Mandatory Reporting Requirements: The Elderly
Vermont

• Employees, contractors and grantees who directly provide health care, law enforcement, caregiving, counseling, education, or social services to adults and who know or who have reason to suspect that a vulnerable adult has been abused, neglected, or exploited.

Note: (1) a crisis worker acting pursuant to a 12 V.S.A. §1614 and (2) the State Long-Term Care Ombudsman and his representatives are not required to report provided the information is learned through a communication intended to be confidential at the time it is made.

When is a report required?

• Knows of or has received information of abuse, neglect or exploitation of a vulnerable adult or has reason to suspect that any vulnerable adult has been abused, neglected or exploited.  Must be submitted within two business days.

Where does it go?

• The Commissioner of Disabilities, Aging and Independent Living, via Vermont Adult Protective Services by telephone (1-800-564-1612), by email to APS@vermont.gov, or online at: https://fw1.harmonyis.net/VTDAILLiveIntake/.
• Reports may also be made to a law enforcement officer.
• If the report involves acts or omissions of the Commissioner of Disabilities, Aging and Independent Living, such reports shall be directed to the Secretary of the Human Services.

• “Abuse” means:
• Any medical treatment that purposely, knowingly, or recklessly places life, health, or welfare of a vulnerable adult in jeopardy or which is likely to result in impairment of health;
• 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;
• 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 adult;
• Any sexual activity with a vulnerable adult by a caregiver. This definition shall not apply to a consensual relationship between a vulnerable adult and a spouse, nor to a consensual relationship between a vulnerable adult and a caregiver hired, supervised, and directed by the vulnerable adult;
• 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;
• Intentionally subjecting a vulnerable adult to behavior that should reasonably be expected to result in serious emotional or psychological distress, including intimidation, fear, humiliation, degradation, agitation, or disorientation;
• Administration, or threatened administration, of a drug, substance, or preparation to a vulnerable adult for a purpose other than legitimate and lawful medical or therapeutic treatment;
• Wrongful denial or withholding of necessary medication, care, durable medical equipment, or treatment; or
• 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.
• “Caregiver” means 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 a person with a designated responsibility for providing care to a person that is required because of the person's age or disability.
• “Crisis worker” means an employee or volunteer who:
• provides direct services to victims of abuse or sexual assault for a domestic violence program or sexual assault crisis program incorporated or organized for the purpose of providing assistance, counseling or support services;
• has undergone 20 hours of training;
• works under the direction of a supervisor of the program, supervises employees or volunteers, or administers the program; and
• is certified by the director of the program.
• “Department” means the Department of Disabilities, Aging, and Independent Living.
• “Exploitation” means:
• Willfully using, withholding, transferring, or disposing of funds or property of a vulnerable adult without or in excess of legal authority for the wrongful profit or advantage of another;
• 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;
• breach of duty by a guardian, agent, or other fiduciary to the detriment of a vulnerable adult;
• acquiring or attempting to acquire 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;
• 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;
• knowingly failing to use a vulnerable adult's income and assets for the necessities required for that vulnerable adult's support and maintenance; or
• influencing or persuading a vulnerable adult to perform services with substandard compensation for the profit or advantage of another.
• “Neglect” means purposeful or reckless failure or omission by a caregiver to:
• provide care or arrange for goods or services necessary to maintain the health or safety of a vulnerable adult, including food, clothing, medicine, shelter, supervision, and medical services, unless the caregiver is acting pursuant to the wishes of the vulnerable adult or his or her representative, or an advance directive;
• make a reasonable effort, in accordance with the authority granted the caregiver, to protect a vulnerable adult from abuse, neglect, or exploitation by others;
• carry out a plan of care for a vulnerable adult when such failure results in or could reasonably be expected to result in physical or psychological harm or a substantial risk of death to the vulnerable adult, unless the caregiver is acting pursuant to the wishes of the vulnerable adult or his or her representative, or an advance directive; or
• 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.
• “Plan of care” includes a duly approved plan of treatment, protocol, individual care plan, rehabilitative plan, plan to address activities of daily living or similar procedure describing the care, treatment, or services to be provided to address a vulnerable adult’s physical, psychological, or rehabilitative needs.
• “Representative” means a court-appointed guardian, or an agent acting under an advance directive, unless otherwise specified in the terms of the advance directive.
• “Vulnerable adult” means any person 18 years of age or older who:
• Is a resident of a state licensed nursing home facility;
• Is a resident of a psychiatric hospital or a psychiatric unit of a hospital;
• Has been receiving personal care services for more than one month from a home health agency certified by the Vermont Department of Health or from a person or organization that offers, provides, or arranges for personal care; or
• Regardless of residence or whether any type of service is received, is impaired due to brain damage, infirmities of aging, mental condition, or a physical, psychiatric, or developmental disability that (i) results in some impairment of the individual’s ability to provide for his or her own care without assistance, including the provision of food, shelter, clothing, health care, supervision, or management of finances or (ii) because of the disability or infirmity, the individual has an impaired ability to protect himself or herself from abuse, neglect, or exploitation.
  • Note: 72 year-old plaintiff seeking relief-from-abuse order against her neighbor was required to prove that she was unable to protect herself from abuse, neglect, or exploitation; a mere listing of physical ailments, which many people suffer, was not sufficient.  (Farr v. Searles, 2006, 910 A.2d 929, 180 Vt. 642.) 

• A report should be submitted to the Commissioner of Disabilities, Aging, and Independent Living within two business days of the reporter learning of the basis for the report.

• The name and address of the reporter;
• The name, address and age of the vulnerable adult;
• The name and address of the persons responsible for the vulnerable adult’s care, if known;
• 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; 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.

• 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.
• Whenever the Department finds, after notice and hearing, that a person has committed sexual abuse, exploitation in an amount in excess of $500, abuse or neglect that causes grievous injury, to a vulnerable adult, the Department may imposed an administrative penalty of not more than $25,000 for each violation.
• Whenever the Department finds, after a notice and hearing, that a mandatory reporter has willfully violated the mandatory reporting requirements, the Department may impose an administrative penalty not to exceed $1,000 per violation.   Every 24 hours that a report is not made beyond the initial 48-hour reporting requirement is a new and separate violation, carrying an administrative penalty of not more than $1,000 per 24-hour reporting period, not to exceed a maximum of $25,000 per reportable incident.
• Any person who in good faith makes a report alleging abuse, neglect or exploitation shall be immune from any liability, civil or criminal, for making the report, except for reports by any person suspected of having abused, neglected or exploited a vulnerable adult.
• 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, by reason of the report. Any person making a report shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of the reporting party by reason of his or her making a report.
• The identity of a person who makes a report under this section shall be kept confidential unless the person making the report consents to disclosure, a judicial proceeding results from the report, or a court, after a hearing, finds probable cause to believe the report was not made in good faith and orders the Department of Disabilities, Aging & Independent Living to disclose the person’s identity.

12 V.S.A. §1614; 33 V.S.A. §§ 6902, 6903, 6904, 6908, 6909, 6913.