StateLawyers Logo Add Your Practice
Attorney Search Issue: State: City: Search for an Attorney
Home About Us Legal Resources State Resources FAQ Add Your Practice Login Contact Us
State Statutes - Idaho - Title 39 - Chapter 35 - 39-3502
Idaho Statutes
Search Idaho Statutes
39-3502 - DEFINITIONS
As used in this chapter:
(1) "Abuse" means a nonaccidental act of sexual, physical or mental
mistreatment or injury of a resident through the action or inaction of another
individual.
(2) "Activities of daily living" means the performance of basic self-care
activities in meeting an individual's needs to sustain him in a daily living
environment.
[(3)] "Adult" means a person who has attained the age of eighteen (18)
years.
[(4)] (3) "Advocate" means an authorized or designated representative of
a program or organization operating under federal or state mandate to
represent the interests of a population group served by the certified family
home.
[(5)] (4) "Assessment" means the conclusion reached using uniform
criteria which identifies resident strengths, weaknesses, risks and needs, to
include functional, medical and behavioral. The assessment criteria shall be
developed by the department and the advisory council.
[(6)] (5) "Board" means the board of health and welfare.
[(7)] (6) "Care provider" means the adult member of the home family
responsible for maintaining the certified family home. The care provider and
the legal owner may not necessarily be the same person. The care provider must
live in the home.
[(8)] (7) "Certified family home" means a family-styled living
environment in which two (2) or fewer adults live who are not able to reside
in their own home and who require care, help in daily living, protection and
security, supervision, personal assistance and encouragement toward
independence.
[(9)] (8) "Certifying agent" means a person acting under the authority of
the department to participate in the certification, inspection, and regulation
of a family home.
[(10)] (9) "Chemical restraint" means any drug that is used for discipline
or convenience and not required to treat medical symptoms.
[(11)] (10) "Client" means any person who receives financial aid and/or
services from an organized program of the department.
[(12)] (11) "Core issues" means abuse, neglect, exploitation, inadequate
care, inoperable fire detection or extinguishing systems with no fire watch in
place pending the correction of the system, and situations in which advocates,
representatives and department certification staff are denied access to
records, residents, or the certified family home.
[(13)] (12) "Department" means the Idaho department of health and welfare.
[(14)] (13) "Director" means the director of the Idaho department of
health and welfare.
[(15)] (14) "Exploitation" means the misuse of a vulnerable adult's funds,
property or resources by another person for profit or advantage.
[(16)] (15) "Governmental unit" means the state, any county, any city,
other political subdivision, or any department, division, board or other
agency thereof.
[(17)] (16) "Home family" means all individuals related by blood,
marriage, or adoption, other than residents, residing in the certified family
home.
[(18)] (17) "Inadequate care" occurs when a certified family home fails to
provide the services required to meet the terms of the negotiated plan of
service or provide for room, board, activities of daily living, supervision,
first aid, assistance and monitoring of medications, emergency intervention,
coordination of outside services, or a safe living environment; or engages in
violations of residents' rights or takes residents who have been admitted in
violation of the provisions of section 39-3507, Idaho Code.
[(19)] (18) "Neglect" means failure to provide food, clothing, shelter, or
medical care necessary to sustain life and health of a resident.
[(20)] (19) "Negotiated service agreement" means the agreement reached by
the resident or their representative, if applicable, and the facility, based
on the assessment, physician's orders if any, admission records if any, and
desires of the resident, and which outlines services to be provided and the
obligations of the certified family home and the resident.
[(21)] (20) "Personal assistance" means the provision by the certified
family home of one (1) or more of the following services:
(a) Assisting the resident with activities of daily living.
(b) Arranging for supportive services.
(c) Being aware of the resident's general whereabouts.
(d) Monitoring the activities of the resident while on the premises of
the facility to ensure the resident's health, safety and well-being.
[(22)] (21) "Political subdivision" means a city or county.
[(23)] (22) "Representative of the department" means an employee of the
department.
[(24)] (23) "Resident" means an adult who lives in a certified family home
and who requires personal assistance or supervision.
[(25)] (24) "Room and board" means lodging and meals.
[(26)] (25) "Substantial compliance" means a certified family home has no
core issue deficiencies.
[(27)] (26) "Substitute caregiver" means an adult designated by the
certified family home provider to provide care and services in a certified
family home in the temporary absence of the regular care provider.
[(28)] (27) "Supervision" means administrative activity which provides the
following: protection, guidance, knowledge of the resident's whereabouts and
monitoring activities. The care provider is responsible for providing
appropriate supervision based on each resident's negotiated service agreement.
[(29)] (28) "Supportive services" means the specific services that are
provided to the resident in the community and that are required by the
negotiated service agreement or reasonably requested by the resident.
 
Click here to visit the Official Idaho State Statutes
Home  |   Sitemap  |   About Us  |   Contact Us  |   Privacy Policy  |   Security  |   Disclaimer  |   Add Your Practice  |   Attorney Login
Copyright © 2004 - 2008, StateLawyers.com, Inc. All Rights Reserved.