Persons with Disabilities Act · 2022 Revised Edition · Part · Offences Against Persons with Disabilities
21. Neglect of persons with disabilities
Official textFrom Attorney General's Chambers, unchanged
A person having charge of a person with disabilities who wilfully or by culpable negligence neglects a person with disabilities is guilty of an offence and liable on conviction to a fine not exceeding $30,000, imprisonment for a term not exceeding 15 years with or without whipping not exceeding 12 strokes or both.
person having charge of a person with disabilities
“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…
For the purposes of subsection (1), “neglect of a person with disabilities” occurs when a person does any of the following —
person with disabilities
“person with disabilities” includes a person who has long-term behavioral, communication, developmental, physical, mental, intellectual or sensory impairment which in interaction with various barriers may hinder his full and effective participation in society;
fails to perform acts that he knows or reasonably should know are necessary to preserve the life or health of the person with disabilities and that failure causes the person’s life to be endangered, health to be injured or pre-existing physical or mental condition to deteriorate;
fails to provide the care, supervision and services necessary to maintain the physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine and medical services that a reasonable person would consider essential for the wellbeing of the person with disabilities;
abandons the person with disabilities;
fails to make a reasonable effort to protect a person with disabilities from abuse, neglect or exploitation by another person.
The neglect of a person with disabilities may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or emotional injury, or a substantial risk of death, to a person with disabilities.
physical or emotional injury
“physical or emotional injury” includes injury from sexual abuse.
Nothing in this section imposes criminal liabilities on any person who made a good faith effort to provide for the health and personal care of a person with disabilities, but through no fault of his own was unable to provide such care.
Persons with Disabilities
CAP. 234 16
Terms defined in this Act
person having charge of a person with disabilities
Defined · s 18“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…
person with disabilities
Defined · s 2“person with disabilities” includes a person who has long-term behavioral, communication, developmental, physical, mental, intellectual or sensory impairment which in interaction with various barriers may hinder his full and effective participation in society;
physical or emotional injury
Defined · s 18“physical or emotional injury” includes injury from sexual abuse.
Part
Procedure on Report of Abuse and Neglect
Part