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

  (a) The purpose of this chapter is to:

  (1) protect vulnerable adults whose health and welfare may be adversely affected through abuse, neglect, or exploitation;

  (2) recognize and accommodate the barriers for vulnerable adults that may impair both their response to maltreatment and the ability to substantiate allegations of maltreatment; and

  (3) require the reporting of suspected abuse, neglect, and exploitation of vulnerable adults, the investigation of such reports, and the establishment of protective services, when needed.

  (b) The provision of protective services under this chapter shall not cause undue harm or violate the individual’s autonomy and shall provide opportunities for the vulnerable adult’s preferences to be considered. (Added 1979, No. 150 (Adj. Sess.); amended 1985, No. 78, § 1; 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2023, No. 81, § 1, eff. July 1, 2023.)

• § 6902. Definitions

  As used in this chapter:

  (1) “Abuse” means:

  (A) Any medical treatment that purposely, knowingly, or recklessly places the life, health, or welfare of a vulnerable adult in jeopardy or is likely to result in impairment of health to the vulnerable adult.

  (B) Any conduct committed purposely, knowingly, or recklessly that is likely to cause unnecessary harm, unnecessary pain, or unnecessary suffering to a vulnerable adult or places the life, health, or welfare of a vulnerable adult in jeopardy or is likely to result in impairment of health to the vulnerable adult.

  (C) Confinement, seclusion, restraint, or interference with the freedom of movement of a vulnerable adult, unless necessary to ensure the health and safety the vulnerable adults or others.

  (D)(i) Any sexual activity or acts of a sexual nature with a vulnerable adult by a caregiver. This definition shall not apply to a consensual relationship between a vulnerable adult and a spouse or household member as defined in 15 V.S.A. § 1101, or to a consensual relationship between a vulnerable adult and a caregiver hired, supervised, and directed by the vulnerable adult.

  (ii) Any sexual activity or acts of a sexual nature with a vulnerable adult when the vulnerable adult does not consent or when the individual knows or should know that the vulnerable adult is incapable of resisting or consenting to the sexual activity due to age, disability, or fear of retribution or hardship, regardless of whether the individual has actual knowledge of the adult’s status as a vulnerable adult.

  (E) Purposely or recklessly subjecting a vulnerable adult to behavior that a reasonable person would expect to result in serious emotional or psychological distress, including intimidation, fear, humiliation, degradation, agitation, or disorientation.

  (F) Administration, or threatened administration, of a drug or substance to a vulnerable adult for a purpose other than legitimate and lawful medical or therapeutic treatment.

  (G) Wrongful denial or withholding of necessary medication, care, durable medical equipment, or treatment.

  (H) Use of deception, force, threat, undue influence, harassment, duress, or fraud to induce a vulnerable adult to request or consent to receive or refuse treatment.

  (2) “Activities of daily living” means dressing and undressing, bathing, personal hygiene, bed mobility, toilet use, transferring, mobility in and around the home, communication, and eating.

  (3) “Acts of a sexual nature” means fondling, exposure of genitals, and lewd and lascivious conduct.

  (4) “Adult” means any individual who is 18 years of age or older.

  (5) “Alleged perpetrator” means the individual alleged to have abused, neglected, or exploited the alleged victim.

  (6) “Alleged victim” means the individual who is alleged to have been abused, neglected, or exploited by the alleged perpetrator.

  (7) “Assessment” means a process by which Adult Protective Services gathers additional information to determine if an investigation should be opened.

  (8) “Care” means subsistence, medical services, personal care services, mental health services, or rehabilitative services and includes assistance with activities of daily living or instrumental activities of daily living.

  (9) “Caregiver” means:

  (A) a worker or employee in a facility or program that provides care to an adult who is an elder or has a disability and who has assumed the responsibility voluntarily, by contract, or by an order of the court; or

  (B) a person with a designated responsibility for providing care to a person that is required because of the person’s age or disability.

  (10) “Commissioner” means the Commissioner of Disabilities, Aging, and Independent Living.

  (11) “Department” means the Department of Disabilities, Aging, and Independent Living.

  (12) “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.

  (13) “Exploitation” means:

  (A) willfully or knowingly using, withholding, transferring, or disposing of funds or property of a vulnerable adult without or in excess of legal authority to the detriment of a vulnerable adult;

  (B) purposeful unauthorized access, sharing, or use of identifying information, image or likeness, personal accounts, or documents of a vulnerable adult without or in excess of legal authority to the detriment of the vulnerable adult or for the wrongful profit or advantage of another;

  (C) breach of duty by a guardian, agent, or other fiduciary to the detriment of a vulnerable adult;

  (D) acquiring or attempting to acquire possession or control of or an interest in funds or property of a vulnerable adult through the use of deception, force, threat, undue influence, harassment, duress, or fraud;

  (E) refusing to return or surrender possession or control of an interest in funds or property of a vulnerable adult upon the request of a vulnerable adult or the vulnerable adult’s representative;

  (F) knowingly failing to use a vulnerable adult’s income and assets for the necessities required for that vulnerable adult’s support and maintenance;

  (G) influencing or persuading a vulnerable adult to perform services with substandard compensation for the profit or advantage of another.

  (14) “Expungement” means the removal of an individual’s name and associated identifying information from the Adult Abuse Registry.

  (15) “Instrumental activities of daily living” means meal preparation, medication management, phone use, money management, household maintenance, housekeeping, laundry, shopping, transportation, and care of adaptive equipment.

  (16) “Interested person” means a representative of the vulnerable adult; Adult Protective Services staff; the Commissioner of Disabilities, Aging, and Independent Living; or the Commissioner’s designee.

  (17) “Investigative summary report” means the document that summarizes the investigation conducted by Adult Protective Services and includes a recommendation to substantiate or unsubstantiate the investigated allegations against the alleged perpetrator.

  (18) “Lewd or lascivious conduct” has the same meaning as in 13 V.S.A. § 1375.

  (19) “Maltreatment” means abuse, neglect, or exploitation as defined in this section. “Maltreatment” does not include self-neglect.

  (20) “Mandatory reporter” means an individual with an obligation to report allegations of maltreatment of vulnerable adults pursuant to 6903 of this title.

  (21)(A) “Neglect” means purposeful, knowing, or reckless failure or omission by a caregiver that has resulted in, or could be expected to result in, physical or psychological harm, including a failure or omission 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 the vulnerable adult’s 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 unless the caregiver is acting pursuant to the wishes of the vulnerable adult or the vulnerable adult’s 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 does not include self-neglect.

  (22) “Plan of care” means a medically 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 address a vulnerable adult’s physical, psychological, or rehabilitative needs.

  (23) “Protective services” means services, actions, measures, or interventions that are intended, through voluntary agreement or through appropriate court action, to prevent further neglect, abuse, or exploitation of a vulnerable adult. Such services may include referrals, petitioning for relief from abuse, or petitioning for the appointment of a guardian.

  (24) “Provider” means an individual, organization, or entity that provides care to adults known to be vulnerable.

  (25) “Recommendation for substantiation” means that an investigation has been conducted and the Adult Protective Services investigator has concluded that the preponderance of the evidence discovered in the course of the investigation would lead a reasonable person to believe that the alleged perpetrator abused, neglected, or exploited the vulnerable adult.

  (26) “Report” means the statements provided to Adult Protective Services from a reporter alleging that a vulnerable adult has been abused, neglected, or exploited.

  (27) “Reporter” means the person who has submitted a report to Adult Protective Services.

  (28) “Representative” means a court-appointed guardian, an agent acting under an advance directive executed pursuant to 18 V.S.A. chapter 231, or an agent under a power of attorney, unless otherwise specified in the terms of the power of attorney.

  (29)(A) “Self-neglect” means an adult’s inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including:

  (i) obtaining essential food, clothing, shelter, and medical care;

  (ii) obtaining goods and services necessary to maintain physical health, mental health, or general safety; or

  (iii) managing one’s own financial affairs.

  (B) The term “self-neglect,” which is not maltreatment by another and is distinct from the definition of “neglect,” excludes individuals who make a conscious and voluntary choice not to provide for certain basic needs as a matter of lifestyle, personal preference, or religious belief and who understand the consequences of their decision.

  (30) “Sexual activity” means a sexual act as defined in 13 V.S.A. § 3251 other than appropriate medical care or personal hygiene.

  (31) “Substantiated” means that the Commissioner or the Commissioner’s designee has determined, after the investigation, that a report demonstrates, by a preponderance of the evidence, that the vulnerable adult has been abused, neglected, or exploited by the alleged perpetrator.

  (32) “Unsubstantiated” means that an investigation has been conducted without a recommendation of substantiation. “Unsubstantiated” does not imply that maltreatment of a vulnerable adult by an alleged perpetrator did or did not occur. Reasons for unsubstantiation include:

  (A) the Adult Protective Services investigator’s conclusion that the preponderance of the evidence would not lead a reasonable person to believe that the alleged perpetrator had abused, neglected, or exploited the vulnerable adult;

  (B) evidence that the alleged victim is not vulnerable;

  (C) evidence that maltreatment did not occur; or

  (D) a lack of sufficient evidence to demonstrate that the alleged victim meets the definition of a vulnerable adult or that maltreatment occurred.

  (33) “Volunteer” means an individual who, without compensation, provides services through a private or public organization.

  (34) “Vulnerable adult” means any person 18 years of age or older who:

  (A)(i) is a resident of a facility required to be licensed under chapter 71 of this title;

  (ii) is a resident of a psychiatric hospital or a psychiatric unit of a hospital;

  (B) was receiving assistance with personal care services for more than one month from a designated home health agency or from a person or organization that offers, provides, or arranges for personal care or is determined to be clinically eligible to receive Long-Term Medicaid waiver services; or

  (C) regardless of residence or whether any type of service is received, has a physical, mental, or developmental disability; infirmities as a result of brain damage or a mental condition; or infirmities of aging resulting in:

  (i) impairment of the individual’s ability to independently engage in activities of daily living or instrumental activities of daily living or to provide for some aspect of the adult’s own personal care without assistance; or

  (ii) some impairment of the adult’s ability to protect the adult 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; 2023, No. 81, § 1, eff. July 1, 2023.)

• § 6903. Reporting suspected abuse, neglect, and exploitation of vulnerable adults

  (a) All employees, contractors, volunteers, or grantees who directly provide health care, law enforcement, caregiving, counseling, education, or social services to adults who know of information of abuse, neglect, or exploitation of a vulnerable adult or who have reason to suspect that any vulnerable adult has been abused, neglected, or exploited shall report in accordance with the provisions of section 6904 of this title within two business days.

  (1) If an individual listed in this subsection is a direct witness to evidence of abuse, neglect, or exploitation, the individual shall report or be party to a report that is made on behalf of multiple mandatory reporters.

  (2) If an individual listed in this subsection knows of abuse, neglect, or exploitation of a vulnerable adult or has actual knowledge that any vulnerable adult has been abused, neglected, or exploited, the individual shall report unless the individual has reason to believe that the evidence of abuse, neglect, or exploitation has already been reported.

  (3) Except as provided in subdivision (4) of this subsection (a), an individual listed in this subsection (a) shall not refuse to make a report required by this section on the grounds that making the report would violate a privilege or disclose a confidential communication.

  (4) A crisis worker acting pursuant to 12 V.S.A. § 1614 and the State Long-Term Care Ombudsman or a designee of the Office, as defined in section 7501 of this title, shall not be required to make a report under this subsection (a) if the report would be based upon information received in a communication that is:

  (A) made to a crisis worker or State Long-Term Care Ombudsman or a designee of the Office acting in the individual’s professional capacity; and

  (B) intended by the parties to be confidential at the time the communication is made.

  (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;

  (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; or

  (4) the reporter is listed in subdivision (a)(1) of this section, in which case the reporter’s information may be shared with other investigative bodies as necessary to conduct the investigation. (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; 2023, No. 81, § 1, eff. July 1, 2023.)

• § 6904. Nature and content of report; to whom made

  A report shall be made to the Commissioner or the Commissioner’s designee. To be considered a report to the Commissioner or designee, it shall contain the name and address of the reporter as well as the names and addresses of the vulnerable adult and persons responsible for the vulnerable adult’s care, if known; the age of the vulnerable adult; the nature of the vulnerable adult’s 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 the reporter is in possession of documentation that establishes the alleged victim’s conditions, needs, or services, that shall be included in the report. Any evidence of maltreatment shall also be cited in the report. If a report of abuse, neglect, or exploitation involves the acts or omissions of the Commissioner or employees of the Department, then such reports shall be directed to the Secretary of 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; 2023, No. 81, § 1, eff. July 1, 2023.)

• § 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. Assessment and investigation

  (a) Report of maltreatment.

  (1) Upon receipt of a report of maltreatment, the Department shall determine whether the report constitutes an allegation of abuse, neglect, or exploitation as defined in section 6902 of this title. The Department shall respond to reports of alleged abuse, neglect, or exploitation that occurred in Vermont and to out-of-state conduct when the vulnerable adult is a resident of Vermont.

  (2) The Department shall determine whether to conduct an assessment or an investigation, as provided for in this section, or whether to screen out the report. An assessment may be used to determine whether an investigation is necessary. The Department shall begin either an assessment or an investigation within one business day in all cases in which the alleged victim has experienced a life-threatening or severe injury; requires hospitalization as a result of maltreatment; was the alleged victim of sexual abuse; or is experiencing ongoing harm. The Department shall initiate an assessment or an investigation within two business days after the day of the receipt of all other accepted reports made pursuant to section 6904 of this title. The Department shall collect the following demographic information about the alleged victim and alleged perpetrator, if available, if an assessment or investigation is opened: gender, race, age, ethnicity, sexual orientation, gender identity, and disability status.

  (3) The decision to conduct an assessment shall include consideration of the following factors:

  (A) the severity of any alleged maltreatment and any injuries;

  (B) the relationship between the alleged victim and alleged perpetrator;

  (C) the known history of the report; and

  (D) the detail and specificity of information provided in the report regarding the alleged victim’s vulnerability and the alleged maltreatment.

  (4) The Department shall investigate when an accepted report involves allegations indicating serious maltreatment or ongoing risk of harm to the alleged victim. The Department may investigate any report of maltreatment Adult Protective Services receives.

  (5) The Department shall begin an immediate investigation if, at any time during an assessment, it appears that an investigation is appropriate.

  (6) To the extent permitted by law, the Department may collaborate with law enforcement, health care and service providers, and other departments and agencies in Vermont and other jurisdictions to evaluate the risk to the vulnerable adult and may enter into reciprocal agreements with law enforcement, other departments and agencies, and other jurisdictions to further the purposes of this section. In no event shall the Department disclose information to other divisions, departments, or agencies unless such a disclosure is necessary to further the express purpose of this section.

  (b) Assessment.

  (1) An assessment, to the extent that is reasonable under the facts and circumstances provided in a report, shall include the following:

  (A) an interview with the reporter and the alleged victim, which shall focus on ensuring the immediate safety of the alleged victim and mitigating the future risk of harm to the alleged victim in the current environment;

  (B) a determination as to whether the alleged victim meets the definition of a vulnerable adult and whether the allegations, if true, meet the statutory definition of abuse, neglect, or exploitation, or any combination thereof; and

  (C) in collaboration with the alleged victim, the identification of resources and protective service needs that reduce the risk of future abuse, neglect, or exploitation and improve or restore the care and safety of the alleged victim.

  (2) Services offered during or at the conclusion of an assessment can only be implemented through voluntary agreement or court action.

  (3) If the assessment is closed without resulting in an investigation, there shall be no finding of abuse, neglect, or exploitation. However, the Department shall document the outcome of the assessment.

  (4) The Department shall provide written notice to the victim, and the victim’s representative who is not the subject of the assessment, of the outcome of the assessment.

  (c) Investigation.

  (1) The Department shall:

  (A) Notify the reporter in writing if Adult Protective Services decides not to investigate or to conduct an assessment of the report. The notification shall be provided within five business days after the decision is made and shall inform the reporter that the reporter may ask the Commissioner to review the decision.

  (B) Notify the alleged victim, and the alleged victim’s representative, if any, in writing of the outcome of the investigation. The notification shall be provided within five business days after the decision has been made and shall inform the alleged victim or the alleged victim’s representative that the alleged victim or the alleged victim’s representative may ask the Commissioner to review the decision.

  (2) The investigation shall include, except where inclusion would jeopardize the health, welfare, or safety of the vulnerable adult:

  (A) An interview with the alleged victim, which may take place without the approval of the alleged victim’s parents, guardian, or caregiver, but cannot take place over the objection of the alleged victim.

  (B) An opportunity for the person who allegedly abused, neglected, or exploited the alleged victim to be interviewed. If the person declines to be interviewed, either through given notice or failure to respond, the alleged perpetrator shall be notified that the alleged perpetrator’s declination may be noted in the investigation and may be taken into account in any potential appeal process.

  (3) Upon completion of the investigation, the investigative summary describing pertinent evidence obtained during the course of the investigation and recommending a substantiation or unsubstantiation shall be submitted to the Commissioner or designee. Prior to substantiation, the Department shall interview the alleged perpetrator unless the alleged perpetrator declines. The investigative summary shall include a recommendation of whether placement on the Registry is appropriate. If the recommendation is for substantiation, the alleged perpetrator shall be given written notice by certified mail of the recommendation and a summary of the evidence that forms the basis of the recommendation and shall be notified of any remedial options that may exist and how a substantiated report might be used. The alleged perpetrator may seek an administrative review of the Department’s intention to place the alleged perpetrator’s name on the Registry by notifying the Department within 14 calendar days after the date listed on the Department’s notice of the right to an administrative review. The Commissioner may grant an extension past the 14-day period for good cause, not to exceed 28 calendar days after the date listed on the Department’s notice.

  (4) The administrative review of the Department’s intention to substantiate may be stayed if there is a related case pending in the Criminal or Family Division of the Superior Court that arose out of the same incident of abuse, neglect, or exploitation that resulted in the recommendation for substantiation. During the period the administrative review is stayed, if the Department’s intent is to place the alleged perpetrator’s name on the Registry, it shall add the alleged perpetrator’s name to the Registry with a notation that the case is pending. Upon resolution of the Superior Court criminal or family case, the alleged perpetrator may exercise the alleged perpetrator’s right to review under this section by notifying the Department in writing within 28 calendar days after the related court case, including any appeals, has been fully adjudicated. If the alleged perpetrator fails to notify the Department within 28 calendar days, the Department’s decision shall become final, and no further review under this subsection is required.

  (A) The Department shall hold an administrative review within 28 calendar days after receipt of the request for review. At least 14 calendar days prior to the administrative review, the Department shall provide to the alleged perpetrator requesting an administrative review the following: the redacted investigation file, which means only the portion of the investigation file relevant to an Adult Protective Services recommendation, redacted as necessary to minimize disclosure of any confidential information; notice of time and place of the administrative review; and administrative review procedures, including information that may be submitted and mechanisms for providing information.

  (B) At the administrative review, the alleged perpetrator who requested the review shall be provided with the opportunity to present documentary evidence or other information that supports the alleged perpetrator’s position and provides information to the reviewer in making the most accurate decision regarding the allegation. In determining the weight to be given any such evidence or information, the administrative reviewer shall consider whether the alleged perpetrator had an opportunity to present the evidence or information to the investigator during the investigation and, if so, the reasons for the failure to present the evidence or information at that time. The Department shall have the burden of proving that, based upon a preponderance of evidence, it concluded that a reasonable person would believe that the vulnerable adult has been abused, neglected, or exploited by that alleged perpetrator. The administrative review may be held remotely by telephone or through electronic means by mutual agreement of the parties.

  (C) The Department shall establish an administrative case review unit within the Department and may contract for the services of administrative reviewers. An administrative reviewer shall be a neutral and independent arbiter who has no prior involvement in the original investigation of the allegation.

  (5) Within seven calendar days after the completed review, the administrative reviewer shall:

  (A) reject the Department’s recommendation of substantiation;

  (B) accept the Department’s recommendation of substantiation; or

  (C) defer any recommendation and direct the Department to further investigate upon the recommendation of the administrative reviewer.

  (6) If the administrative reviewer accepts the Department’s recommendation of substantiation, a Registry record shall be made within two business days. If the administrative reviewer rejects the Department’s recommendation of substantiation, no Registry record shall be made.

  (7) Within seven calendar days of the decision to reject or accept the recommendation of substantiation or to defer the substantiation in accordance with subdivision (5) of this subsection, the administrative reviewer shall provide notice to the alleged perpetrator of the administrative reviewer’s decision. If the administrative reviewer accepts the Department’s recommendation of substantiation, the notice shall advise the alleged perpetrator of the right to appeal the administrative reviewer’s decision to the Human Services Board.

  (8)(A) If no administrative review is requested, the Department’s recommendation in the case shall be final, and the alleged perpetrator shall have no further right of review under this section.

  (B) The Commissioner may grant an exception and permit such an administrative review upon good cause shown. Good cause may include an acquittal or dismissal of a criminal charge arising from the incident of abuse, neglect, or exploitation.

  (9) In exceptional circumstances, the Commissioner, in the Commissioner’s sole and nondelegable discretion, may reconsider any decision made by an administrative reviewer. A Commissioner’s decision that imposes a penalty or creates a Registry record may be appealed to the Human Services Board.

  (10) Within 30 calendar days after the date of the notice advising that a report has been substantiated, an alleged perpetrator against whom a complaint has been lodged may apply to the Human Services Board for relief on the grounds that it is unsubstantiated. The Human Services Board shall hold a fair hearing under 3 V.S.A. § 3091. Unless the Commissioner agrees otherwise, the hearing shall be given priority by the Human Services Board, and an expedited hearing shall be provided, not later than 30 calendar days after the date of the notice advising that a report has been substantiated, and a decision shall be issued within seven calendar days after the hearing.

  (11) If a report is found to be unsubstantiated, the records shall be retained as part of the confidential records of the Department. If no court proceeding is brought pursuant to section 6903 of this title within six years following the date of the notice to the alleged perpetrator against whom the complaint was lodged, the records relating to the unsubstantiated report may be destroyed.

  (12) If the Human Services Board reverses a substantiated finding, the Commissioner shall remove all information from the Registry.

  (13)(A) When a final determination has been made, the Commissioner shall inform the vulnerable adult or the vulnerable adult’s representative in writing.

  (B) When a final determination of substantiation has been made, the Department shall also inform the perpetrator’s current employer, if known, in writing 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; 2023, No. 81, § 1, eff. July 1, 2023.)

• § 6907. Remedial action

  (a) Protective services. If the investigation produces evidence that the vulnerable adult has been abused, neglected, or exploited, and protective services are not in place, the Department shall pursue available protective services.

  (b) Consent to services.

  (1) Protective services shall be provided only with the consent of the vulnerable adult; the vulnerable adult’s guardian, agent under power of attorney, or agent under advance directive; 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)(A) In the event that the vulnerable adult’s guardian is the person responsible for the abuse, neglect, or exploitation, and the guardian refuses consent to the investigation or the alleged victim’s protective services, the investigator may seek review of the guardian’s refusal by filing a motion with the Probate Division of the Superior Court pursuant 14 V.S.A. § 3062(c).

  (B) In the event that the vulnerable adult’s agent under power of attorney is the person responsible for the abuse, neglect, or exploitation, and the agent refuses to consent to the investigation or the alleged victim’s protective services, the investigator may seek review of the agent’s refusal by filing a petition in Superior Court pursuant to 14 V.S.A. § 3510(b).

  (C) In the event that the vulnerable adult’s agent under advance directive is the person responsible for the abuse, neglect, or exploitation, and the agent does not consent to the investigation or the receipt of protective services, the investigator may file a petition in Probate Court pursuant to 18 V.S.A. § 9718 to seek review under subdivision (b)(3) of that section as to whether the refusal is consistent with the authority granted to the agent in the advance directive.

  (3) Failure to consent to protective services, either by the vulnerable adult or the vulnerable adult’s guardian, agent under power of attorney, or agent under advance directive shall not automatically end an investigation of an alleged perpetrator. (Added 1985, No. 78, § 7; amended 2001, No. 135 (Adj. Sess.), § 6, eff. June 13, 2002; 2023, No. 81, § 1, eff. July 1, 2023.)

• § 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 making a report. Nothing in this section grants immunity to a person reporting the person’s own perpetration of maltreatment. (Added 1985, No. 78, § 9; amended 2013, No. 131 (Adj. Sess.), § 86, eff. May 20, 2014; 2023, No. 81, § 1, eff. July 1, 2023.)

• § 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 protective services, the Department may petition the Superior Court for an order enjoining the caregiver from interfering with the provision of protective services. The petition shall present facts to show that the vulnerable adult is in need of protective services, that the vulnerable adult or the vulnerable adult’s representative consents to the receipt of protective services, and that the caregiver has interfered with the provision of protective services. If the court, after hearing, finds that the vulnerable adult requires and consents to protective services, and has been prevented by the vulnerable adult’s caregiver from receiving protective services the court may issue an order enjoining the caregiver from further interference. (Added 1985, No. 78, § 10; amended 1993, No. 100, § 5; 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2023, No. 81, § 1, eff. July 1, 2023.)

• § 6911. Records of abuse, neglect, and exploitation

  (a) Access to records.

  (1) Subject to confidentiality or privilege protections, except those provided by the Health Insurance Portability and Accountability Act of 1996, its corresponding regulations, and 18 V.S.A. § 1881, the Department’s Adult Protective Services shall have access to any records or documents, including client-identifying information, financial records, and medical and psychological records, necessary to the performance of the Department’s duties under this chapter. The duties include the investigation of abuse, neglect, or exploitation or the provision of protective services to a vulnerable adult. A person, agency, or institution that has a record or document that the Department needs to perform its duties under this chapter shall, without unnecessary delay, make the record or document available to the Department. For the purposes of this subsection, “financial records” does not include records developed or maintained by the Department of Financial Regulation.

  (2) The Department is exempt from the payment of a fee otherwise required or authorized by law to obtain a financial record from a person, agency, or institution or a medical record, including a mental health record, from a hospital or health care provider if the request for a record is made in the course of an investigation by the Department.

  (3) If the Department cannot obtain access to a record or document that is necessary to properly investigate or to perform another duty under this chapter, the Department may petition the Superior Court for access to the record or document.

  (4) On good cause shown, the court shall order the person, agency, or institution in possession or control of a record or document to allow the Department to have access to that record or document under the terms and conditions prescribed by the court.

  (5) A person, agency, or institution in possession or control of a requested record or document is entitled to notice and a hearing on a petition filed under this section.

  (6) Access to a confidential record under this section does not constitute a waiver of confidentiality.

  (7) A person who in good faith makes an alleged victim’s 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 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.

  (b) Confidentiality of reports and documents.

  (1)(A) Information obtained through reports to and assessments and investigations conducted by the Department, including the identity of the reporter, shall be confidential and shall not be released absent a court order, except the final investigative summary 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 alleged perpetrator;

  (iv) the vulnerable adult or the vulnerable adult’s 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.

  (B) When disclosing information pursuant to this subdivision (1), 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.

  (2) 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 the victim’s 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. Disclosures necessary to conduct Adult Protective Services investigations or to make referrals to law enforcement agencies, or to divisions or grantees of the Department, shall be permitted, but reasonable efforts shall be made to limit the information to the minimum necessary to accomplish the intended purpose of the disclosure.

  (3) Notwithstanding subdivision (a)(1) of this section, financial information made available to an adult protective services investigator pursuant to this section 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 (2) of this subsection.

  (c) The Department shall maintain a registry of substantiated caregivers that shall contain the following information:

  (1) the date and nature of the finding;

  (2) the names of individuals convicted of a crime pursuant to 13 V.S.A. § 1383; and

  (3) in addition, aside from a caregiver’s name, at least one other personal identifier to prevent the possibility of misidentification.

  (d) Disclosure of Registry information.

  (1) The Commissioner or designee may disclose Registry information only to:

  (A) The State’s Attorney or the Attorney General.

  (B) The public as required by the Nursing Home Reform Act of 1986 and regulations promulgated under the Act.

  (C) 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. Notwithstanding section 6902 of this chapter, “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. If that individual has a record of a substantiated report, the Department shall provide the Registry information to the employer.

  (D) An individual seeking to determine if the individual’s own name is on the Registry.

  (E) 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. If the person has a record of a substantiated report, the Commissioner shall provide the Registry information.

  (F) The Commissioner for Children and Families or designee for purposes related to:

  (i) the licensing or registration of facilities and individuals regulated by the Department for Children and Families; and

  (ii) the Department’s child protection obligations under chapters 49–59 of this title.

  (G) 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.

  (H) Upon request or when relevant to other states’ adult protective services offices.

  (I) The Board of Medical Practice for the purpose of evaluating an applicant, licensee, or holder of certification pursuant to 26 V.S.A. § 1353.

  (J) 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.

  (K) The Office of Professional Regulation for the purpose of evaluating an applicant, licensee, holder of a certification, or registrant for possible unprofessional conduct, where appropriate.

  (L) A Family Division of the Superior Court upon request of that court if it is involved 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 the parent 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).

  (M) The Cannabis Control Board for the purpose of evaluating an individual’s suitability to be a registered caregiver under 7 V.S.A. § 954.

  (2) The request for disclosure of Registry information pursuant to subdivisions (1)(C), (1)(E)–(G), and (1)(I)–(K) of this subsection shall be in writing and accompanied by a release from the person applying for or already providing services to children or vulnerable adults.

  (e) An employer providing transportation services to children or vulnerable adults may disclose Registry records obtained pursuant to subdivision (d)(1)(C) 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.

  (f) A person may, at any time, apply to the Human Services Board for relief if the person has reasonable cause to believe that the contents of the Registry or investigative records are being misused.

  (g) A person may at any time apply to the Department for expungement of the person’s name from the Registry. The person shall have the burden of showing why the person’s name should be expunged from the Registry. The Department shall consider the person’s completion of reparation and rehabilitation in determining whether the person’s name should be expunged from the Registry. (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; 2023, No. 65, § 19, eff. June 14, 2023; 2023, No. 81, § 1, eff. July 1, 2023.)

• § 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 Department finds, after notice and hearing, that a person has committed sexual abuse as defined in subdivision 6902(1)(D) of this title, exploitation as defined in subdivision 6902(13) of this title 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 Department may impose an administrative penalty of not more than $25,000.00 for each violation. The Department 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) The Department shall investigate allegations that a mandated reporter has failed to make a required report when it appears that an investigation is appropriate. Whenever the Department finds, after notice and hearing, that a mandatory reporter, as defined in subsection 6903(a) of this title, has willfully violated the provisions of subdivision 6903(a)(1), the Department may impose an administrative penalty not to exceed $1,000.00 per violation. For purposes of this subsection, every 24 hours that a report is not made beyond the period for reporting required by section 6903 shall constitute a new and separate violation, and a mandatory reporter shall be liable for an administrative penalty of not more than $1,000.00 for each 24-hour period, not to exceed a maximum penalty of $25,000.00 per reportable incident.

  (c) Whenever the Department finds that a mandatory reporter willfully or knowingly withheld information, or provided false or inaccurate information, the Department may impose an administrative penalty not to exceed $1,000.00 per violation.

  (d) A person who is aggrieved by a decision under subsection (a), (b), or (c) 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; 2023, No. 81, § 1, eff. July 1, 2023.)

• § 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 that such information is necessary to protect vulnerable adults.

  (b) The Commissioners of Disabilities, Aging, and Independent Living, of Health, and of Mental Health or their designees may, for the protection of vulnerable adults or 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 department of the date and type of conviction.

  (c) 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. (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; 2023, No. 81, § 1, eff. July 1, 2023.)

• § 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 directly or by electronic or telephonic means, including surveillance video, access logs, IP addresses, and any other digital logs, documents, and metadata.

  (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)(1) 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 the investigator’s written request or, in the instances described in subsections (d) and (e) of this section, upon receipt of a court order.

  (2) The request shall include a statement signed by the account holder, if the account holder 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.

  (c) If the vulnerable adult lacks capacity and does not have a guardian or agent, or if the vulnerable adult lacks capacity and the vulnerable adult’s 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:

  (1) The account holder is an alleged victim of abuse, neglect, or financial exploitation.

  (2) The alleged victim lacks the capacity to consent to the release of the financial information.

  (3) Law enforcement is not involved in the investigation or has not requested a subpoena for the information.

  (4) 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.

  (5) Immediate enforcement activity that depends on the information would be materially and adversely affected by waiting until the alleged victim regains capacity.

  (6) The Commissioner has personally reviewed the request and confirmed that the conditions set forth in this subsection have been met and that disclosure of the information is necessary to protect the alleged victim from abuse, neglect, or financial exploitation.

  (d) 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).

  (e) 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.

  (f) The investigator shall include a copy of the written request in the alleged victim’s case file.

  (g) 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.

  (h) 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(b)(3) of this title and shall not be used against the alleged victim.

  (i) 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, not 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.

  (j) 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. (Added 2015, No. 91 (Adj. Sess.), § 2, eff. May 10, 2016; amended 2023, No. 81, § 1, eff. July 1, 2023.)

• § 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.)

• § 6917. Written communications

  Any written communications from the Department, an administrative reviewer, or the Human Services Board to the alleged victim or to the alleged perpetrator shall use plain language. (Added 2023, No. 81, § 1, eff. July 1, 2023.)

• § 6918. Rulemaking

  The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 to implement this subchapter, including:

  (1) conducting referrals on intakes, including:

  (A) required referrals; and

  (B) referrals on intake reports not accepted for assessment or investigation;

  (2) conducting assessments, including:

  (A) the components of an assessment;

  (B) the determinations of an assessment; and

  (C) timelines required for the assessment; and

  (3) conducting investigations, including:

  (A) the components of an investigation;

  (B) the determinations of an investigation; and

  (C) timelines required for the investigation. (Added 2023, No. 81, § 1, eff. July 1, 2023.)

• Subchapter 002: Maltreatment 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 vulnerable adult resides. If the vulnerable adult has left the residence to avoid abuse, neglect, or exploitation, the vulnerable adult 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; 2023, No. 81, § 2, eff. July 1, 2023.)

• § 6933. Request for relief

  (a) A vulnerable adult, Adult Protective Services staff, 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 more of the following orders:

  (1) an order that the defendant refrain from abusing, neglecting, or exploiting the vulnerable adult;

  (2) an order that the defendant immediately vacate the household;

  (3) an order that the defendant shall not contact or communicate with the vulnerable adult either directly or through a third party;

  (4) an order that the defendant shall not come within a fixed distance from the vulnerable adult;

  (5) an order that the defendant shall not stalk, as defined in 12 V.S.A. § 5131, the vulnerable adult;

  (6) an order to deliver care plans, medicines, physicians’ orders, and medical records to the vulnerable adult or the vulnerable adult’s representative;

  (7) an order to cooperate in the transfer of the vulnerable adult’s care to ensure the vulnerable adult’s safety and well-being;

  (8) an order to immediately return any cash, checks, money, or property belonging to the vulnerable adult in the defendant’s possession;

  (9) an order to immediately return any personal documentation regarding the vulnerable adult, including identification documents, insurance information, financial records, and immigration documentation;

  (10) an order that the defendant shall not access, dispose of, take, or transfer funds, accounts, or property from the vulnerable adult or any account in the name of the vulnerable adult;

  (11) an order to cease any access, sharing, or use of identifying information, image, or likeness of the vulnerable adult;

  (12) an order regarding possession, care, and control of any animal owned, possessed, leased, kept, or held as a pet by the vulnerable adult; and

  (13) such other orders as deemed necessary to protect the vulnerable adult.

  (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; 2023, No. 81, § 2, eff. July 1, 2023.)

• § 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 the vulnerable adult’s 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 the vulnerable adult’s 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; 2023, No. 81, § 2, eff. July 1, 2023.)

• § 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.)