residing in such person’s own home, the home of a family member or the home of a friend, (2) such person resides in an adult family home as defined in K.S.A. § 39-1501 and amendments thereto, or (3) such person is receiving services through a provider of community services and affiliates thereof operated or funded by the department of social and rehabilitation services or the department on aging or a residential facility licensed pursuant to K.S.A. § 75-3307b and amendments thereto. Such term shall not include persons to whom K.S.A. § 39-1401 et seq. and amendments thereto apply.

“Resident” under § 39-1401 means (1) Any resident, as defined by K.S.A. § 39-923 and amendments thereto; or (2) any individual kept, cared for, treated, boarded or otherwise accommodated in a medical care facility; or (3) any individual, kept, cared for, treated, boarded or otherwise accommodated in a state psychiatric hospital or state institution for the mentally retarded.

Caretaker” under § 39-1430 means a person who has assumed the responsibility for an adult’s care or financial management or both.

“Caretaker” under § 39-1401 means a person or institution who has assumed the responsibility for the care of the resident voluntarily, by contract or by order of a court of competent jurisdiction.

KENTUCKY: KRS §§ 209.020, 508.090 (2001)

Abuse” under § 209.020 means the infliction of physical pain, mental injury, or injury of an adult.

Abuse” under § 508.090 means the infliction of physical pain, injury, or mental injury, or the deprivation of services by a person which are necessary to maintain the health and welfare of a person, or a situation in which an adult, living alone, is unable to provide or obtain for himself the services which are necessary to maintain his health or welfare.

“Neglect” under § 209.020 means a situation in which an adult is unable to perform or obtain for himself the services which are necessary to maintain his health or welfare, or the deprivation of services by a caretaker which are necessary to maintain the health and welfare of an adult, or a situation in which a person deprives his spouse of reasonable services to maintain health and welfare.



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