9.04.170 Mistreatment of a Dependent Adult.
1. Mistreatment of a dependent adult is knowingly and intentionally committing one or more of the following acts:
a. Taking unfair advantage of a dependent adult’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 or false pretense by a caretaker or another person if the aggregate amount of the value of the resources is less than One Thousand Dollars ($1,000.00); or
b. Omitting or depriving treatment, goods or services by a caretaker or another person which are necessary to maintain physical or mental health of a dependent adult.
2. No dependent adult is considered to be mistreated for the sole reason that such dependent adult relies upon or is being furnished treatment by spiritual means through prayer in lieu of medical treatment in accordance with the tenets and practices of a recognized church or religious denomination of which such dependent adult is a member or adherent.
3. For purposes of this Section: “Dependent adult” means an individual eighteen (18) years of age or older who is unable to protect their own interest. Such term shall include:
a. Any resident of an adult care home including but not limited to those facilities defined by K.S.A. 39-923 and amendments thereto;
b. Any adult cared for in a private residence;
c. Any individual kept, cared for, treated, boarded or otherwise accommodated in a medical care facility;
d. Any individual with mental retardation or a developmental disability receiving services through a community mental retardation facility or residential facility licensed under K.S.A. 75-3307b and amendments thereto;
e. Any individual with a developmental disability receiving services provided by a community service provider as provided in the developmental disability reform act; or
f. Any individual kept, cared for, treated, boarded or otherwise accommodated in a state psychiatric hospital or state institution for the mentally retarded.
4. Mistreatment of a dependent adult is a Class A Public Offense. (Ord. 06-71 § 2, 2006; Ord. 03-78 § 12, 2003.)