Section 455IAC1-2-2. Definitions

   (a) The definitions in this section apply throughout this rule.

  (b) "APS unit" is the adult protective services unit, charged with receiving and investigating reports regarding endangered adults, located throughout the state in areas designated by DDARS.

  (c) "Available services" means services needed by the individual to sustain his or her life, liberty, health or property which can be obtained from a service provider serving the area in which the endangered adult is living, or which could be provided by a willing neighbor, friend, or relative.

  (d) "DDARS" is the division of disability, aging, and rehabilitative services.

  (e) "Emergency" refers to a situation in which the possibility of immediate physical danger to the adult exists.

  (f) "Endangered adult" means an individual who is eighteen (18) years of age or older and who:

(1) is incapable by reason of mental illness, mental retardation, dementia, habitual drunkenness, excessive use of drugs, or other physical or mental incapacity, of managing or directing the management of the individual's property or providing self-care; and

(2) is harmed or threatened with harm as a result of:

(A) neglect;

(B) battery; or

(C) exploitation of the individual's personal services or property.

The term includes individuals who are endangered as a consequence of their own inability to care for themselves and who would receive little or no help except through the services of an external intervenor.

  (g) "Exploitation of the individual's personal services or property" includes, but is not limited to sexual misuse as well as the use of the endangered adult's labor without pay or exerting unauthorized control over the finances or property of the endangered adult.

  (h) "Neglect" means that the endangered adult or the person who takes care of the endangered adult is unable or fails to provide adequate food, clothing, shelter or medical care.

  (i) "Substantiated" means that endangerment was established to the satisfaction of the APS unit as relates to the definition of an endangered adult.

  (j) "Unsubstantiated" means that endangerment of an individual was not established to the satisfaction of the APS unit, within the meaning of IC 12-10-3. (Division of Aging; 455 IAC 1-2-2; filed Oct 30, 1985, 10:48 a.m.: 9 IR 478; readopted filed Nov 14, 2001, 4:47 p.m.: 25 IR 1278; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFA) NOTE: Transferred from the Department on Aging and Community Services (450 IAC 1-2-2) to the Division of Aging and Rehabilitative Services (460 IAC 1-2-2) by P.L.41-1987, SECTION 23, effective July 1, 1987. NOTE: Transferred from the Division of Disability and Rehabilitative Services (460 IAC 1-2-2) to the Division of Aging (455 IAC 1-2-2) by P.L.153-2011, SECTION 21, effective July 1, 2011.