Section 18
Interpretation of this Part
of Persons with Disabilities Act
For the purposes of this Part —
“abandon” means to desert or knowingly forsake a person with disabilities under circumstances in which a reasonable person would continue to provide care and custody;
“abuse of a person with disabilities” means —
(a)
the intentional infliction of physical or emotional injury upon a person with disabilities;
(b)
an intentional act that could reasonably be expected to result in physical or emotional injury to a person with disabilities;
(c)
an intentional act that causes the life of a person with disabilities to be endangered, health to be injured or pre-existing physical and mental condition to deteriorate; or
(d)
the active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or emotional injury to a person with disabilities;
“grievous bodily harm” has the same meaning as in the Penal Code
(Chapter 22);
“person having charge of a person with disabilities” means a person who has a duty to provide for a person with disabilities’ health and personal care at the person with disabilities’ place of residence, including but not limited to food, nutrition, shelter, hygiene, prescribed medication and medical care and treatment, and includes any of the following —
(a)
a parent, spouse, adult child or other relative by blood or marriage who resides with or resides in the same building with or regularly visits the person with disabilities, and who knows or reasonably should know of such person’s physical or mental impairment, and knows or reasonably should know that such person is unable to adequately provide for his own health and personal care;
Persons with Disabilities
CAP. 234 14
(b)
a person who is employed by the person with disabilities or by another to reside with or regularly visits the person with disabilities and provide for such person’s health and personal care;
(c)
a person who has agreed for consideration to reside with or regularly visit the person with disabilities and provide for such person’s health and personal care;
(d)
a person who has been appointed by a court of competent jurisdiction to provide for the person with disabilities’ health and personal care;
(e)
a person who has been entrusted with or has assumed responsibility for the care of a person with disabilities;
“physical or emotional injury” includes injury from sexual abuse.