Abuse:  means the wilful infliction of physical pain or injury or the wilful deprivation by a caregiver of services which are necessary to the person's health or safety.  For the purposes of the DDS Abuse and Neglect procedures I.F.PR.001 through I.F.PR.005, inclusive, “abuse” also includes “financial exploitation,” “psychological abuse,” “sexual abuse,” or “verbal abuse”. 

Neglect:  means the failure by a caregiver, including Department of Developmental Services staff, DDS qualified providers staff, and CCH licensees in cases of programmatic neglect, through action or inaction, to provide an individual with the services necessary to maintain such individual’s physical health, mental health and safety. Neglect also means a situation where an individual either is living alone and is not able to obtain the services which are necessary to maintain physical or mental health or is not receiving such necessary services from the caregiver. 

Financial Exploitation:  means theft, misappropriation or unauthorized or improper use of property, money or other resource that is intended to be used by or for an individual who receives funding or services from the department.

Psychological Abuse:  means an act that is likely to humiliate, intimidate, degrade or demean an individual, inflict emotional harm or invoke fear in such individual, or otherwise negatively impact the mental health of such individual.

Sexual Abuse:  means any sexual contact between an individual, regardless of such individual’s ability to consent, and an employee, legal representative, family member or volunteer; or the encouragement of an individual to engage in sexual activity by an employee, legal representative, family member or volunteer.

Verbal Abuse:  means the use of offensive or intimidating language that provokes or causes the distress of a person with intellectual disability or a person who receives services from the Department of Social Services' Division of Autism Spectrum Disorder Services.

Wilful:  means intentional acts or omissions or the reckless disregard for the safety and consequences of one’s acts or omissions.