The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Abandonment.” The desertion of an adult by a caregiver.

“Abuse.” The occurrence of one or more of the following acts:

The term does not include environmental factors which are beyond the control of an adult or a caregiver, including, but not limited to, inadequate housing, furnishings, income, clothing or medical care.

“Administrator.” The person responsible for the administration of a facility. The term includes a person responsible for employment decisions or an independent contractor.

“Adult.” A resident of this Commonwealth between 18 and 59 years of age who has a physical or mental impairment that substantially limits one or more major life activities.

“Adult in need of protective services.” An adult who needs the assistance of another person to obtain protective services in order to prevent imminent risk to person or property.

“Agency.” A local contracted provider of protective services.

“Assessment.” Social, physical and psychological findings along with a description of the person's current resources and needs.

“Caregiver.” An individual or institution that has assumed the responsibility for the provision of care needed to maintain the physical or mental health of an adult. This responsibility may arise voluntarily, by contract, by receipt of payment for care, as a result of family relationship or by order of a court of competent jurisdiction. It is not the intent of this act to impose responsibility on any individual if the responsibility would not otherwise exist in law.

“Court.” A court of common pleas or a district magistrate court, where applicable.

“Department.” The Department of Public Welfare of the Commonwealth.¹

“Employee.” An individual who is employed by a facility. The term includes:

“Exploitation.” An act or course of conduct by a caregiver or other person against an adult or an adult's resources, without the informed consent of the adult or with consent obtained through misrepresentation, coercion or threats of force, that results in monetary, personal or other benefit, gain or profit for the perpetrator or monetary or personal loss to the adult.

“Facility.” The term includes, but is not limited to:

“Incident Reporting System.” Home and Community Services Information System (HCSIS) or its successor.

“Intimidation.” An act or omission by a person or entity toward another person which is intended to or with knowledge that the act or omission will obstruct, impede, impair, prevent or interfere with the administration of this act or any law intended to protect adults from mistreatment.

“Law enforcement official.” These shall include:

“Least restrictive alternative.” The least intrusive service or environment that can effectively and safely address the adult's needs and preferences.

“Most integrated setting.” A setting that enables individuals with disabilities to interact with individuals who do not have disabilities to the fullest extent possible.

“Neglect.” The failure to provide for oneself or the failure of a caregiver to provide goods, care or services essential to avoid a clear and serious threat to the physical or mental health of an adult. The term does not include environmental factors that are beyond the control of an adult or the caregiver, including, but not limited to, inadequate housing, furnishings, income, clothing or medical care.

“Protective services.” Those activities, resources and supports provided to adults under this act to detect, prevent, reduce or eliminate abuse, neglect, exploitation and abandonment.

“Recipient.” An adult who receives care, services or treatment in or from a facility.

“Secretary.” The Secretary of Public Welfare of the Commonwealth.

“Serious bodily injury.” Injury that:

“Serious injury.” An injury that:

“Service plan.” A written plan that:

“Sexual abuse.” Intentionally, knowingly or recklessly causing or attempting to cause rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault or incest, as defined by 18 Pa.C.S. (relating to crimes and offenses).