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

• § 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.)