is at risk of probable harm from abuse or neglect.
