Vermont Statutes Title 33 Sec. 6903
Terms Used In Vermont Statutes Title 33 Sec. 6903
- Abuse: means :
- Adult: means any individual who is 18 years of age or older. See
- Capacity: means an individual's ability to make and communicate a decision regarding the issue that needs to be decided. See
- 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. See
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Disabilities, Aging, and Independent Living. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Exploitation: means :
- 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:
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Report: means the statements provided to Adult Protective Services from a reporter alleging that a vulnerable adult has been abused, neglected, or exploited. See
- Reporter: means the person who has submitted a report to Adult Protective Services. See
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Vulnerable adult: means any person 18 years of age or older who:
§ 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.)