Added: Susann Howle - Date: 15.09.2021 20:15 - Views: 43872 - Clicks: 4239
The purpose of this chapter is to protect vulnerable adults whose health and welfare may be adversely affected through abuse, neglect, or exploitation; provide a temporary or permanent nurturing and safe environment for vulnerable adults when necessary; and for these purposes to require the reporting of suspected abuse, neglect, and exploitation of vulnerable adults and the investigation of such reports and provision of services, when needed; and to intervene in the family or substitute care situation only when necessary to ensure proper care and protection of a vulnerable adult or to carry out other statutory responsibilities.
Added , No. June 13, A Any treatment of a vulnerable adult which places life, health, or welfare in jeopardy or which is likely to result in impairment of health. B Any conduct committed with an intent or reckless disregard that such conduct is likely to cause unnecessary harm, unnecessary pain, or unnecessary suffering to a vulnerable adult.
C Unnecessary or unlawful confinement or unnecessary or unlawful restraint of a vulnerable adult. D Any sexual activity with a vulnerable adult by a caregiver who volunteers for or is paid by a caregiving facility or program. 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.
E Intentionally subjecting a vulnerable adult to behavior which should reasonably be expected to result in intimidation, fear, humiliation, degradation, agitation, disorientation, or other forms of serious emotional distress. F 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.
A 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;. 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;.
C the act of forcing or compelling a vulnerable adult against his or her will to perform services for the profit or advantage of another;. D any sexual activity with a vulnerable adult when the vulnerable adult does not consent or when the actor knows or should know that the vulnerable adult is incapable of resisting or declining consent to the sexual activity due to age or disability or due to fear of retribution or hardship, whether or not the actor has actual knowledge of vulnerable status. B Neglect may be repeated conduct or a single incident which has resulted in or could be expected to result in physical or psychological harm, as a result of subdivisions A i , ii , or iii of this subdivision 7.
Such services may include supervision, guidance, counseling, petitioning for appointment of a guardian, and, when necessary, assistance in the securing of safe and sanitary living accommodations. However, nothing in this chapter gives the Commissioner authority to place the vulnerable adult in a State school or hospital, except pursuant to 18 V.
A is a resident of a facility required to be d under chapter 71 of this title;. B is a resident of a psychiatric hospital or a psychiatric unit of a hospital;. C 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. D regardless of residence or whether any type of service is received, is impaired due to brain damage, infirmities of aging, mental condition, or physical, psychiatric, or developmental disability:. June 13, ; , No.
May 20, ; , No. Reporting suspected abuse, neglect, and exploitation of vulnerable adults. June 30, ; , No. Nature and content of report; to whom made. A report shall be made orally or in writing to the Commissioner or deee as soon as possible, but in no event later than 48 hours thereafter. The report may also be made to a law enforcement officer. If an oral report is made by telephone or otherwise, the Commissioner or deee shall request that it be followed within one week by a report in writing. Reports shall contain the name and address of the reporter as well as the names and addresses of the vulnerable adult and persons responsible for his or her care, if known; the age of the vulnerable adult; the nature of his or her disability; the nature and extent of the vulnerable adult's abuse, neglect, or exploitation together with any evidence of 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 a report of abuse, neglect, or exploitation involves the acts or omissions of the Commissioner or employees of that Department, then such reports shall be directed to the Secretary of the Human Services who shall cause the report to be investigated by appropriate staff other than staff of the Department. 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.
A Notify the reporter, the victim, and the victim's legal representative, if any, in writing if Adult Protective Services or the Division of Licensing and Protection decides not to investigate the report. The notification shall be provided within five business days after the decision is made and shall inform the reporter that he or she may ask the Commissioner to review the decision.
B Notify the reporter, the victim, and the victim's legal representative, if any, in writing if Adult Protective Services or the Division of Licensing and Protection refers the report to another agency. The notification shall be provided within five business days after the referral is made. C Notify the reporter, the victim, and the victim's legal representative, if any, in writing of the outcome of the investigation.
If the recommendation is for a finding of substantiated the person shall be given notice of the recommendation, and the evidence which forms the basis of the recommendation, and shall be notified of how a substantiated report might be used. The person shall be offered an opportunity to dispute the recommendation and may, within 15 days of notification, request an administrative hearing in front of the Commissioner or deee.
Following the hearing, or if no hearing is requested within 15 days of notification, the Commissioner or deee shall make a finding of substantiated or unsubstantiated, and notify the person of the decision and of the right to appeal.
The Board shall hold a fair hearing under 3 V. Unless the Commissioner agrees otherwise, the fair hearing shall be given priority by the Board and an expedited hearing shall be provided, with a decision issued promptly thereafter. If no court proceeding is brought pursuant to subdivision c 3 of this title within six years of the date of the notice to the person against whom the complaint was lodged, the records relating to the unsubstantiated report shall be destroyed after notice to such person, unless he or she requests that the records not be destroyed.
If the investigation produces evidence that the vulnerable adult has been abused, neglected, or exploited, the Commissioner shall arrange for the provision of protective services in accordance with a written coordinated treatment plan. If the vulnerable adult does not consent, protective services shall not be provided, unless provision of protective services is court-ordered.
Immunity from liability. Any person who in good faith makes a report under section 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.
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 his or her making a report.
May 20, Interference by caregiver. If consent to receive protective services has been obtained in accordance with section of this title and the Commissioner has reasonable cause to believe that the caregiver is interfering with the provision of those services, the Commissioner may petition the Superior Court for an order ening the caregiver from interfering with the provision of services.
The petition shall present facts to show that the vulnerable adult is in need of protective services, that he or she or his or her guardian consents to the receipt of protective services, and that the caregiver has interfered with the provision of services.
If the Court, after hearing, finds that the vulnerable adult requires and consents to protective services, and has been prevented by his or her caregiver from receiving services, the Court may issue an order ening the caregiver from further interference. The Court may modify the terms of the coordinated treatment plan. Records of abuse, neglect, and exploitation. 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.
B Relevant information may be disclosed to the Secretary of Human Services, or the Secretary's deee, 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 his or her representative consents to the disclosure.
C Relevant information may be disclosed to a Family Division of the Superior Court, upon the request of that court, in any proceeding in which:. Relevant information may be disclosed to the Secretary of Human Services pursuant to subdivision 1 B of this subsection, and may also be disclosed to the Commissioner of Financial Regulation when the investigation relates to financial exploitation of a vulnerable adult. In addition, the Commissioner shall require that, aside from a person's name, at least one other personal identifier is listed in the Registry to prevent the possibility of misidentification.
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. The request shall be accompanied by a release ed by the current or prospective employee, volunteer, grantee, or contractor. If that individual has a record of a substantiated report, the Commissioner shall provide the Registry information to the employer.
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. The request shall be in writing and shall be accompanied by a release from the person applying for or already providing such services.
If the person has a record of a substantiated report, the Commissioner shall provide the Registry information. A the licensing or registration of facilities and individuals regulated by the Department for Children and Families; and. B the Department's child protection obligations under chapters 59 of this title.
A a parent of challenges a presumption of parentage under 15C V. B a parent of contests an allegation that he or she 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. An employer shall provide such records at the request of the Agency or its deee. Only Registry records regarding individuals who provide direct transportation services or otherwise have direct contact with children or vulnerable adults may be disclosed.
The petitioner shall have the burden of showing why his or her name should be expunged from the Registry. May 1, ; , No. May 15, ; , No. June 7, ; , No. May 28, ; , No. May 10, ; , No. Public education and disclosure of rights and duties; posting of notice. 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 s 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. A display the poster required by this subsection in its principal place of business; and.
B provide a written notice which includes all information contained on the poster to each vulnerable adult for whom services are provided. Penalties; abuse; neglect; exploitation; mandatory reporter's failure to report.Adult searching online dating Vermont
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