Individuals with disabilities have the right to be free from abuse, neglect and exploitation. Reporting suspicions of abuse, neglect and exploitation is the responsibility of everyone.

Abuse

Any act or failure to act performed intentionally or recklessly that causes or is likely to cause harm to a person served, including:

1. Infliction of physical or mental injury.
2. Any sexual act with a person served when the person served does not consent or when the other person knows or should know that the person served is incapable of resisting or declining consent to the sexual act due to mental deficiency or disease or due to fear of retribution or hardship.
3. Unreasonable use of a physical restraint, isolation or medication that harms or is likely to harm the person;
4. Unreasonable use of physical or chemical restraint, medication or isolation as punishment, for convenience, in conflict with a physician’s orders or as a substitute for treatment except where such conduct or physical restraint is in furtherance of the health and safety of the person served.
5. A threat or menacing conduct directed toward an adult that results or might reasonably be expected to result in fear or emotional or mental distress to an adult.
6. Fiduciary abuse.
7. Omission or deprivation by a caretaker or another person of goods or services which are necessary to avoid physical or mental harm or illness.

Neglect

The failure or omission by one’s self, caretaker, or another person to provide goods or services, which are necessary to ensure safety and well-being and to avoid physical or mental harm or illness.

Exploitation

Misappropriation of a person’s property or intentionally taking unfair advantage of the person’s physical or financial resources for another individual’s personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation of false pretense by a caretaker or another person.