473 NAC 5-015.02
Abuse: Abuse is knowingly or intentionally causing or permitting a vulnerable adult to be -
1. Placed in a situation that endangers his/her life or physical health;
2. Cruelly punished;
3. Deprived of necessary food, clothing, shelter or care;
4. Sexually abused;
5. Exploited; or
6. Unreasonably confined.
These types of abuse may be self-inflicted.
Abuse/Neglect Hotline: The Abuse/Neglect Hotline is a statewide, 24-hour, toll-free number for the purpose of receiving reports of suspected abuse/neglect.
Adult Protective Services: Adult Protective Services are those services provided by the Department for the prevention or alleviation of abuse/neglect. Services include those necessary and appropriate to protect an abused/neglected vulnerable adult, ensure that the least restrictive alternative is provided, prevent further abuse/neglect, and encourage self-care and independent living. Services may include, but are not be limited to -
1. Receiving and investigating reports of alleged abuse/neglect;
2. Developing social service plans;
3. Arranging for the provision of services such as medical care, mental health care, legal services, fiscal management, housing, or home health care;
4. Arranging for the provision of items such as food, clothing, or shelter; and
5. Arranging or coordinating services for caregivers to assist them in their caregiving responsibilities (e.g., respite care).
Caregiver: A caregiver is any individual or entity that has assumed the responsibility for the care of a vulnerable adult voluntarily, by express or implied contract, or by order of a court of competent jurisdiction.
Central Registry: The Adult Protective Services Central Registery is composed of reports of alleged abuse/neglect which are established and maintained within the Nebraska Department of Social Services. The registery, located in the Central Office, includes the required reports (Form DSS-60 or DSS-0926).
Collateral Contact: A collateral contact is a person or agency who has knowledge of the abuse/neglect situation, but who was not directly involved in the referral of the vulnerable adult to the Department for services.
Conservator: A conservator is an individual or corporation appointed by a county court to manage the estate, property, and/or other business affairs of an adult. The conservator is totally responsible for the management of all money and property belonging to the protected person. Nebraska law does make provisions for a limited conservatorship which only applies to certain areas specified by the court. A limited conservatorship allows the adult to retain some power regarding financial matters.
Cruel Punishment: Cruel punishment is punishment which intentionally causes physical injury to a vulnerable adult.
Denial of Essential Services: Denial of essential services means that essential services are denied or neglected to such an extent that there is actual physical injury to a vulnerable adult or imminent danger of the vulnerable adult suffering physical injury or death.
Disability: Disability means a substantial incapability, because of physical/psychological limitations, of living independently or providing for self-care as determined through observation, diagnosis, investigation, or evaluation.
Essential Services: Essential services are those services necessary to safeguard the person or property of a vulnerable adult. Services may include, but are not limited to -
1. Sufficient and appropriate food and clothing;
2. Temperate and sanitary shelter;
3. Treatment for medical or psychiatric needs; and
4. Proper supervision.
Exploitation: Exploitation is the taking of property of a vulnerable adult by means of undue influence, breach of a fiduciary relationship, deception, extortion, or by any unlawful means.
Fiduciary: A fiduciary is a person or legal entity who has a legal responsibility for another person's property (e.g., payee, power of attorney, guardian, or conservator). The term is also used by the Veterans Administration to refer to a payee of Veterans benefits.
Good Faith Attempt to Locate: An attempt to locate the subjects of an abuse/neglect report through actions such as contacting friends, relatives, landlords, the postal service, etc.
Guardian: A guardian is an individual appointed by a court to ensure that an adult's personal needs and well-being are taken care of when it is determined by a court that the adult is incapacitated and requires continuing care or supervision. The court may, at the time of appointment or later, specify that the guardian and adult, acting together or singly, shall engage in activities which may include but are not limited to -
1. Choosing the adult's home or place of residence;
2. Arranging for medical care;
3. Protecting and caring for the adult's personal possessions;
4. Signing consents and releases;
5. Making arrangements for habilitative services;
6. Applying for private or governmental benefits;
7. Instituting legal proceedings for payment of support, when appropriate;
8. Entering into contracts on behalf of the adult; and
9. Receiving and dispersing the adult's funds.
Incapacitated Adult: An incapacitated adult is a person age 18 or older whom a court has determined to be impaired functionally (e.g., physically or mentally disabled) to the extent that s/he is unable to make or communicate responsible decisions concerning her/his well-being and for whom a guardian has been appointed.
Involuntary Commitment for Mental Health Treatment: An involuntary commitment for mental health treatment is a civil proceeding in which a district mental health board orders the disposition of an adult to a veterans hospital, regional center, private facility, or other setting for treatment when it is determined that the adult is a mentally ill dangerous person and represents a substantial risk of serious harm to himself/herself or to others in the near future.
Law Enforcement Agency: The law enforcement agency is the police department or town marshal in incorporated municipalities, the office of the sheriff in unincorporated areas, and the Nebraska State Patrol.
Least Restrictive Alternative: Least restrictive alternative means adult protective services are provided in a manner no more restrictive of a vulnerable adult's liberty and no more intrusive than necessary to achieve and ensure essential services.
Living Independently: Living independently includes but is not limited to -
1. Using the telephone;
2. Shopping for essential items;
3. Preparing food;
4. Housekeeping;
5. Administering medications; and
6. Managing money.
Neglect: Neglect is the lack of ability to protect a vulnerable adult or thoughtlessly or carelessly causing or permitting a vulnerable adult to be -
1. Placed in a situation that endangers his/her life or physical health;
2. Unreasonably confined or cruelly punished;
3. Deprived of necessary food, clothing, shelter, or care;
4. Sexually abused; or
5. Exploited.
These types of neglect include self-neglect.
Permit: Permit is to allow a vulnerable adult over whom one has a proximate or direct degree of control to perform an act or acts or be in a situation which the controlling person could have prevented by the reasonable exercise of such control.
Physical Injury: Physical injury is damage to bodily tissue, including, but not limited to, fractures, bruises, lacerations, internal injuries, or dislocations, and includes, but is not limited to -
1. Physical pain;
2. Illness; or
3. Impairment of physical function.
Power of Attorney: A power of attorney is a written authorization for an individual to legally act on behalf of another individual. It is a written, notarized authorization entered into voluntarily by a competent adult. Powers of attorney can be either limited or general depending upon the scope of the powers delegated to the other individual.
Limited: A power of attorney which is limited gives another individual the authority to act only in regard to very specific matters.
Durable: To avoid having the power of attorney become void if the individual becomes disabled or incapacitated, the individual may specify in the written document that the power should continue in the event s/he becomes disabled or incompetent.
Protective Legal Proceedings: Protective legal proceedings include guardianship, conservatorship, or involuntary commitment for mental health treatment which are necessary to manage the estate or to provide protection of an adult when it is determined by a court or county mental health board that the adult requires this protection.
Proper Supervision: Proper supervision is supervision which is reasonable and which a prudent person would exercise under similar facts and circumstances.
Protective Payee: A protective payee is an individual designated by local Department of Social Services staff in certain instances to receive public assistance payments on behalf of a client who is eligible for these benefits. (See 465 NAC 2-008.) The need for a protective payee is evaluated when -
1. A client is mismanaging his/her assistance and not using it to meet his/her needs or those of his/her dependents; or
2. The client has a physical or mental impairment which causes an inability to manage these funds.
Report: A report is a telephone call, personal contact, or letter by an individual to the Abuse/Neglect Hotline, law enforcement agency, Central Office, or local office alleging abuse/neglect of a vulnerable adult. A report is accepted whether the reporter gives his/her name or chooses to remain anonymous.
Representative Payee: A representative payee is an individual selected to receive and manage benefits administered through the Social Security Administration on behalf of a beneficiary. A representative payee may be considered when -
1. The beneficiary is alleged to be, or any evidence suggests that the beneficiary may be, incapable of managing his/her benefits;
2. The beneficiary is disabled because of mental impairment as characterized by -
a. Disorientation;
b. Inability to communicate with others;
c. Loss of reasoning; or
d. Impaired judgment;
3. The beneficiary is physically impaired, having limitations that make him/her depend on others to cash and pay out his/her benefit checks and make decisions concerning the use of his/her payments; or
4. The beneficiary is legally incapacitated.
Self-Care: Self-care includes, but is not limited to, personal hygiene, eating, and dressing.
Sexual Abuse: Any sexually oriented act, practice, contact, or interaction in which a vulnerable adult is or has been used without his/her consent for the sexual stimulation of the perpetrator, the adult, or another person. Examples of sexual abuse include but are not limited to fondling, sexual intercourse, sexual stimulation, incest, and sexual exploitation (see Sections 28-317 through 28-321, R.R.S., 1943).
Nebraska statute describes sexual assault and incest in Sections, 28-319, 28-320, and 28-703, R.R.S., 1943.
Substantial Functional Impairment: Substantial functional impairment means a substantial incapability because of physical limitations of living independently or providing self-care as determined through observation, diagnosis, investigation, or evaluation.
Substantial Mental Impairment: Substantial mental impairment means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgement, behavior, or ability to live independently or provide self-care as revealed by observation, diagnosis, investigation, or evaluation.
Temporary Guardian: A temporary guardian is a county court or an individual appointed by the court to exercise the powers of a guardian in emergency situations, such as when the life or health of an adult is seriously threatened or when present guardianship is not satisfactory. This guardianship is effective until notice of hearing can be given and a hearing held to appoint a guardian, a period not to exceed six months. The individual petitioning the court to become a temporary guardian must demonstrate that sufficient emergency exists and that the best interest of the adult would be served by using this power of the court.
Testamentary Guardian: A testamentary guardian is an individual who is appointed guardian by the will of the disabled or incapacitated adult's spouse or parent. The guardianship is effective when the individual first gives seven days written notice of his/her intention to the adult, the person caring for the adult, or the adult's nearest living relative and then files a written acceptance in the county court where the will is to be probated. If the adult files a written objection in the county court where the will is probated, the guardianship is terminated.
Unreasonable Confinement: Unreasonable confinement means confinement which intentionally causes physical injury to a vulnerable adult.
Vulnerable Adult: A person age 18 or older who has a substantial mental or functional impairment or for whom a guardian has been appointed under the Nebraska Probate Code.