The Vermont Statutes Online
Title 33: Human Services
Chapter 069: REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS
- Subchapter 001: REPORTS OF ABUSE OF VULNERABLE ADULTS
§ 6901. Purpose
The purpose of this chapter is to protect vulnerable adults whose health and welfare may be adversely affected through abuse, neglect, or exploitation; provide a temporary or permanent nurturing and safe environment for vulnerable adults when necessary; and for these purposes to require the reporting of suspected abuse, neglect, and exploitation of vulnerable adults and the investigation of such reports and provision of services, when needed; and to intervene in the family or substitute care situation only when necessary to ensure proper care and protection of a vulnerable adult or to carry out other statutory responsibilities. (Added 1979, No. 150 (Adj. Sess.); amended 1985, No. 78, § 1; 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002.)
§ 6902. Definitions
As used in this chapter:
(1) “Abuse” means:
(A) Any treatment of a vulnerable adult that places life, health, or welfare in jeopardy or is likely to result in impairment of health.
(B) Any conduct committed with an intent or reckless disregard that such conduct is likely to cause unnecessary harm, unnecessary pain, or unnecessary suffering to a vulnerable adult.
(C) Unnecessary or unlawful confinement or unnecessary or unlawful restraint of a vulnerable adult.
(D) Any sexual activity with a vulnerable adult by a caregiver who volunteers for or is paid by a caregiving facility or program. This definition shall not apply to a consensual relationship between a vulnerable adult and a spouse, nor to a consensual relationship between a vulnerable adult and a caregiver hired, supervised, and directed by the vulnerable adult.
(E) Intentionally subjecting a vulnerable adult to behavior that should reasonably be expected to result in intimidation, fear, humiliation, degradation, agitation, disorientation, or other forms of serious emotional distress.
(F) Administration, or threatened administration, of a drug, substance, or preparation to a vulnerable adult for a purpose other than legitimate and lawful medical or therapeutic treatment.
(2) “Caregiver” means a person, agency, facility, or other organization with responsibility for providing subsistence or medical or other care to an adult who is an elder or has a disability, who has assumed the responsibility voluntarily, by contract, or by an order of the court; or a person providing care, including medical care, custodial care, personal care, mental health services, rehabilitative services, or any other kind of care provided that is required because of another’s age or disability.
(3) “Commissioner” means the Commissioner of Disabilities, Aging, and Independent Living.
(4) “Department” means the Vermont Department of Disabilities, Aging, and Independent Living.
(5) “Employer” means a person or organization who employs or contracts with one or more individuals to care for vulnerable adults, on either a paid or volunteer basis.
(6) “Exploitation” means:
(A) willfully using, withholding, transferring, or disposing of funds or property of a vulnerable adult without or in excess of legal authority for the wrongful profit or advantage of another;
(B) acquiring possession or control of or an interest in funds or property of a vulnerable adult through the use of undue influence, harassment, duress, or fraud;
(C) the act of forcing or compelling a vulnerable adult against his or her will to perform services for the profit or advantage of another;
(D) any sexual activity with a vulnerable adult when the vulnerable adult does not consent or when the actor knows or should know that the vulnerable adult is incapable of resisting or declining consent to the sexual activity due to age or disability or due to fear of retribution or hardship, whether or not the actor has actual knowledge of vulnerable status.
(7)(A) “Neglect” means purposeful or reckless failure or omission by a caregiver to:
(i) provide care or arrange for goods or services necessary to maintain the health or safety of a vulnerable adult, including food, clothing, medicine, shelter, supervision, and medical services, unless the caregiver is acting pursuant to the wishes of the vulnerable adult or his or her representative, or an advance directive, as defined in 18 V.S.A. § 9701;
(ii) make a reasonable effort, in accordance with the authority granted the caregiver, to protect a vulnerable adult from abuse, neglect, or exploitation by others;
(iii) carry out a plan of care for a vulnerable adult when such failure results in or could reasonably be expected to result in physical or psychological harm or a substantial risk of death to the vulnerable adult, unless the caregiver is acting pursuant to the wishes of the vulnerable adult or his or her representative, or an advance directive, as defined in 18 V.S.A. § 9701; or
(iv) report significant changes in the health status of a vulnerable adult to a physician, nurse, or immediate supervisor, when the caregiver is employed by an organization that offers, provides or arranges for personal care.
(B) Neglect may be repeated conduct or a single incident that has resulted in or could be expected to result in physical or psychological harm, as a result of subdivision (A)(i), (ii), or (iii) of this subdivision (7).
(8) “Plan of care” includes a duly approved plan of treatment, protocol, individual care plan, rehabilitative plan, plan to address activities of daily living, or similar procedure describing the care, treatment, or services to be provided to address a vulnerable adult’s physical, psychological, or rehabilitative needs.
(9) “Protective services” means services, action, or intervention that will, through voluntary agreement or through appropriate court action, prevent further neglect, abuse, or exploitation of a vulnerable adult. Such services may include supervision, guidance, counseling, petitioning for appointment of a guardian, and, when necessary, assistance in the securing of safe and sanitary living accommodations. However, nothing in this chapter gives the Commissioner authority to place the vulnerable adult in a State school or hospital, except pursuant to 18 V.S.A. chapter 181 or 206.
(10) “Representative” means a court-appointed guardian, or an agent acting under an advance directive executed pursuant to 18 V.S.A. chapter 231, unless otherwise specified in the terms of the advance directive.
(11) “Sexual activity” means a sexual act as defined in 13 V.S.A. § 3251, other than appropriate medical care or personal hygiene, or lewd and lascivious conduct.
(12) “Substantiated report” means that the Commissioner or the Commissioner’s designee has determined after the investigation that a report is based upon accurate and reliable information that would lead a reasonable person to believe that the vulnerable adult has been abused, neglected, or exploited.
(13) “Volunteer” means an individual who, without compensation, provides services through a private or public organization.
(14) “Vulnerable adult” means any person 18 years of age or older who:
(A) is a resident of a facility required to be licensed under chapter 71 of this title;
(B) is a resident of a psychiatric hospital or a psychiatric unit of a hospital;
(C) has been receiving personal care services for more than one month from a home health agency certified by the Vermont Department of Health or from a person or organization that offers, provides, or arranges for personal care; or
(D) regardless of residence or whether any type of service is received, is impaired due to brain damage, infirmities of aging, mental condition, or physical, psychiatric, or developmental disability:
(i) that results in some impairment of the individual’s ability to provide for his or her own care without assistance, including the provision of food, shelter, clothing, health care, supervision, or management of finances; or
(ii) because of the disability or infirmity, the individual has an impaired ability to protect himself or herself from abuse, neglect, or exploitation. (Added 1979, No. 150 (Adj. Sess.); amended 1983, No. 203 (Adj. Sess.), § 1; 1985, No. 78, § 2; 1993, No. 100, § 1; 2001, No. 135 (Adj. Sess.), §§ 3, 17, eff. June 13, 2002; 2005, No. 174 (Adj. Sess.), § 130; 2013, No. 96 (Adj. Sess.), § 215; 2013, No. 131 (Adj. Sess.), § 84, eff. May 20, 2014; 2015, No. 23, §§ 63, 64; 2015, No. 97 (Adj. Sess.), § 69; 2021, No. 20, § 344.)
§ 6903. Reporting suspected abuse, neglect, and exploitation of vulnerable adults
(a) Any of the following, other than a crisis worker acting pursuant to 12 V.S.A. § 1614 and the State Long-Term Care Ombudsman or a representative of the Office, as defined in section 7501 of this title, who knows of or has received information of abuse, neglect, or exploitation of a vulnerable adult or who has reason to suspect that any vulnerable adult has been abused, neglected, or exploited shall report or cause a report to be made in accordance with the provisions of section 6904 of this title within 48 hours:
(1) all employees, contractors, and grantees of the Agency of Human Services who are involved in caregiving;
(2) a physician, osteopath, chiropractor, physician assistant, nurse, medical examiner, licensed nursing assistant, emergency medical services personnel, dentist, or psychologist;
(3) a school teacher, school librarian, school administrator, school guidance counselor, school aide, school bus driver, or school employee or school contractor who works regularly with students;
(4) a mental health professional, social worker, person or organization that offers, provides, or arranges for personal care for vulnerable adults; caregiver employed by a vulnerable adult; employee of or contractor involved in caregiving for a community mental health center; law enforcement officer; or individual who works regularly with vulnerable adults and who is an employee of an adult day care center, area agency on aging, senior center, or meal program designed primarily to serve vulnerable adults;
(5) a hospital, nursing home, residential care home, home health agency, or any entity providing nursing or nursing-related services for remuneration; intermediate care facility for adults with developmental disabilities; therapeutic community residence, group home, developmental home, school or contractor involved in caregiving; or an operator or employee of any of these facilities or agencies.
(b) Any other concerned person not listed in subsection (a) of this section who knows of or has received a complaint of abuse, neglect, or exploitation of a vulnerable adult or who has reason to suspect that any vulnerable adult has been abused, neglected, or exploited may report or cause a report to be made in accordance with the provisions of section 6904 of this title.
(c) The identity of a person who makes a report under this section shall be kept confidential unless:
(1) the person making the report consents to disclosure;
(2) a judicial proceeding results from the report; or
(3) a court, after a hearing, finds probable cause to believe the report was not made in good faith and orders the Department to disclose the person’s identity. (Added 1979, No. 150 (Adj. Sess.); amended 1985, No. 78, § 3; 1985, No. 151 (Adj. Sess.), § 15; 1985, No. 208 (Adj. Sess.), § 20, eff. June 30, 1986; 1989, No. 76, § 1; 1993, No. 100, § 2; 2001, No. 135 (Adj. Sess.), §§ 4, 17, eff. June 13, 2002; 2013, No. 34, § 30a; 2013, No. 96 (Adj. Sess.), § 216; 2013, No. 131 (Adj. Sess.), § 85, eff. May 20, 2014; 2017, No. 23, § 2.)
§ 6904. Nature and content of report; to whom made
A report shall be made orally or in writing to the Commissioner or designee as soon as possible, but in no event later than 48 hours thereafter. The report may also be made to a law enforcement officer. If an oral report is made by telephone or otherwise, the Commissioner or designee shall request that it be followed within one week by a report in writing. Reports shall contain the name and address of the reporter as well as the names and addresses of the vulnerable adult and persons responsible for his or her care, if known; the age of the vulnerable adult; the nature of his or her disability; the nature and extent of the vulnerable adult’s abuse, neglect, or exploitation together with any evidence of previous abuse, neglect, or exploitation of the vulnerable adult; and any other information that the reporter believes might be helpful in establishing the cause of any injuries or reasons for the abuse, neglect, or exploitation as well as in protecting the vulnerable adult. If a report of abuse, neglect, or exploitation involves the acts or omissions of the Commissioner or employees of that Department, then such reports shall be directed to the Secretary of the Human Services who shall cause the report to be investigated by appropriate staff other than staff of the Department. (Added 1979, No. 150 (Adj. Sess.); amended 1985, No. 78, § 4; 1989, No. 76, § 2; 1993, No. 100, § 3; 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002.)
§ 6905. Mandatory reporting to and postmortem investigation of deaths by the Office of the Chief Medical Examiner
When a person making a report of suspected abuse, neglect, or exploitation of a vulnerable adult has reasonable cause to believe that a vulnerable adult died as a result of abuse or neglect, the Department shall notify the Office of the Chief Medical Examiner immediately. (Added 1985, No. 78, § 5; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2015, No. 135 (Adj. Sess.), § 2.)
§ 6906. Investigation
(a)(1) The Commissioner shall cause an investigation to commence within 48 hours after receipt of a report made pursuant to section 6904 of this title.
(2) The Commissioner shall keep the reporter and the alleged victim informed during all stages of the investigation, and shall:
(A) Notify the reporter, the victim, and the victim’s legal representative, if any, in writing if Adult Protective Services or the Division of Licensing and Protection decides not to investigate the report. The notification shall be provided within five business days after the decision is made and shall inform the reporter that he or she may ask the Commissioner to review the decision.
(B) Notify the reporter, the victim, and the victim’s legal representative, if any, in writing if Adult Protective Services or the Division of Licensing and Protection refers the report to another agency. The notification shall be provided within five business days after the referral is made.
(C) Notify the reporter, the victim, and the victim’s legal representative, if any, in writing of the outcome of the investigation. The notification shall be provided within five business days after the decision is made and shall inform the reporter that he or she may ask the Commissioner to review the decision.
(b) The investigation shall include, except where inclusion would jeopardize the health, welfare, or safety of the vulnerable adult:
(1) a visit to the reported victim’s place of residence or place of custody and to the location of the reported abuse, neglect, or exploitation;
(2) interviews with any available witnesses to the alleged abuse, neglect, or exploitation;
(3) an interview with the reporter of the alleged abuse, neglect, or exploitation;
(4) an interview with the reported victim, which interview may take place without the approval of the vulnerable adult’s parents, guardian, or caregiver, but cannot take place over the objection of the reported victim; and
(5) an opportunity for the person who allegedly abused, neglected, or exploited to be interviewed.
(c) Upon completion of the investigation, a written report describing all evidence obtained and recommending a finding of substantiated or unsubstantiated shall be submitted to the Commissioner or designee for final resolution. If the recommendation is for a finding of substantiated the person shall be given notice of the recommendation, and the evidence that forms the basis of the recommendation, and shall be notified of how a substantiated report might be used. The person shall be offered an opportunity to dispute the recommendation and may, within 15 days of notification, request an administrative hearing in front of the Commissioner or designee. Following the hearing, or if no hearing is requested within 15 days of notification, the Commissioner or designee shall make a finding of substantiated or unsubstantiated, and notify the person of the decision and of the right to appeal.
(d) Within 30 days of notification that a report has been substantiated, a person against whom a complaint has been lodged may apply to the Human Services Board for relief on the grounds that it is unsubstantiated. The Board shall hold a fair hearing under 3 V.S.A. § 3091. Unless the Commissioner agrees otherwise, the fair hearing shall be given priority by the Board and an expedited hearing shall be provided, with a decision issued promptly thereafter.
(e) If a report is found to be unsubstantiated, the records shall be retained as part of the confidential records of the Department of Disabilities, Aging, and Independent Living. If no court proceeding is brought pursuant to subdivision 6903(c)(3) of this title within six years of the date of the notice to the person against whom the complaint was lodged, the records relating to the unsubstantiated report shall be destroyed after notice to such person, unless he or she requests that the records not be destroyed.
(f) If an appeal is filed pursuant to subsection (d) of this section or to a court, the name of the individual shall not be added to the Registry until a substantiated finding of abuse, neglect, or exploitation becomes final.
(g) If the Human Services Board or a court reverses a substantiated finding, the Commissioner shall remove all information relating to that finding in accordance with subsection (e) of this section.
(h) When a final determination has been made, the Commissioner shall inform the vulnerable adult or his or her representative, the reporter, and, if the report is substantiated, the current employer of the individual, of the outcome of the investigation and any subsequent proceedings. (Added 1979, No. 150 (Adj. Sess.); amended 1983, No. 203 (Adj. Sess.), § 2; 1985, No. 78, § 6; 1993, No. 100, § 4; 2001, No. 135 (Adj. Sess.), §§ 5, 17, eff. June 13, 2002; 2005, No. 79, § 6; 2005, No. 174 (Adj. Sess.), § 131.)
§ 6907. Remedial action
(a) Coordinated treatment plan. If the investigation produces evidence that the vulnerable adult has been abused, neglected, or exploited, the Commissioner shall arrange for the provision of protective services in accordance with a written coordinated treatment plan.
(b) Consent to services.
(1) Protective services shall be provided only with the consent of the vulnerable adult, his or her guardian, or through appropriate court action. If the vulnerable adult does not consent, protective services shall not be provided, unless provision of protective services is court-ordered.
(2) In the event that the vulnerable adult’s guardian is the person responsible for the abuse, neglect, or exploitation, and the guardian does not consent to the investigation or receipt of protective services, the Commissioner may petition for removal of the guardian. (Added 1985, No. 78, § 7; amended 2001, No. 135 (Adj. Sess.), § 6, eff. June 13, 2002.)
§ 6908. Immunity from liability
Any person who in good faith makes a report under section 6904 of this title alleging abuse, neglect, or exploitation shall be immune from any liability, civil or criminal, for making the report. Nothing in this section grants civil or criminal immunity to any person suspected of having abused, neglected, or exploited a vulnerable adult. (Added 1985, No. 78, § 8; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002.)
§ 6909. Retaliatory action by employer prohibited
No employer or supervisor may discharge; demote; transfer; reduce pay, benefits, or work privileges; prepare a negative work performance evaluation; or take any other action detrimental to any employee who files a good faith report in accordance with the provisions of this chapter, by reason of the report. Any person making a report under this chapter shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of the reporting party by reason of his or her making a report. (Added 1985, No. 78, § 9; amended 2013, No. 131 (Adj. Sess.), § 86, eff. May 20, 2014.)
§ 6910. Interference by caregiver
If consent to receive protective services has been obtained in accordance with section 6907 of this title and the Commissioner has reasonable cause to believe that the caregiver is interfering with the provision of those services, the Commissioner may petition the Superior Court for an order enjoining the caregiver from interfering with the provision of services. The petition shall present facts to show that the vulnerable adult is in need of protective services, that he or she or his or her guardian consents to the receipt of protective services, and that the caregiver has interfered with the provision of services. If the court, after hearing, finds that the vulnerable adult requires and consents to protective services, and has been prevented by his or her caregiver from receiving services, the court may issue an order enjoining the caregiver from further interference. The court may modify the terms of the coordinated treatment plan. (Added 1985, No. 78, § 10; amended 1993, No. 100, § 5; 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002.)
§ 6911. Records of abuse, neglect, and exploitation
(a)(1) Information obtained through reports and investigations, including the identity of the reporter, shall remain confidential and shall not be released absent a court order, except as follows:
(A)(i) The investigative report shall be disclosed only to:
(I) the Commissioner or person designated to receive such records;
(II) persons assigned by the Commissioner to investigate reports;
(III) the person reported to have abused, neglected, or exploited a vulnerable adult;
(IV) the vulnerable adult or his or her representative;
(V) the Office of Professional Regulation when deemed appropriate by the Commissioner;
(VI) the Secretary of Education when deemed appropriate by the Commissioner;
(VII) the Commissioner for Children and Families or designee for purposes of review of expungement petitions filed pursuant to section 4916c of this title;
(VIII) the Commissioner of Financial Regulation when deemed appropriate by the Commissioner for an investigation related to financial exploitation;
(IX) a law enforcement agency; and
(X) the State’s Attorney, or the Office of the Attorney General, when the Department believes there may be grounds for criminal prosecution or civil enforcement action, or in the course of a criminal or a civil investigation.
(ii) When disclosing information pursuant to this subdivision, reasonable efforts shall be made to limit the information to the minimum necessary to accomplish the intended purpose of the disclosure, and no other information, including the identity of the reporter, shall be released absent a court order.
(B) Relevant information may be disclosed to the Secretary of Human Services, or the Secretary’s designee, for the purpose of remediating or preventing abuse, neglect, or exploitation; to assist the Agency in its monitoring and oversight responsibilities; and in the course of a relief from abuse proceeding, guardianship proceeding, or any other court proceeding when the Commissioner deems it necessary to protect the victim, and the victim or his or her representative consents to the disclosure. When disclosing information pursuant to this subdivision, reasonable efforts shall be made to limit the information to the minimum necessary to accomplish the intended purpose of the disclosure, and no other information, including the identity of the reporter, shall be released absent a court order.
(C) Relevant information may be disclosed to a Family Division of the Superior Court, upon the request of that court, in any proceeding in which:
(i) a parent of a child challenges a presumption of parentage under 15C V.S.A. § 402(b)(3); or
(ii) a parent of a child contests an allegation that he or she fostered or supported a bonded and dependent relationship between the child and a person seeking to be adjudicated a de facto parent under 15C V.S.A. § 501(a)(2).
(2) Notwithstanding subdivision (1)(A) of this subsection, financial information made available to an adult protective services investigator pursuant to section 6915 of this title may be used only in a judicial or administrative proceeding or investigation directly related to a report required or authorized under this chapter. Relevant information may be disclosed to the Secretary of Human Services pursuant to subdivision (1)(B) of this subsection, and may also be disclosed to the Commissioner of Financial Regulation when the investigation relates to financial exploitation of a vulnerable adult.
(b) The Commissioner shall maintain a registry that shall contain the following information: the names of all the individuals found on the basis of a substantiated report to have abused, neglected, or exploited a vulnerable adult; the date of the finding; and the nature of the finding. In addition, the Commissioner shall require that, aside from a person’s name, at least one other personal identifier is listed in the Registry to prevent the possibility of misidentification.
(c) The Commissioner or designee may disclose Registry information only to:
(1) The State’s Attorney or the Attorney General.
(2) The public as required by the Nursing Home Reform Act of 1986 and regulations promulgated under the Act.
(3) An employer if such information is used to determine whether to hire or retain a specific individual providing care, custody, treatment, transportation, or supervision of children or vulnerable adults. “Employer,” as used in this section, means a person or organization who employs or contracts with one or more individuals to care for or provide transportation services to children or vulnerable adults, on either a paid or volunteer basis. The employer may submit a request concerning a current employee, volunteer, grantee, or contractor or an individual to whom the employer has given a conditional offer of a contract, volunteer position, or employment. The request shall be accompanied by a release signed by the current or prospective employee, volunteer, grantee, or contractor. If that individual has a record of a substantiated report, the Commissioner shall provide the Registry information to the employer.
(4) A person or organization serving vulnerable adults by assisting with employer functions; offering, providing, or arranging for home sharing; or providing personal care services, developmental services, or mental health services for vulnerable adults. The person or organization may submit a request concerning an individual who has applied to provide such services or an individual who is already so engaged. The request shall be in writing and shall be accompanied by a release from the person applying for or already providing such services. If the person has a record of a substantiated report, the Commissioner shall provide the Registry information.
(5) The Commissioner for Children and Families or designee for purposes related to:
(A) the licensing or registration of facilities and individuals regulated by the Department for Children and Families; and
(B) the Department’s child protection obligations under chapters 49-59 of this title.
(6) The Commissioner of Health or the Commissioner’s designee for purposes related to oversight and monitoring of persons who are served by or compensated with funds provided by the Department of Health, including persons to whom a conditional offer of employment has been made.
(7) Upon request or when relevant to other states’ adult protective services offices.
(8) The Board of Medical Practice for the purpose of evaluating an applicant, licensee, or holder of certification pursuant to 26 V.S.A. § 1353.
(9) The Secretary of Education or the Secretary’s designee, for purposes related to the licensing of professional educators pursuant to 16 V.S.A. chapter 5, subchapter 4 and chapter 51.
(10) The Office of Professional Regulation for the purpose of evaluating an applicant, licensee, holder of a certification, or registrant for possible unprofessional conduct.
(11) A Family Division of the Superior Court upon request of that court if it is involved in any proceeding in which:
(A) a parent of a child challenges a presumption of parentage under 15C V.S.A. § 402(b)(3); or
(B) a parent of a child contests an allegation that he or she fostered or supported a bonded and dependent relationship between the child and a person seeking to be adjudicated a de facto parent under 15C V.S.A. § 501(a)(2).
(d) An employer providing transportation services to children or vulnerable adults may disclose Registry records obtained pursuant to subdivision (c)(3) of this section to the Agency of Human Services or its designee for the sole purpose of auditing the records to ensure compliance with this chapter. An employer shall provide such records at the request of the Agency or its designee. Only Registry records regarding individuals who provide direct transportation services or otherwise have direct contact with children or vulnerable adults may be disclosed.
(e) A person may, at any time, apply to the Human Services Board for relief if he or she has reasonable cause to believe that the contents of the Registry or investigative records are being misused.
(f) A person may at any time apply to the Department for expungement of his or her name from the Registry. The petitioner shall have the burden of showing why his or her name should be expunged from the Registry.
(g) Any person who violates this section shall be fined not more than $500.00.
(h) Volunteers shall be considered employees for purposes of this section. (Added 1979, No. 150 (Adj. Sess.); amended 1985, No. 78, § 11; 1989, No. 76, § 3; 1993, No. 100, § 6; 1995, No. 51, § 1; 1995, No. 138 (Adj. Sess.), § 14, eff. May 1, 1996; 1995, No. 171 (Adj. Sess.), § 10, eff. May 15, 1996; 2001, No. 135 (Adj. Sess.), § 7, eff. June 13, 2002; 2003, No. 66, § 136c; 2005, No. 174 (Adj. Sess.), § 132; 2007, No. 77, § 2, eff. June 7, 2007; 2011, No. 61, § 8, June 2, 2011; 2011, No. 141 (Adj. Sess.), § 3; 2013, No. 56, §§ 7a, 7b; 2015, No. 38, § 43, eff. May 28, 2015; 2015, No. 60, § 13; 2015, No. 91 (Adj. Sess.), § 1, eff. May 10, 2016; 2017, No. 162 (Adj. Sess.), § 4; 2021, No. 20, § 345.)
§ 6912. Public education and disclosure of rights and duties; posting of notice
(a) The Department, within available appropriations, shall conduct a publicity and education program to encourage the fullest degree of reporting of suspected abuse, neglect, or exploitation of vulnerable adults.
(b) All agencies, facilities, or institutions providing care and services to adults who are elders, have a disability, or are vulnerable shall inform their employees of their right and duty to report suspected incidents of abuse, neglect, or exploitation and the protections afforded them by this chapter, and shall establish appropriate policies and procedures to facilitate such reporting.
(c)(1) All agencies, facilities, or institutions providing care and services to vulnerable adults shall post in a prominent and accessible location a poster describing the protections afforded to vulnerable adults by this chapter and by 13 V.S.A. chapter 28. The poster shall include, at a minimum, the following:
(A) a statement that abuse, neglect, and exploitation of vulnerable adults is unlawful;
(B) a statement that it is unlawful to retaliate against a person for filing a complaint of abuse, neglect, or exploitation or for cooperating in an investigation of abuse, neglect, or exploitation;
(C) a description and examples of abuse, neglect, and exploitation;
(D) a statement of the range of consequences for persons who commit abuse, neglect, or exploitation;
(E) if the agency, facility, or institution has more than five employees, a description of the process for filing internal complaints about abuse, neglect, and exploitation, and the names, addresses, and telephone numbers of the person or persons to whom complaints should be made; and
(F) the complaint process of the appropriate State and federal agencies and directions as to how to contact such agencies.
(2) Except as provided in subdivision (3) of this subsection, the poster required by this subsection shall be posted in a location where it would ordinarily be viewed by vulnerable adults.
(3) An agency, facility, or institution that provides home-based services shall:
(A) display the poster required by this subsection in its principal place of business; and
(B) provide a written notice that includes all information contained on the poster to each vulnerable adult for whom services are provided. (Added 1985, No. 78, § 12; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2005, No. 79, § 7; 2013, No. 96 (Adj. Sess.), § 217; 2021, No. 20, § 346.)
§ 6913. Penalties; abuse; neglect; exploitation; mandatory reporter’s failure to report
(a) Whenever the Commissioner finds, after notice and hearing, that a person has committed sexual abuse as defined in subdivision 6902(1)(D) of this title, sexual exploitation as defined in subdivision 6902(6)(D), exploitation as defined in subdivision 6902(6)(A) or (B) in an amount in excess of $500.00, abuse that causes grievous injury to or the death of a vulnerable adult, or neglect that causes grievous injury to or the death of a vulnerable adult, the Commissioner may impose an administrative penalty of not more than $10,000.00 for each violation. The Commissioner shall notify the Office of Professional Regulation, or any other professional licensing board applicable to the violator, of any decision made pursuant to this subsection.
(b) Whenever the Commissioner finds, after notice and hearing, that a mandatory reporter, as defined in subdivisions 6903(a)(1), (2), (3), (4), and (5) of this title, has willfully violated the provisions of subsection 6903(a), the Commissioner may impose an administrative penalty not to exceed $500.00 per violation. For purposes of this subsection, every 24 hours that a report is not made beyond the period for reporting required by subsection 6903(a) shall constitute a new and separate violation, and a mandatory reporter shall be liable for an administrative penalty of not more than $500.00 for each 24-hour period, not to exceed a maximum penalty of $5,000.00 per reportable incident.
(c) A person who is aggrieved by a decision under subsection (a) or (b) of this section may appeal that decision to the Superior Court where either party may request trial by jury. (Added 1985, No. 78, § 13; amended 1993, No. 100, § 8; 2001, No. 135 (Adj. Sess.), § 8, eff. June 13, 2002; 2005, No. 79, § 4.)
§ 6914. Access to criminal records
(a) The Commissioner may obtain from the Vermont Crime Information Center the record of convictions of any person to the extent that the Commissioner has determined by rule that such information is necessary to protect vulnerable adults.
(b) An employer may ask the Commissioner to obtain from the Vermont Crime Information Center the record of convictions of a person who is a current employee, volunteer, or contractor, or a person to whom the employer has given a conditional offer of a contract, volunteer position, or employment. The request shall be in writing and shall be accompanied by a release by the current or prospective contractor or employee. If the person has a record of convictions, the Commissioner shall inform the employer of the date and type of conviction.
(c) A person or organization serving vulnerable adults by assisting with employer functions, offering, providing, or arranging for home sharing, personal care services, developmental services, or mental health services for vulnerable adults, may submit a request to the Commissioner concerning an individual who has applied to provide such services or an individual who is already so engaged. The request shall be in writing, and shall be accompanied by a release from the individual applying for or already providing such services. If the individual has a record of convictions, the Commissioner shall inform the person or organization submitting the request of the date and type of conviction.
(d) The Commissioners of Disabilities, Aging, and Independent Living, of Health, and of Mental Health or their designees may, for purposes related to oversight and monitoring of persons who are served by or compensated with funds provided by the Departments of Disabilities, Aging, and Independent Living, of Health, and of Mental Health, ask the Vermont Crime Information Center for the record of convictions of a person who is a current employee, volunteer, or contractor, or a person to whom the employer has given a conditional offer of a contract, volunteer position, or employment. If the individual has a record of convictions, the Vermont Crime Information Center shall inform the appropriate Commissioner, or the Commissioner’s designee, of the date and type of conviction.
(e) Information released to an employer under this section shall not be released or disclosed by the employer to any person. Any person who violates this subsection shall be fined not more than $500.00.
(f) Volunteers shall be considered employees for purposes of this section.
(g) [Repealed.] (Added 1993, No. 100, § 9; amended 1995, No. 51, § 2; 1995, No. 174 (Adj. Sess.), § 3; 2001, No. 135 (Adj. Sess.), § 9, eff. June 13, 2002; 2005, No. 174 (Adj. Sess.), § 133; 2013, No. 131 (Adj. Sess.), § 87, eff. May 20, 2014.)
§ 6915. Access to financial information
(a) As used in this chapter:
(1) “A person having custody or control of the financial information” means:
(A) a bank as defined in 8 V.S.A. § 11101;
(B) a credit union as defined in 8 V.S.A. § 30101;
(C) a broker-dealer or investment advisor, as those terms are defined in 9 V.S.A. § 5102; or
(D) a mutual fund as defined in 8 V.S.A. § 3461.
(2) “Capacity” means an individual’s ability to make and communicate a decision regarding the issue that needs to be decided.
(3) “Financial information” means an original or copy of, or information derived from:
(A) a document that grants signature authority over an account held at a financial institution;
(B) a statement, ledger card, or other record of an account held at a financial institution that shows transactions in or with respect to that account;
(C) a check, clear draft, or money order that is drawn on a financial institution or issued and payable by or through a financial institution;
(D) any item, other than an institutional or periodic charge, that is made under an agreement between a financial institution and another person’s account held at a financial institution;
(E) any information that relates to a loan account or an application for a loan;
(F) information pertaining to an insurance or endowment policy, annuity contract, contributory or noncontributory pension fund, mutual fund, or security, as defined in 9 V.S.A. § 5102; or
(G) evidence of a transaction conducted by electronic or telephonic means.
(4) “Financial institution” means any financial services provider licensed, registered, or otherwise authorized to do business in Vermont, including a bank, credit union, broker-dealer, investment advisor, mutual fund, or investment company.
(b) A person having custody or control of the financial information of a vulnerable adult shall make the information or a copy of the information available to an adult protective services investigator upon receipt of a court order or receipt of the investigator’s written request.
(1) The request shall include a statement signed by the account holder, if he or she has capacity, or the account holder’s guardian with financial powers or agent under a power of attorney consenting to the release of the information to the investigator.
(2) If the vulnerable adult lacks capacity and does not have a guardian or agent, or if the vulnerable adult lacks capacity and his or her guardian or agent is the alleged perpetrator, the request shall include a statement signed by the investigator asserting that all of the following conditions exist:
(A) The account holder is an alleged victim of abuse, neglect, or financial exploitation.
(B) The alleged victim lacks the capacity to consent to the release of the financial information.
(C) Law enforcement is not involved in the investigation or has not requested a subpoena for the information.
(D) The alleged victim will suffer imminent harm if the investigation is delayed while the investigator obtains a court order authorizing the release of the information.
(E) Immediate enforcement activity that depends on the information would be materially and adversely affected by waiting until the alleged victim regains capacity.
(F) The Commissioner of Disabilities, Aging, and Independent Living has personally reviewed the request and confirmed that the conditions set forth in subdivisions (A) through (E) of this subdivision (2) have been met and that disclosure of the information is necessary to protect the alleged victim from abuse, neglect, or financial exploitation.
(c) If a guardian refuses to consent to the release of the alleged victim’s financial information, the investigator may seek review of the guardian’s refusal by filing a motion with the Probate Division of the Superior Court pursuant to 14 V.S.A. § 3062(c).
(d) If an agent under a power of attorney refuses to consent to the release of the alleged victim’s financial information, the investigator may file a petition in Superior Court pursuant to 14 V.S.A. § 3510(b) to compel the agent to consent to the release of the alleged victim’s financial information.
(e) The investigator shall include a copy of the written request in the alleged victim’s case file.
(f) The person having custody or control of the financial information shall not require the investigator to provide details of the investigation to support the request for production of the information.
(g) The information requested and released shall be used only to investigate the allegation of abuse, neglect, or financial exploitation or for the purposes set forth in subdivision 6911(a)(1)(B) of this title and shall not be used against the alleged victim.
(h) The person having custody or control of the financial information shall provide the information to the investigator as soon as possible but, absent extraordinary circumstances, no later than 10 business days following receipt of the investigator’s written request or receipt of a court order or subpoena requiring disclosure of the information.
(i) A person who in good faith makes an alleged victim’s financial information or a copy of the information available to an investigator in accordance with this section shall be immune from civil or criminal liability for disclosure of the information unless the person’s actions constitute gross negligence, recklessness, or intentional misconduct. Nothing in this section shall be construed to provide civil or criminal immunity to a person suspected of having abused, neglected, or exploited a vulnerable adult.
(j) The person having custody or control of the financial information of an alleged victim may charge the Department of Disabilities, Aging, and Independent Living no more than the actual cost of providing the information to the investigator and shall not refuse to provide the information until payment is received. A financial institution shall not charge the Department for the information if the financial institution would not charge if the request for the information had been made directly by the account holder. (Added 2015, No. 91 (Adj. Sess.), § 2, eff. May 10, 2016.)
§ 6916. Annual report
On or before January 15 of each year, and notwithstanding the provisions of 2 V.S.A. § 20(d), the Department shall report to the House Committee on Human Services and the Senate Committee on Health and Welfare regarding the Department’s adult protective services activities during the previous fiscal year, including:
(1) the number of reports of abuse, neglect, or exploitation of a vulnerable adult that the Department’s Adult Protective Services program received during the previous fiscal year and comparisons with the two prior fiscal years;
(2) the Adult Protective Services program’s timeliness in responding to reports of abuse, neglect, or exploitation of a vulnerable adult during the previous fiscal year, including the median number of days it took the program to make a screening decision;
(3) the number of reports received during the previous fiscal year that required a field screen to determine vulnerability and the percentage of field screens that were completed within 10 calendar days;
(4) the number of reports of abuse, neglect, or exploitation of a vulnerable adult that were received from a facility licensed by the Department’s Division of Licensing and Protection during the previous fiscal year;
(5) the numbers and percentages of reports received during the previous fiscal year by each reporting method, including by telephone, e-mail, Internet, facsimile, and other means;
(6) the number of investigations opened during the previous fiscal year and comparisons with the two prior fiscal years;
(7) the number and percentage of investigations during the previous fiscal year in which the alleged victim was a resident of a facility licensed by the Department’s Division of Licensing and Protection;
(8) data regarding the types of maltreatment experienced by alleged victims during the previous fiscal year, including:
(A) the percentage of investigations that involved multiple types of allegations of abuse, neglect, or exploitation, or a combination;
(B) the numbers and percentages of unsubstantiated investigations by type of maltreatment; and
(C) the numbers and percentages of recommended substantiations by type of maltreatment;
(9) the Department’s timeliness in completing investigations during the previous fiscal year, including both unsubstantiated and recommended substantiated investigations;
(10) data on Adult Protective Services program investigator caseloads, including:
(A) average daily caseloads during the previous fiscal year and comparisons with the two prior fiscal years;
(B) average daily open investigations statewide during the previous fiscal year and comparisons with the two prior fiscal years;
(C) average numbers of completed investigations per investigator during the previous fiscal year; and
(D) average numbers of completed investigations per week during the previous fiscal year;
(11) the number of reviews of screening decisions not to investigate, including the number and percentage of these decisions that were upheld during the previous fiscal year and comparisons with the two prior fiscal years;
(12) the number of reviews of investigations that resulted in an unsubstantiation, including the number and percentage of these unsubstantiations that were upheld during the previous fiscal year and comparisons with the two prior fiscal years;
(13) the number of appeals of recommendations of substantiation that concluded with the Commissioner, including the number and percentage of these recommendations that the Commissioner upheld during the previous fiscal year and comparisons with the two prior fiscal years;
(14) the number of appeals of recommendations of substantiation that concluded with the Human Services Board, including the numbers and percentages of these recommendations that the Board upheld during the previous fiscal year and comparisons with the two prior fiscal years;
(15) the number of appeals of recommendations of substantiation that concluded with the Vermont Supreme Court, including the numbers and percentages of these recommendations that the Court upheld during the previous fiscal year and comparisons with the two prior fiscal years;
(16) the number of expungement requests received during the previous fiscal year, including the number of requests that resulted in removal of an individual from the Adult Abuse Registry;
(17) the number of individuals placed on the Adult Abuse Registry during the previous fiscal year and comparisons with the two prior fiscal years; and
(18) the number of individuals removed from the Adult Abuse Registry during the previous fiscal year. (Added 2019, No. 156 (Adj. Sess.), § 2, eff. Oct. 5, 2020.)
- Subchapter 002: ABUSE PREVENTION FOR VULNERABLE ADULTS
§ 6931. Definitions
In addition to the definitions in section 6902 of this title, as used in this subchapter, “interested person” means a representative of the vulnerable adult; the Commissioner of Disabilities, Aging, and Independent Living; or the Commissioner’s designee. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 10, eff. June 13, 2002; 2005, No. 174 (Adj. Sess.), § 134; 2021, No. 20, § 347.)
§ 6932. Jurisdiction and venue
(a) The Family Division of the Superior Court shall have jurisdiction over proceedings under this subchapter.
(b) Emergency orders under section 6936 of this title may be issued by a judge of the Criminal, Civil, or Family Division of the Superior Court.
(c) Proceedings under this subchapter may be commenced in the county in which the plaintiff resides. If the vulnerable adult has left the residence to avoid abuse or exploitation, the plaintiff shall have the option to bring an action in the county of the previous residence or the county of the new residence. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2009, No. 154 (Adj. Sess.), § 233.)
§ 6933. Request for relief
(a) A vulnerable adult or an interested person on behalf of a vulnerable adult may seek relief from abuse, neglect, or exploitation by filing a petition requesting one or both of the following orders:
(1) that the defendant refrain from abusing, neglecting, or exploiting the vulnerable adult;
(2) that the defendant immediately vacate the household.
(b) No filing fee shall be required. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 11, eff. June 13, 2002.)
§ 6934. Notice
Except as provided in section 6936 of this title, the court shall grant relief only after notice to the defendant and a hearing. If the petition is made by an interested person, notice shall be provided to the vulnerable adult and the court shall determine whether the vulnerable adult is capable of expressing his or her wishes with respect to the petition and if so, whether the vulnerable adult wishes to pursue the petition. If the court determines that the vulnerable adult is capable of expressing his or her opinion and does not wish to pursue the petition, the court shall dismiss the petition. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002.)
§ 6935. Findings and order
(a) If the court finds that the defendant has abused, neglected, or exploited the vulnerable adult, the court shall make such order as it deems necessary to protect the vulnerable adult. The plaintiff shall have the burden of proving abuse, neglect, or exploitation by a preponderance of the evidence. Relief shall be granted for a fixed period of time, at the expiration of which the court may extend any order, upon motion of the plaintiff, for such additional time as it deems necessary to protect the vulnerable adult from abuse, neglect, or exploitation. The court may modify its order at any subsequent time upon motion by either party and a showing of a substantial change in circumstances. If the motion for extension or modification of the order is made by an interested person, notice shall be provided to the vulnerable adult, and the court shall determine whether the vulnerable adult is capable of expressing his or her wishes with respect to the motion and, if so, whether the vulnerable adult wishes to request an extension or modification. If the court determines the vulnerable adult is capable of expressing his or her wishes and does not wish to pursue the motion, the court shall dismiss the motion.
(b) Every order under this subchapter shall contain the name of the court, the names of the parties, the date of the petition, and the date and time of the order, and shall be signed by the judge.
(c) Form complaints and form orders shall be provided by the Court Administrator and shall be maintained by the clerks of the courts.
(d) Every order issued under this subchapter shall bear the following language: “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.” (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 12, eff. June 13, 2002.)
§ 6936. Emergency relief; hearings
(a) In accordance with the Rules for Family Proceedings, temporary orders under this subchapter may be issued ex parte, without notice to the defendant, upon motion and findings by the court that the defendant has abused, neglected, or exploited the vulnerable adult and that serious and irreparable harm to the physical health or financial interests of the vulnerable adult will result without ex parte relief.
(b) If the petition is made by an interested person, notice shall be provided to the vulnerable adult and the court shall determine whether the vulnerable adult is capable of expressing his or her wishes with respect to the petition and if so, whether the vulnerable adult wishes to pursue the petition. If the court determines that the vulnerable adult is capable of expressing his or her opinion and does not wish to pursue the petition, the court shall dismiss the petition.
(c) In addition to the information required under subsection 6935(b) of this title, every order issued under this section shall state upon its face a date, time, and place when the defendant may appear to petition the court for modification or discharge of the order. When service of the temporary order cannot be made before the scheduled hearing, the court shall continue the hearing and extend the terms of any temporary order upon request of the plaintiff for such additional time as it deems necessary to achieve service on the defendant. The defendant’s opportunity to contest shall be scheduled as soon as reasonably possible, but in no event later than 10 days from the date of issuance of the order.
(d)(1) The Court Administrator shall establish procedures to ensure access to relief after regular court hours or on weekends and holidays.
(2) The procedures established pursuant to this subsection shall include:
(A) designation of an employee of the Judiciary authorized to receive requests for ex parte petitions submitted after regular court hours; and
(B) permission for the petitioner’s affidavit to be sworn to or affirmed by administration of the oath over the telephone to the petitioner by the authorized person, during or after regular court hours. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 13, eff. June 13, 2002; 2021, No. 147 (Adj. Sess.), § 4a, eff. May 31, 2022.)
§ 6937. Service
(a) A petition or ex parte temporary order or final order issued under this subchapter shall be served by any sheriff or constable or any municipal or State Police officer in accordance with the Vermont Rules of Civil Procedure. A court that issues an order under this chapter during court hours shall promptly transmit the order electronically or by other means to a law enforcement agency for service.
(b) A defendant who attends a hearing held under section 6935 of this title at which a temporary or final order under this chapter is issued and who receives notice from the court on the record that the order has been issued shall be deemed to have been served. A defendant notified by the court on the record shall be required to adhere immediately to the provisions of the order. However, even when the court has previously notified the defendant of the order, the court shall transmit the order for additional service by a law enforcement agency.
(c) The person making service shall file a return of service with the court stating the date, time, and place at which the order was delivered personally to the defendant. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2013, No. 17, § 5; 2013, No. 17, § 6, eff. Nov. 1, 2013.)
§ 6938. Procedure
(a) Except as otherwise provided in this subchapter, proceedings commenced under this subchapter shall be in accordance with the Rules for Family Proceedings and shall be in addition to any other available civil or criminal remedies.
(b) If the petition is filed by an interested person, the court may in its discretion appoint a guardian ad litem for the vulnerable adult.
(c) The Court Administrator shall establish procedures to ensure access to relief after regular court hours, or on weekends and holidays. The Court Administrator is authorized to contract with public or private agencies to assist persons to seek relief and to gain access to Superior Court judges. Law enforcement agencies shall assist in carrying out the intent of this section. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2009, No. 154 (Adj. Sess.), § 234.)
§ 6939. Filing orders with law enforcement personnel; Department of Public Safety Protection Order Database
(a) Police departments, sheriff’s departments, and State Police district offices shall establish procedures for filing orders issued under this subchapter and for making personnel aware of the existence and contents of such orders.
(b) Any court in this State that issues an order under this subchapter shall transmit a copy of the order to the Department of Public Safety Protective Order Database. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2005, No. 193 (Adj. Sess.), § 8, eff. Oct. 1, 2006.)
§ 6940. Enforcement
(a) Law enforcement officers are authorized to enforce orders issued under this subchapter.
(b) Violation of an order issued under this subchapter may be prosecuted as criminal contempt under Rule 42 of the Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the State’s Attorney in the Family Division of the Superior Court in the county that issued the order. The maximum penalty that may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed in the discretion of the court pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2009, No. 154 (Adj. Sess.), § 238.)
§ 6941. Appeals
An order of the court issued under section 6935 of this title shall be treated as a final order for the purposes of appeal. Appeal may be taken by either party to the Supreme Court under the Vermont Rules of Appellate Procedure and the appeal shall be determined forthwith. (Added 1991, No. 180 (Adj. Sess.), § 2.)
- Subchapter 003: PROTECTING AGAINST FINANCIAL EXPLOITATION
§ 6951. Definitions
As used in this subchapter:
(1) “Agent” shall have the same meaning as in 14 V.S.A. § 3501.
(2) “Guardian” means a person appointed to serve as the guardian for a vulnerable adult pursuant to the process established in 14 V.S.A. chapter 111 or in 18 V.S.A. chapter 215.
(3) “Financial exploitation” means:
(A) using, withholding, transferring, or disposing of funds or property of a vulnerable adult, without or in excess of legal authority, for the wrongful profit or advantage of another;
(B) acquiring possession or control of or an interest in funds or property of a vulnerable adult through the use of undue influence, harassment, duress, or fraud; or
(C) the act of forcing or compelling a vulnerable adult against his or her will to perform services for the profit or financial advantage of another.
(4) “Vulnerable adult” has the same meaning as in section 6902 of this chapter. (Added 2017, No. 23, § 4, eff. May 4, 2017; amended 2021, No. 20, § 348.)
§ 6952. Civil action for relief from financial exploitation
(a) Right of action. A vulnerable adult or his or her agent or guardian may bring an action in the Civil Division of the Superior Court pursuant to this section for relief against a natural person who, with reckless disregard or with knowledge, has engaged in the financial exploitation of the vulnerable adult. An action under this section shall be dismissed if the court determines the vulnerable adult is capable of expressing his or her wishes and that he or she does not wish to pursue the action.
(b) Remedies.
(1) If the court finds that financial exploitation of a vulnerable adult has occurred, the court shall grant appropriate relief to the vulnerable adult, which may include money damages, injunctive relief, reasonable costs, attorney’s fees, and equitable relief.
(2) If the financial exploitation was intentional, the court may grant exemplary damages not to exceed three times the value of economic damages.
(c) Effects on other parties. No relief granted or otherwise obtained pursuant to this section shall affect or limit in any way the right, title, or interest of a good faith purchaser, mortgagee, holder of a security interest, or other party who obtained an interest in property after its transfer from the vulnerable adult to the natural person who engaged in financial exploitation. No relief granted or otherwise obtained pursuant to this section shall affect any mortgage deed to the extent of the value provided by the mortgagee.
(d) Statute of limitations. The limitations period imposed by 12 V.S.A. § 511 shall apply to all actions brought pursuant to this subchapter. (Added 2017, No. 23, § 4, eff. May 4, 2017; amended 2021, No. 20, § 349.)
§ 6953. Other relief still available
Nothing in this subchapter shall be construed to limit the availability of other causes of action or relief at law or equity to which a vulnerable adult may be entitled under other State or federal laws or at common law. (Added 2017, No. 23, § 4, eff. May 4, 2017.)
- Subchapter 004: VERMONT VULNERABLE ADULT FATALITY REVIEW TEAM
§ 6961. Vermont Vulnerable Adult Fatality Review Team established
(a) Creation. There is created a Vermont Vulnerable Adult Fatality Review Team (Team) within the Office of the Attorney General for the following purposes:
(1) to examine select cases of abuse- and neglect-related fatalities and preventable deaths of vulnerable adults in Vermont;
(2) to identify system gaps and risk factors associated with those deaths;
(3) to educate the public, service providers, and policymakers about abuse- and neglect-related fatalities and preventable deaths of vulnerable adults and strategies for intervention; and
(4) to recommend legislation, rules, policies, procedures, practices, training, and coordination of services to promote interagency collaboration and prevent future abuse- and neglect-related fatalities.
(b) Membership.
(1) The Team shall comprise the following members:
(A) the Attorney General or designee;
(B) the Commissioner of Disabilities, Aging, and Independent Living or designee;
(C) the Commissioner of Public Safety or designee;
(D) the Chief Medical Examiner or designee;
(E) the Assistant Director for Adult Protective Services in the Department of Disabilities, Aging, and Independent Living or designee;
(F) the Adult Services Division Director in the Department of Disabilities, Aging, and Independent Living or designee;
(G) the Director of the Vermont Office of Emergency Medical Services and Injury Prevention or designee;
(H) the State Long-Term Care Ombudsman;
(I) a representative of victim services, appointed by the Executive Director of the Vermont Center for Crime Victim Services;
(J) the Director of the Center on Aging at the University of Vermont, or a gerontologist or geriatrician appointed by the Director;
(K) the Director of Disability Rights Vermont or designee;
(L) a hospital representative, appointed by the Vermont Association of Hospitals and Health Systems;
(M) a long-term care facility representative, appointed by the Vermont Health Care Association; and
(N) a home health agency representative, appointed jointly by the Vermont Association of Home Health Agencies and designated home health agencies that are not members of the Vermont Association of Home Health Agencies.
(2) The members of the Team specified in subdivision (1) of this subsection shall serve two-year terms. Any vacancy on the Team shall be filled in the same manner as the original appointment. The replacement member shall serve for the remainder of the unexpired term.
(c) Meetings.
(1) The Attorney General or designee shall call the first meeting of the Team to occur on or before September 30, 2016.
(2) The Team shall select a chair and vice chair from among its members at the first meeting and annually thereafter. The Vice Chair shall also serve as Secretary.
(3) The Team shall meet at such times as may reasonably be necessary to carry out its duties, but at least once in each calendar quarter. (Added 2015, No. 135 (Adj. Sess.), § 1; amended 2021, No. 20, § 350.)
§ 6962. Powers and duties; reports
(a) The Team shall develop and implement policies to ensure that it uses uniform procedures to review the deaths of vulnerable adults in Vermont.
(b)(1) The Team may review the death of any person who meets the definition of a vulnerable adult in subdivision 6902(14) of this title and:
(A) who was the subject of an adult protective services investigation; or
(B) whose death came under the jurisdiction of, or was investigated by, the Office of the Chief Medical Examiner.
(2) The Team shall not initiate the review of the death of a vulnerable adult until the conclusion of any active adult protective services or law enforcement investigation, criminal prosecution, or civil action.
(3) The review shall not impose unreasonable burdens on health care providers for production of information, records, or other materials. The Team shall first seek to obtain information, records, and other materials from State agencies or that were generated in the course of an investigation by the Adult Protective Services Division, the Office of the Chief Medical Examiner, or law enforcement.
(4) The Team shall establish criteria for selecting specific fatalities for review to ensure the analysis of fatalities occurring in both institutional and home- and community-based settings.
(c)(1) Beginning in 2018, the Team shall submit an annual report to the General Assembly on or before January 15.
(2) The annual report shall:
(A) summarize the Team’s activities for the preceding year;
(B) identify any changes to the Team’s uniform procedures;
(C) identify system gaps and risk factors associated with deaths reviewed by the Team;
(D) recommend changes in statute, rule, policy, procedure, practice, training, or coordination of services that would decrease the number of preventable deaths in Vermont’s vulnerable adult population; and
(E) assess the effectiveness of the Team’s activities. (Added 2015, No. 135 (Adj. Sess.), § 1.)
§ 6963. Confidentiality
(a) The Team’s proceedings and records are confidential and exempt from public inspection and copying under the Public Records Act and shall not be released. Such information shall not be subject to subpoena or discovery or be admissible in any civil or criminal proceedings; provided, however, that nothing in this subsection shall be construed to limit or restrict the right to discover or use in any civil or criminal proceedings anything that is available from another source and entirely independent of the Team’s review. The Team shall not use information, records, or data that it obtains or generates for purposes other than those described in this subchapter.
(b) The Team’s conclusions and recommendations may be disclosed, but shall not identify or allow for the identification of any person or entity.
(c) Meetings of the Team are confidential and shall be exempt from the Vermont Open Meeting Law. The Secretary of the Team shall maintain any records, including meeting minutes, generated by the Team.
(d) Team members and persons invited to assist the Team shall not reveal information, records, discussions, and opinions disclosed in connection with the Team’s work, and shall execute a sworn statement to honor the confidentiality of such information, records, discussions, and opinions. The Chair of the Team shall be responsible for obtaining and maintaining confidentiality agreements. (Added 2015, No. 135 (Adj. Sess.), § 1.)
§ 6964. Access to information and records
(a) In any case subject to review by the Team, and upon written request by the Chair of the Team, any person who possesses information or records that are necessary and relevant to Team review shall as soon as practicable provide the Team with the information and records.
(b) The Team shall not have access to the proceedings, reports, and records of peer review committees as defined in 26 V.S.A. § 1441.
(c) Persons disclosing or providing information or records upon the Team’s request are not criminally or civilly liable for disclosing or providing information or records in compliance with this section. (Added 2015, No. 135 (Adj. Sess.), § 1.)
