Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
757
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
MEDICAL
NEGLECT;
AMENDING
SECTION
16
-
1602,
IDAHO
CODE,
TO
RE
-
2
VISE
A
DEFINITION,
TO
DEFINE
A
TERM,
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
3
AMENDING
SECTION
39
-
5302,
IDAHO
CODE,
TO
DEFINE
A
TERM;
AND
DECLARING
AN
4
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
16
-
1602,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
16
-
1602.
DEFINITIONS.
For
purposes
of
this
chapter:
9
(1)
"Abused"
means
any
case
in
which
a
child
has
been
the
victim
of:
10
(a)
Conduct
or
omission
resulting
in
skin
bruising,
bleeding,
mal
-
1
1
nutrition,
burns,
fracture
of
any
bone,
head
injury,
soft
tissue
12
swelling,
failure
to
thrive
or
death,
and
such
condition
or
death
is
not
13
justifiably
explained,
or
where
the
history
given
concerning
such
con
-
14
dition
or
death
is
at
variance
with
the
degree
or
type
of
such
condition
15
or
death,
or
the
circumstances
indicate
that
such
condition
or
death
may
16
not
be
the
product
of
an
accidental
occurrence;
or
17
(b)
Sexual
conduct,
including
rape,
molestation,
incest,
commercial
18
sexual
activity,
obscene
or
pornographic
photographing,
filming
or
de
-
19
piction
for
commercial
purposes,
human
trafficking
as
defined
in
chap
-
20
ter
86,
title
18,
Idaho
Code,
or
other
similar
forms
of
sexual
exploita
-
21
tion
harming
or
threatening
the
child's
health
or
welfare
or
mental
in
-
22
jury
to
the
child.
23
(2)
"Abandoned"
means
the
failure
of
the
parent
to
maintain
a
normal
24
parental
relationship
with
his
child
including,
but
not
limited
to,
reason
-
25
able
support
or
regular
personal
contact.
Failure
to
maintain
this
rela
-
26
tionship
without
just
cause
for
a
period
of
one
(1)
year
shall
constitute
27
prima
facie
evidence
of
abandonment.
28
(3)
"Adaptive
equipment"
means
any
piece
of
equipment
or
any
item
that
29
is
used
to
increase,
maintain
or
improve
the
parenting
capabilities
of
a
par
-
30
ent
with
a
disability.
31
(4)
"Adjudicatory
hearing"
means
a
hearing
to
determine:
32
(a)
Whether
the
child
comes
under
the
jurisdiction
of
the
court
pur
-
33
suant
to
the
provisions
of
this
chapter;
34
(b)
Whether
continuation
of
the
child
in
the
home
would
be
contrary
to
35
the
child's
welfare
and
whether
the
best
interest
of
the
child
requires
36
protective
supervision
or
vesting
legal
custody
of
the
child
in
an
au
-
37
thorized
agency.
38
(5)
"Age
of
developmentally
appropriate"
means:
39
(a)
Activities
that
are
generally
accepted
as
suitable
for
children
of
40
the
same
chronological
age
or
level
of
maturity
or
that
are
determined
41
to
be
developmentally
appropriate
for
a
child,
based
on
the
development
42
2
of
cognitive,
emotional,
physical
and
behavioral
capacities
that
are
1
typical
for
an
age
or
age
group;
and
2
(b)
In
the
case
of
a
specific
child,
activities
or
items
that
are
suit
-
3
able
for
the
child
based
on
the
developmental
stages
attained
by
the
4
child
with
respect
to
the
cognitive,
emotional,
physical
and
behavioral
5
capacities
of
the
child.
6
(6)
"Aggravated
circumstances"
includes,
but
is
not
limited
to:
7
(a)
Circumstances
in
which
the
parent
has
engaged
in
any
of
the
follow
-
8
ing:
9
(i)
Abandonment,
chronic
abuse
or
chronic
neglect
of
the
child.
10
Chronic
neglect
or
chronic
abuse
of
a
child
shall
consist
of
abuse
1
1
or
neglect
that
is
so
extreme
or
repetitious
as
to
indicate
that
12
return
of
the
child
to
the
home
would
result
in
unacceptable
risk
13
to
the
health
and
welfare
of
the
child.
14
(ii)
Sexual
abuse
against
a
child
of
the
parent.
Sexual
abuse,
for
15
the
purposes
of
this
section,
includes
any
conduct
described
in
16
section
18
-
1506,
18
-
1506A,
18
-
1507,
18
-
1508,
18
-
1508A,
18
-
6101,
17
or
18
-
6604,
or
chapter
86,
title
18,
Idaho
Code.
18
(iii)
Torture
of
a
child.
Any
conduct
listed
in
section
19
18
-
8303(1),
Idaho
Code;
battery
or
an
injury
to
a
child
that
re
-
20
sults
in
serious
or
great
bodily
injury
to
a
child;
voluntary
21
manslaughter
of
a
child,
or
aiding
or
abetting
such
voluntary
22
manslaughter,
soliciting
such
voluntary
manslaughter
or
attempt
-
23
ing
or
conspiring
to
commit
such
voluntary
manslaughter;
24
(b)
The
parent
has
committed
murder,
aided
or
abetted
a
murder,
so
-
25
licited
a
murder
or
attempted
or
conspired
to
commit
murder;
or
26
(c)
The
parental
rights
of
the
parent
to
another
child
have
been
termi
-
27
nated
involuntarily.
28
(7)
"Authorized
agency"
means
the
department,
a
local
agency,
a
person,
29
an
organization,
corporation,
benevolent
society
or
association
licensed
30
or
approved
by
the
department
or
the
court
to
receive
children
for
control,
31
care,
maintenance
or
placement.
32
(8)
"Caregiver"
means
a
foster
parent
with
whom
a
child
in
foster
care
33
has
been
placed
or
a
designated
official
for
a
child
care
institution
in
34
which
a
child
in
foster
care
has
been
placed.
35
(9)
"Case
plan
hearing"
means
a
hearing
to
approve,
modify
or
reject
the
36
case
plan
as
provided
in
section
16
-
1621,
Idaho
Code.
37
(10)
"Child"
means
an
individual
who
is
under
the
age
of
eighteen
(18)
38
years.
39
(11)
"Child
advocacy
center"
or
"CAC"
means
an
organization
that
ad
-
40
heres
to
national
best
practice
standards
established
by
the
national
41
membership
and
accrediting
body
for
children's
advocacy
centers
and
that
42
promotes
a
comprehensive
and
coordinated
multidisciplinary
team
response
to
43
allegations
of
child
abuse
by
maintaining
a
child
-
friendly
facility
at
which
44
appropriate
services
are
provided.
These
services
may
include
forensic
in
-
45
terviews,
forensic
medical
examinations,
mental
health
services
and
other
46
related
victim
services.
47
(12)
"Circumstances
of
the
child"
includes,
but
is
not
limited
to,
the
48
joint
legal
custody
or
joint
physical
custody
of
the
child.
49
(13)
"Commit"
means
to
transfer
legal
and
physical
custody.
50
3
(14)
"Concurrent
planning"
means
a
planning
model
that
prepares
for
and
1
implements
different
outcomes
at
the
same
time.
2
(15)
"Court"
means
district
court
or
magistrate
division
thereof
or,
if
3
the
context
requires,
a
magistrate
or
judge
thereof.
4
(16)
"Custodian"
means
a
person,
other
than
a
parent
or
legal
guardian,
5
to
whom
legal
or
joint
legal
custody
of
the
child
has
been
given
by
court
or
-
6
der.
7
(17)
"Department"
means
the
department
of
health
and
welfare
and
its
au
-
8
thorized
representatives.
9
(18)
"Disability"
means,
with
respect
to
an
individual,
any
mental
or
10
physical
impairment
that
substantially
limits
one
(1)
or
more
major
life
1
1
activities
of
the
individual
including,
but
not
limited
to,
self
-
care,
man
-
12
ual
tasks,
walking,
seeing,
hearing,
speaking,
learning
or
working,
or
a
13
record
of
such
an
impairment,
or
being
regarded
as
having
such
an
impairment.
14
Disability
shall
not
include
transvestism,
transsexualism,
pedophilia,
15
exhibitionism,
voyeurism,
other
sexual
behavior
disorders,
or
substance
use
16
disorders,
compulsive
gambling,
kleptomania
or
pyromania.
Sexual
prefer
-
17
ence
or
orientation
is
not
considered
an
impairment
or
disability.
Whether
18
an
impairment
substantially
limits
a
major
life
activity
shall
be
determined
19
without
consideration
of
the
effect
of
corrective
or
mitigating
measures
20
used
to
reduce
the
effects
of
the
impairment.
21
(19)
"Family
or
household
member"
shall
have
the
same
meaning
as
in
sec
-
22
tion
39
-
6303(6),
Idaho
Code.
23
(20)
"Foster
care"
means
twenty
-
four
(24)
hour
substitute
parental
care
24
for
children
placed
away
from
their
parents
or
guardians
by
persons
who
may
25
or
may
not
be
related
to
the
children
and
for
whom
the
state
agency
has
place
-
26
ment
and
care
responsibility.
27
(21)
"Foster
parent"
means
a
person
or
persons
licensed
to
provide
fos
-
28
ter
care.
29
(22)
"Grant
administrator"
means
the
supreme
court
or
any
organization
30
or
agency
as
may
be
designated
by
the
supreme
court
in
accordance
with
such
31
procedures
as
may
be
adopted
by
the
supreme
court.
The
grant
administrator
32
shall
administer
funds
from
the
guardian
ad
litem
account
in
accordance
with
33
the
provisions
of
this
chapter.
34
(23)
"Guardian
ad
litem"
means
a
person
appointed
by
the
court
pursuant
35
to
a
guardian
ad
litem
volunteer
program
to
act
as
special
advocate
for
a
36
child
under
this
chapter.
37
(24)
"Guardian
ad
litem
coordinator"
means
a
person
or
entity
receiving
38
moneys
from
the
grant
administrator
for
the
purpose
of
carrying
out
any
of
39
the
duties
set
forth
in
section
16
-
1632,
Idaho
Code.
40
(25)
"Guardian
ad
litem
program"
means
the
program
to
recruit,
train
and
41
coordinate
volunteer
persons
to
serve
as
guardians
ad
litem
for
abused,
ne
-
42
glected
or
abandoned
children.
43
(26)
"Homeless,"
as
used
in
this
chapter,
shall
mean
that
the
child
is
44
without
adequate
shelter
or
other
living
facilities,
and
the
lack
of
such
45
shelter
or
other
living
facilities
poses
a
threat
to
the
health,
safety
or
46
well
-
being
of
the
child.
47
(27)
"Idaho
network
of
children's
advocacy
centers"
means
an
organiza
-
48
tion
that
provides
education
and
technical
assistance
to
child
advocacy
cen
-
49
4
ters
and
to
interagency
multidisciplinary
teams
developed
pursuant
to
sec
-
1
tion
16
-
1617,
Idaho
Code.
2
(28)
"Law
enforcement
agency"
means
a
city
police
department,
the
pros
-
3
ecuting
attorney
of
any
county,
state
law
enforcement
officers,
or
the
of
-
4
fice
of
a
sheriff
of
any
county.
5
(29)
"Legal
custody"
means
a
relationship
created
by
court
order,
which
6
vests
in
a
custodian
the
following
rights
and
responsibilities:
7
(a)
To
have
physical
custody
and
control
of
the
child,
and
to
determine
8
where
and
with
whom
the
child
shall
live.
9
(b)
To
supply
the
child
with
food,
clothing,
shelter
and
incidental
ne
-
10
cessities.
1
1
(c)
To
provide
the
child
with
care,
education
and
discipline.
12
(d)
To
authorize
ordinary
medical,
dental,
psychiatric,
psychologi
-
13
cal,
or
other
remedial
care
and
treatment
for
the
child,
including
care
14
and
treatment
in
a
facility
with
a
program
of
services
for
children,
and
15
to
authorize
surgery
if
the
surgery
is
deemed
by
two
(2)
physicians
li
-
16
censed
to
practice
in
this
state
to
be
necessary
for
the
child.
17
(e)
Where
the
parents
share
legal
custody,
the
custodian
may
be
vested
18
with
the
custody
previously
held
by
either
or
both
parents.
19
(30)
"Mental
injury"
means
a
substantial
impairment
in
the
intellectual
20
or
psychological
ability
of
a
child
to
function
within
a
normal
range
of
per
-
21
formance
and/or
behavior,
for
short
or
long
terms.
22
(31)
(a)
"Neglected"
means
a
child:
23
(a)
(i)
Who
is
without
proper
parental
care
and
control,
or
sub
-
24
sistence,
medical
,
or
other
care
or
control
necessary
for
his
25
well
-
being
because
of
the
conduct
or
omission
of
his
parents,
26
guardian
,
or
other
custodian
or
their
neglect
or
refusal
to
pro
-
27
vide
them;
however,
no
child
whose
parent
or
guardian
chooses
for
28
such
child
treatment
by
prayers
through
spiritual
means
alone
in
29
lieu
of
medical
treatment
shall
be
deemed
for
that
reason
alone
to
30
be
neglected
or
lack
parental
care
necessary
for
his
health
and
31
well
-
being,
but
this
subsection
subparagraph
shall
not
prevent
32
the
court
from
acting
pursuant
to
section
16
-
1627,
Idaho
Code;
or
33
(b)
(ii)
Whose
parent,
guardian
,
or
other
custodian
is
unable
to
34
discharge
the
responsibilities
to
and
for
the
child
and,
as
a
re
-
35
sult
of
such
inability,
the
child
lacks
the
parental
care
neces
-
36
sary
for
his
health,
safety
,
or
well
-
being;
or
37
(c)
(iii)
Who
has
been
placed
for
care
or
adoption
in
violation
of
38
law;
or
39
(d)
(iv)
Who
is
without
proper
education
because
of
the
failure
to
40
comply
with
section
33
-
202,
Idaho
Code.
41
(b)
For
purposes
of
paragraph
(c)
of
this
subsection,
"medical
neglect"
42
means
the
failure
to
seek
appropriate
health
care
services
for
a
life
-
43
threatening
health
condition
that
a
reasonable
person
would
recognize
44
as
requiring
medical
attention.
45
(c)
A
parent,
guardian,
or
other
custodian
of
a
child
shall
not
be
held
46
to
have
committed
medical
neglect
when:
47
(i)
The
child
has
been
screened
for
abuse,
abandonment,
and
ne
-
48
glect,
and
there
is
no
finding
of
such
abuse,
abandonment,
or
ne
-
49
glect;
50
5
(ii)
The
parent,
guardian,
or
custodian
is
seeking
health
care
1
services
for
the
child
or
presents
the
child
at
a
health
care
fa
-
2
cility
for
health
care
services;
3
(iii)
The
parent,
guardian,
or
custodian
has
made
reasonable
ef
-
4
forts
to
obtain
health
care
services
for
the
child;
or
5
(iv)1.
The
health
condition
giving
rise
to
any
allegation
of
6
neglect
is
a
known
and
expected
complication
of
the
child's
7
diagnosis
or
treatment;
and
8
2.(A)
The
recommended
care
offers
limited
benefit
to
9
the
child;
10
(B)
The
morbidity
or
other
side
effects
of
a
treatment
1
1
may
be
considered
to
be
greater
than
the
anticipated
12
benefit;
13
(C)
The
parent,
guardian,
or
custodian
of
the
child
re
-
14
ceived
conflicting
medical
recommendations
for
treat
-
15
ment
from
multiple
practitioners
and
did
not
follow
all
16
recommendations;
or
17
(D)
The
parent,
guardian,
or
custodian
has
sought
al
-
18
ternative
medical
treatment
for
the
child
as
an
alter
-
19
native
to
treatment
recommended
by
a
physician,
as
de
-
20
fined
by
section
54
-
1803,
Idaho
Code,
or
another
li
-
21
censed
health
care
provider
who
has
examined
or
treated
22
the
minor.
23
(32)
"Order
to
prevent
removal,"
as
described
in
section
16
-
1611(5),
24
Idaho
Code,
means
an
order
to
allow
a
child
to
remain
in
the
child's
present
25
surroundings
when
there
is
reasonable
cause
to
believe
the
child
is
safe
in
26
the
sole
care
of
one
(1)
parent,
legal
guardian,
or
legal
custodian
and
when
27
there
is
alleged
neglect
or
abuse
by
another
parent,
legal
guardian,
or
legal
28
custodian.
29
(33)
"Permanency
hearing"
means
a
hearing
to
review,
approve,
reject
or
30
modify
the
permanency
plan
of
the
department
and
to
review
reasonable
ef
-
31
forts
in
accomplishing
the
permanency
plan.
32
(34)
"Permanency
plan"
means
a
plan
for
a
continuous
residence
and
main
-
33
tenance
of
nurturing
relationships
during
the
child's
minority.
34
(35)
"Protective
supervision"
is
a
legal
status
created
by
court
order
35
in
a
child
protective
case
whereby
the
child
is
in
the
legal
custody
of
his
or
36
her
parent(s),
guardian(s)
or
other
legal
custodian(s),
subject
to
supervi
-
37
sion
by
the
department.
38
(36)
"Psychotropic
medication"
means
a
drug
prescribed
to
affect
psy
-
39
chological
functioning,
perception,
behavior
or
mood.
Psychotropic
medi
-
40
cations
include,
but
are
not
limited
to,
antidepressants,
mood
stabilizers,
41
antipsychotics,
antianxiety
medications,
sedatives
and
stimulants.
42
(37)
"Qualified
individual"
means
a
trained
professional
or
licensed
43
clinician
who
is
not
connected
to
or
affiliated
with
any
placement
setting
44
in
which
children
are
placed
by
the
department
and
who
is
not
an
employee
of
45
child
and
family
services,
unless
a
waiver
has
been
approved
by
the
autho
-
46
rized
agency.
47
(38)
"Qualified
residential
treatment
program"
means
a
program
that
has
48
a
trauma
-
informed
treatment
model
designed
to
address
the
needs
of
children
49
with
serious
emotional
or
behavioral
disorders
or
disturbances,
is
able
to
50
6
implement
the
treatment
identified
for
the
child
by
the
assessment
of
the
1
child
required
under
section
16
-
1619A(2),
Idaho
Code,
and
is
licensed
and
2
accredited
in
accordance
with
state
and
federal
law.
3
(39)
"Reasonable
and
prudent
parent
standard"
means
the
standard
of
4
care
characterized
by
careful
and
sensible
parental
decisions
that
main
-
5
tain
the
health,
safety
and
best
interests
of
a
child
while
simultaneously
6
encouraging
the
emotional
and
developmental
growth
of
the
child
that
a
care
-
7
giver
shall
use
when
determining
whether
to
allow
a
child
in
foster
care
8
under
the
responsibility
of
the
state
to
participate
in
extracurricular,
9
enrichment,
cultural
or
social
activities.
10
(40)
"Relative"
means
a
child's
grandparent,
great
grandparent,
aunt,
1
1
great
aunt,
uncle,
great
uncle,
brother
-
in
-
law,
sister
-
in
-
law,
first
12
cousin,
sibling
and
half
-
sibling.
13
(41)
"Residual
parental
rights
and
responsibilities"
means
those
14
rights
and
responsibilities
remaining
with
the
parents
after
the
transfer
of
15
legal
custody
including,
but
not
necessarily
limited
to,
the
right
of
visi
-
16
tation,
the
right
to
consent
to
adoption,
the
right
to
determine
religious
17
affiliation,
the
right
to
family
counseling
when
beneficial,
and
the
respon
-
18
sibility
for
support.
19
(42)
"Shelter
care"
means
places
designated
by
the
department
for
tem
-
20
porary
care
of
children
pending
court
disposition
or
placement.
21
(43)
"Supportive
services,"
as
used
in
this
chapter,
shall
mean
ser
-
22
vices
that
assist
parents
with
a
disability
to
compensate
for
those
aspects
23
of
their
disability
that
affect
their
ability
to
care
for
their
child
and
24
that
will
enable
them
to
discharge
their
parental
responsibilities.
The
25
term
includes
specialized
or
adapted
training,
evaluations
or
assistance
26
with
effectively
using
adaptive
equipment
and
accommodations
that
allow
27
parents
with
a
disability
to
benefit
from
other
services
including,
but
not
28
limited
to,
Braille
texts
or
sign
language
interpreters.
29
SECTION
2.
That
Section
39
-
5302,
Idaho
Code,
be,
and
the
same
is
hereby
30
amended
to
read
as
follows:
31
39
-
5302.
DEFINITIONS.
(1)
For
the
purposes
of
this
chapter:
32
(a)
"Administrator"
means
the
administrator
of
the
Idaho
commission
on
33
aging
appointed
pursuant
to
section
67
-
5004,
Idaho
Code.
34
(b)
"Adult"
means
a
person
aged
eighteen
(18)
years
or
older.
35
(c)
"Adult
protective
services"
or
"APS"
means
the
legal
and
bureau
-
36
cratic
systems
and
protections
safeguarding
vulnerable
adults
through
37
investigation
of
APS
reports
alleging
maltreatment
and
arrangements
38
for
the
provision
of
emergency,
supportive,
or
prevention
services
nec
-
39
essary
to
reduce
or
eliminate
risk
of
harm.
40
(d)
"APS
report"
means
an
allegation
of
maltreatment
of
a
vulnerable
41
adult
made
to
adult
protective
services.
42
(e)
"Caregiver"
refers
to
a
formal
caregiver
or
an
informal
caregiver.
43
(f)
"Commission"
means
the
Idaho
commission
on
aging,
established
pur
-
44
suant
to
chapter
50,
title
67,
Idaho
Code.
45
(g)
"Department"
means
the
Idaho
department
of
health
and
welfare.
46
(h)
"Emergency"
means
an
exigent
circumstance
in
which
a
vulnerable
47
adult's
health
and
safety
is
placed
in
imminent
danger.
Imminent
danger
48
7
is
when
death
or
severe
bodily
injury
could
reasonably
be
expected
to
1
occur
without
intervention.
2
(i)
"Facility"
means
a
health
or
treatment
facility
as
defined
in
3
statute
or
by
the
department,
including:
4
(i)
Certified
family
homes,
as
defined
in
section
39
-
3502,
Idaho
5
Code;
6
(ii)
Developmental
disabilities
facilities,
as
defined
in
sec
-
7
tion
39
-
4604,
Idaho
Code;
8
(iii)
Home
health
agencies,
as
defined
in
section
39
-
1301,
Idaho
9
Code;
10
(iv)
Hospitals,
as
defined
in
section
39
-
1301,
Idaho
Code;
1
1
(v)
Intermediate
care
facilities,
as
defined
in
section
39
-
1301,
12
Idaho
Code;
13
(vi)
Residential
care
or
assisted
living
facilities,
as
defined
14
in
section
39
-
3302,
Idaho
Code;
and
15
(vii)
Residential
habilitation
agencies.
16
(j)
"Financial
exploitation"
means
the
illegal
or
improper
use,
con
-
17
trol
over,
or
withholding
of
the
property,
income,
resources,
or
trust
18
funds
of
a
vulnerable
adult
by
any
person
or
entity
for
profit
or
ad
-
19
vantage
other
than
for
the
vulnerable
adult's
profit
or
advantage.
The
20
term
"financial
exploitation"
includes
but
is
not
limited
to:
21
(i)
The
use
of
deception,
intimidation,
or
undue
influence
by
a
22
person
or
an
entity
in
a
position
of
trust
and
confidence
with
a
23
vulnerable
adult
to
obtain
or
use
the
property,
income,
resources,
24
or
trust
funds
of
the
vulnerable
adult
for
the
benefit
of
a
person
25
or
an
entity
other
than
the
vulnerable
adult;
26
(ii)
The
breach
of
a
fiduciary
duty,
including
but
not
limited
27
to
the
misuse
of
a
power
of
attorney,
trust,
or
guardianship
ap
-
28
pointment
that
results
in
the
unauthorized
appropriation,
sale,
29
or
transfer
of
the
property,
income,
resources,
belongings,
or
30
trust
funds
of
the
vulnerable
adult
for
the
benefit
of
a
person
or
31
an
entity
other
than
the
vulnerable
adult;
or
32
(iii)
Obtaining
or
using
a
vulnerable
adult's
property,
income,
33
belongings,
resources,
or
trust
funds
without
lawful
authority
by
34
a
person
or
an
entity
who
knows
or
clearly
should
know
that
the
vul
-
35
nerable
adult
lacks
the
capacity
to
consent
to
the
release
or
use
36
of
his
property,
income,
belongings,
resources,
or
trust
funds.
37
(k)
"Formal
caregiver"
means
a
person
or
an
entity
that
accepts
compen
-
38
sation
to
perform
a
service
or
services
for
a
vulnerable
adult.
Compen
-
39
sation
may
be
provided
by
an
employer,
the
vulnerable
adult,
or
someone
40
acting
in
the
interests
of
the
vulnerable
adult.
41
(l)
"Human
trafficking"
means
the
recruitment,
harboring,
transporta
-
42
tion,
provision,
or
obtaining
of
a
person
for
labor
or
services
through
43
the
use
of
force,
fraud,
or
coercion,
for
the
purpose
of
subjection
to
44
involuntary
servitude,
peonage,
debt
bondage,
or
slavery.
45
(m)
"Infirmities
of
aging"
means
physical
or
mental
deterioration
as
-
46
sociated
with
advanced
age
or
organic
brain
damage,
or
other
physical,
47
mental,
or
emotional
dysfunction,
such
that
the
ability
of
an
older
48
adult
to
provide
adequately
for
the
adult's
own
care
or
protection
is
49
impaired.
50
8
(n)
"Informal
caregiver"
means
a
person
who
provides
support
for
a
vul
-
1
nerable
adult
without
expectation
of
compensation,
goods,
or
services.
2
(o)
"Investigation"
means
the
evaluation
of
allegations
conducted
by
a
3
provider
or
the
commission
through
interviews,
observations,
and
exam
-
4
ination
of
information.
5
(p)
"Legal
representative"
means
a
guardian,
a
conservator,
an
attor
-
6
ney,
or
an
individual
with
power
of
attorney
who
has
the
legal
obliga
-
7
tion
to
act
for
the
benefit
of
another.
8
(q)
"Licensed
medical
professional"
means
an
individual
practicing
in
9
a
medical
or
medical
-
related
field
who
is
licensed,
certified,
or
oth
-
10
erwise
credentialed
by
the
state
of
Idaho.
1
1
(r)
(i)
"Neglect"
means
failure
of
a
caregiver
to
provide
food,
12
clothing,
shelter,
or
medical
care,
the
absence
of
which
impairs
13
or
threatens
sustainable
life
or
health
of
a
vulnerable
adult.
14
(ii)
For
purposes
of
subparagraph
(iii)
of
this
subsection,
"med
-
15
ical
neglect"
means
the
failure
to
seek
appropriate
health
care
16
services
for
a
life
-
threatening
health
condition
that
a
reason
-
17
able
person
would
recognize
as
requiring
medical
attention.
18
(iii)
The
guardian
of
a
vulnerable
adult
shall
not
be
held
to
have
19
committed
medical
neglect
when:
20
1.
The
vulnerable
adult
has
been
screened
for
abuse,
ne
-
21
glect,
and
exploitation,
and
there
is
no
finding
of
such
22
abuse,
neglect,
or
exploitation;
23
2.
The
guardian
is
seeking
health
care
services
for
the
vul
-
24
nerable
adult
or
presents
the
vulnerable
adult
at
a
health
25
care
facility
for
health
care
services;
26
3.
The
guardian
has
made
reasonable
efforts
to
obtain
health
27
care
services
for
the
vulnerable
adult;
or
28
4.(A)
The
health
condition
giving
rise
to
any
allega
-
29
tion
of
neglect
is
a
known
and
expected
complication
of
30
the
vulnerable
adult's
diagnosis
or
treatment;
and
31
(B)a.
The
recommended
care
offers
limited
bene
-
32
fit
to
the
vulnerable
adult;
33
b.
The
morbidity
or
other
side
effects
of
a
34
treatment
may
be
considered
to
be
greater
than
35
the
anticipated
benefit;
36
c.
The
guardian
of
the
vulnerable
adult
received
37
conflicting
medical
recommendations
for
treat
-
38
ment
from
multiple
practitioners
and
did
not
fol
-
39
low
all
recommendations;
or
40
d.
The
guardian
has
sought
alternative
treat
-
41
ment
for
the
vulnerable
adult
as
an
alternative
42
to
treatment
recommended
by
a
physician,
as
de
-
43
fined
by
section
54
-
1803,
Idaho
Code,
or
another
44
licensed
health
care
provider
who
has
examined
or
45
treated
the
vulnerable
adult.
46
(s)
"Older
adult"
means
a
person
aged
sixty
-
five
(65)
years
or
older.
47
(t)
"Physical
abuse"
means
the
infliction
of
physical
pain,
injury,
or
48
unjust
chemical
or
physical
restraint
on
a
vulnerable
adult
or
death
49
where:
50
9
(i)
The
vulnerable
adult's
condition
or
death
is
not
justifiably
1
explained;
2
(ii)
The
history
given
concerning
such
condition
or
death
is
at
3
variance
with
the
degree
or
type
of
the
condition
or
death;
or
4
(iii)
Circumstances
indicate
that
such
condition
or
death
may
not
5
be
the
product
of
an
accidental
occurrence.
6
(u)
"Prevention
services"
means
interventions
designed
to
reduce
the
7
risk
of
maltreatment,
including
but
not
limited
to
case
management,
the
8
provision
of
goods
or
services,
or
caregiver
support.
9
(v)
"Protective
action
plan"
or
"PAP"
means
a
person
-
centered
plan
10
addressing
the
remedial,
social,
legal,
medical,
educational,
mental
1
1
health,
or
other
services
available
to
reduce
or
eliminate
the
risk
of
12
harm
to
a
vulnerable
adult.
13
(w)
"Provider"
means
an
area
agency
on
aging
or
a
person
or
an
entity
14
capable
of
providing
adult
protective
services,
including
duly
autho
-
15
rized
agents
and
employees.
16
(x)
"Psychological
abuse"
means
the
infliction
of
fear,
anguish,
agi
-
17
tation,
or
other
emotional
distress
through
verbal
or
nonverbal
acts
or
18
through
unjust
confinement
of
a
vulnerable
adult.
19
(y)
"Self
-
neglect"
means
failure
of
a
vulnerable
adult
to
provide
for
20
himself
or
refusal
to
accept
support
needed
to
obtain
food,
clothing,
21
shelter,
or
medical
care
reasonably
necessary
to
sustain
the
life
and
22
health
of
the
vulnerable
adult.
23
(z)
"Sexual
abuse"
means
touching,
fondling,
intercourse,
or
any
other
24
sexual
activity
with
a
vulnerable
adult
when
the
vulnerable
adult
is
25
unable
to
understand,
unwilling
to
consent,
threatened,
or
physically
26
forced.
27
(aa)
"Skilled
nursing
facility"
shall
have
the
same
meaning
as
"nursing
28
facility"
provided
in
section
39
-
1301,
Idaho
Code.
29
(bb)
"Supportive
services"
means
social,
legal,
health,
educational,
30
mental
health,
and
referral
services.
31
(cc)
"Undue
influence"
means
influence
exercised
over
a
vulnerable
32
adult
with
the
intent
to:
33
(i)
Inhibit
the
vulnerable
adult's
freedom
of
choice;
34
(ii)
Deprive
the
vulnerable
adult
of
freedom
of
choice;
or
35
(iii)
Substitute
the
influencer's
choice
or
desire
over
that
of
36
the
vulnerable
adult.
37
(dd)
"Vulnerable
adult"
means
an
adult
who
is
unable
to
protect
himself
38
from
maltreatment
because
of:
39
(i)
A
mental,
physical,
or
developmental
disability;
40
(ii)
A
degenerative
brain
disease;
41
(iii)
An
inability
to
communicate
or
implement
decisions
regard
-
42
ing
his
person;
or
43
(iv)
Other
infirmities
of
aging
in
an
older
adult.
44
(ee)
"Vulnerable
adult
maltreatment"
or
"maltreatment"
means
the
in
-
45
tentional
or
negligent
infliction
of
pain
or
injury
on
a
vulnerable
46
adult,
including
financial
exploitation,
human
trafficking,
neglect,
47
physical
abuse,
psychological
abuse,
or
sexual
abuse.
48
(2)
Nothing
in
this
chapter
shall
be
construed
to
mean
a
person
is
49
abused,
neglected,
or
exploited
for
the
sole
reason
he
is
relying
upon
treat
-
50
10
ment
by
spiritual
means
through
prayer
alone
in
accordance
with
the
tenets
1
and
practices
of
a
recognized
church
or
religious
denomination;
nor
shall
2
the
provisions
of
this
chapter
be
construed
to
require
any
medical
care
or
3
treatment
in
contravention
of
the
stated
or
implied
objection
of
such
a
per
-
4
son.
5
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
6
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
7
July
1,
2026.
8