Reports of Abuse of Vulnerable Adults

V.S.A. tit. 33, ch. 69, subch. 1

in effect

33 V.S.A. § 6901 Purpose

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.

33 V.S.A. § 6902 Definitions

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 of 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; or (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 the failure of a caregiver, agent, or fiduciary to provide the goods or services that are necessary to maintain the health or safety, or both, of a vulnerable adult (B) “Neglect” does not include self-neglect. (C) The actions or inactions of a caregiver or fiduciary shall not be considered neglect if the caregiver or fiduciary is acting: (i) pursuant to the wishes of the vulnerable adult; (ii) at the direction and authority of the vulnerable adult’s representative; or (iii) in accordance with the terms of the vulnerable adult’s advance directive. (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 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 or to a licensing entity in accordance with section 6904 of this chapter. (28) “Representative” means a court-appointed guardian, an agent acting under an advance directive, 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. § 3251other 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. (35) “Advance directive” has the same meaning as in 18 V.S.A. § 9701. (36)(A) “Fiduciary” means an individual or entity with the legal responsibility to: (i) make decisions on behalf of and for the benefit of another individual; and (ii) act in good faith and with fairness. (B) The term “fiduciary” includes a trustee, guardian, conservator, executor, agent under a power of attorney, or representative payee. 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; 2023, No. 85 (Adj. Sess.), §§ 474, 475, eff. July 1, 2024; 2025, No. 100 (Adj. Sess.), § 1, eff. October 1, 2026.

33 V.S.A. § 6903 Reporting suspected abuse, neglect, and exploitation 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.

33 V.S.A. § 6904 Nature and content of report; to whom made

6904. Nature and content of report; to whom made (a) Except as otherwise provided for certain reports of neglect in subsection (b) of this section, 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. (b)(1) If neglect is alleged to have been perpetrated within a facility licensed by the State or a program licensed by the State, or to have been perpetrated by an individual licensed by the State, the report shall be made to the relevant licensing entity or entities as follows: (A) Neglect within a licensed facility or program shall be reported to the applicable State licensing unit in accordance with State and federal licensing rules and regulations. (B) Neglect by an individual licensed by the Office of Professional Regulation shall be reported to the Office of Professional Regulation. (C) Neglect by an individual licensed by the Board of Medical Practice shall be reported to the Board of Medical Practice. (2)(A) If a licensing entity receives a report of alleged neglect pursuant to subdivision (1) of this subsection (b), the licensing entity shall notify Adult Protective Services that the licensing entity has received a report and is acting upon it accordingly. (B) If the licensing entity identifies neglect allegedly perpetrated within a licensed facility or program or by a licensed individual, the licensing entity shall make a report to Adult Protective Services in accordance with subsection (a) of this section. 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; 2025, No. 100 (Adj. Sess.), § 2, eff. October 1, 2026.

33 V.S.A. § 6905 Mandatory reporting to and postmortem investigation of deaths by the Office of the Chief Medical Examiner

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.

33 V.S.A. § 6906 Assessment and investigation

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 within 60 calendar days after the date of the alleged perpetrator’s request for a fair hearing. Priority shall be given to appeals in which there are immediate employment consequences for the person appealing the decision. The hearing officer’s written findings and recommendation shall be issued within 15 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; 2025, No. 100 (Adj. Sess.), § 3, eff. October 1, 2026.

33 V.S.A. § 6907 Remedial action

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. § 4016. (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; 2023, No. 85 (Adj. Sess.), § 476, eff. July 1, 2024.

33 V.S.A. § 6908 Immunity from liability

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.

33 V.S.A. § 6909 Retaliatory action by employer prohibited

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.

33 V.S.A. § 6910 Interference by caregiver

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.

33 V.S.A. § 6911 Records of abuse, neglect, and exploitation

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) Registry. 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) Disclosure of Registry records. 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) Application for relief. 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) Expungement. 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; 2023, No. 85 (Adj. Sess.), § 477, eff. July 1, 2024.

33 V.S.A. § 6912 Public education and disclosure of rights and duties; posting of notice

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.

33 V.S.A. § 6913 Penalties; abuse; neglect; exploitation; mandatory reporter’s failure to report

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 of this title 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.

33 V.S.A. § 6914 Access to criminal records

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.

33 V.S.A. § 6915 Access to financial information

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. § 4016 to compel the agent to consent to the release of the alleged victim’s financial information. (f) 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. § 4016 to compel the agent to consent to the release of the alleged victim’s financial information. (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; 2023, No. 85 (Adj. Sess.), § 478, eff. July 1, 2024.

33 V.S.A. § 6916 Annual report

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.

33 V.S.A. § 6917 Written communications

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.

33 V.S.A. § 6918 Rulemaking

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.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/33/069Fetched: 10/21/2026