Download this document in MS Word format


AutoFill Template

H.163

 

An act relating to criminal abuse, neglect, and exploitation of vulnerable adults.

     The Senate proposes to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  FINDINGS

The General Assembly finds:

(1)  Vulnerable adults are one of the most abused segments of our population.  The 1998 National Elder Incidence Study reported that 449,925 elders experienced abuse or neglect in noninstitutional settings.  About 84 percent of these cases were never reported.  During the past five years, there has been a 41‑percent increase in the number of reports of abuse of vulnerable adults made to adult protective services in the Vermont department of aging and independent living.  During that same period, there has been a 66‑percent increase in the number of protective services provided to vulnerable adults.

(2)  Nationally, statistics show that more than 90 percent of people with developmental disabilities will experience sexual abuse at some point in their lives.  Only three percent of sexual abuse cases involving people with developmental disabilities are ever reported.

(3)  Crime victimization is a major problem among persons with severe mental illness (SMI).  In their report “Crime Victimization in Adults with Severe Mental Illness:  Comparison with the National Crime Victimization Survey,” researchers at Northwestern University’s Department of Psychiatry and Behavioral Sciences documented that:

(A)  More than 25 percent of persons with SMI had been victims of violent crimes within the past year, more than 11 times the rate for the general population even after controlling for demographic differences.

(B)  For the types of violent crimes analyzed (various degrees of rape/sexual assault, robbery, and assault), the rates of occurrence for persons with SMI ranged from six to 23 times greater than the rates among the general population.

(4)  According to a 2002 General Accounting Office report on nursing home resident abuse, there is increasing concern that nursing home residents are abused by the very people who are supposed to care for them.  In 1999, over 25 percent of nursing homes nationwide were cited by state survey agencies for conduct that harmed residents or put them at risk of death or serious injury.  Reports of sexual and physical abuse often are not made promptly, and existing state and federal safeguards do not adequately protect residents from potentially abusive nursing home employees.

(5)  Prevention services, training, and education are critical components in reducing abuse, neglect, and exploitation of vulnerable adults.  The more frequently and efficiently that education, prevention, and training services and other early interventions are employed, the greater likelihood that fewer vulnerable adults will be subject to abuse.  For example, reports to adult protective services increased by 18 percent during and immediately following a six-month 2004 public education campaign conducted by the Vermont Center for Crime Victim Services to educate vulnerable adults, the elderly, caregivers, and the general public about the issues of elder abuse, neglect, and exploitation in Vermont.  Such a significant and immediate increase underscores the clear need for more public education and training about the crimes committed against this vulnerable segment of our population.

(6)  While this act enhances the ability to prosecute persons under criminal law who abuse vulnerable adults, it is also the intent of the General Assembly to focus attention on the crucial role that prevention and training services can play to intervene at an early stage and ensure that vulnerable adults are not abused at all.

Sec. 2.  13 V.S.A. chapter 28 is added to read:

CHAPTER 28.  ABUSE, NEGLECT, AND

EXPLOITATION OF VULNERABLE ADULTS

§ 1375.  definitions

As used in this chapter:

(1)  “Bodily injury” means physical pain, illness, or any impairment of physical condition.

(2)  “Caregiver” means:

(A)  a person, agency, facility, or other organization with responsibility for providing subsistence, health, or other care to a vulnerable adult, who has assumed the responsibility voluntarily, by contract, or by an order of the court; or

(B)  a person providing care, including health care, custodial care, personal care, mental health services, rehabilitative services, or any other kind of care which is required because of another’s age or disability.

(3)  “Lewd and lascivious conduct” means any lewd or lascivious act upon or with the body, or any part or member thereof, of a vulnerable adult, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the person or the vulnerable adult.

(4)  “Neglect” means intentional or reckless failure or omission by a caregiver to:

(A)(i)  provide care or arrange for goods, services, or living conditions necessary to maintain the health or safety of a vulnerable adult, including, but not limited to, 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 advanced directive as defined in chapter 111 of Title 18; or

(ii)  make a reasonable effort, in accordance with the authority granted the caregiver, to protect a vulnerable adult from abuse, neglect or exploitation by others.

(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) or (ii) of this subdivision (4).

(5)  “Serious bodily injury” means bodily injury which creates a substantial risk of death or which causes substantial loss or impairment of the function of any bodily member or organ or substantial impairment of health or substantial disfigurement.

(6)  “Sexual act” means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person’s body or any object into the genital or anal opening of another.

(7)  “Sexual activity” means a sexual act, other than appropriate health care or personal hygiene, or lewd and lascivious conduct.

(8) “Vulnerable adult” means any person 18 years of age or older who:

(A)  is a resident of a facility required to be licensed under chapter 71 of Title 33;

(B)  is a resident of a psychiatric hospital or a psychiatric unit of a hospital;

(C)  has been receiving personal care and services from an agency certified by the Vermont department of aging and independent living 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, or a physical, mental, or developmental disability that results in some impairment of the individual’s ability to:

(i)  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)  protect himself or herself from abuse, neglect, or exploitation.

§ 1376.  Abuse

(a)  A caregiver who engages in conduct with an intent or reckless disregard that the conduct is likely to cause unnecessary harm, unnecessary pain, or unnecessary suffering to a vulnerable adult shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(b)  A caregiver who commits an assault, as defined in section 1023 of this title, with actual or constructive knowledge that the victim is a vulnerable adult, shall be imprisoned for not more than two years or fined not more than $2,000.00, or both.

(c)  A caregiver who commits an aggravated assault as defined in subdivision 1024(a)(1) or (2) of this title with actual or constructive knowledge that the victim is a vulnerable adult shall be imprisoned not more than 20 years or fined not more than $10,000.00, or both. 

§ 1377.  ABUSE BY UNLAWFUL RESTRAINT AND UNLAWFUL

               CONFINEMENT

(a)  Except as provided in subsection (b) of this section, no person shall knowingly or recklessly:

(1)  cause or threaten to cause unnecessary or unlawful confinement or unnecessary or unlawful restraint of a vulnerable adult; or

(2)  administer or threaten to administer a drug, a substance, or electroconvulsive therapy to a vulnerable adult.

(b)  This section shall not apply if the confinement, restraint, administration, or threat is:

(1)  part of a legitimate and lawful medical or therapeutic treatment; or

(2)  lawful and reasonably necessary to protect the safety of the vulnerable adult or others, provided that less intrusive alternatives have been attempted if doing so would be reasonable under the circumstances.

(c)  A person who violates this section shall:

(1)  be imprisoned not more than two years or fined not more than $10,000.00, or both.

(2)  if the violation causes bodily injury, be imprisoned not more than three years or fined not more than $10,000.00, or both.

(3)  if the violation causes serious bodily injury, be imprisoned not more than 15 years or fined not more than $10,000.00, or both.

§ 1378.  NEGLECT

(a)  A caregiver who intentionally or recklessly neglects a vulnerable adult shall be imprisoned not more than 18 months or fined not more than $10,000.00, or both.

(b)  A caregiver who violates subsection (a) of this section, and as a result of such neglect, serious bodily injury occurs to the vulnerable adult, shall be imprisoned not more than 15 years or fined not more than $10,000.00, or both.

§ 1379.  SEXUAL ABUSE

(a)  A person who volunteers for or is paid by a caregiving facility or program shall not engage in any sexual activity with a vulnerable adult.  It shall be an affirmative defense to a prosecution under this subsection that the sexual activity was consensual between the vulnerable adult and a caregiver who was hired, supervised, and directed by the vulnerable adult.  A person who violates this subsection shall be imprisoned for not more than two years or fined not more than $10,000.00, or both.

(b)  No person, whether or not the person has actual knowledge of the victim’s vulnerable status, shall engage in sexual activity with a vulnerable adult if:

(1)  the vulnerable adult does not consent to the sexual activity; or

(2)  the person knows or should know that the vulnerable adult is incapable of resisting, declining, or consenting to the sexual activity due to his or her specific vulnerability or due to fear of retribution or hardship.

(c)  A person who violates subsection (b) of this section shall be:

(1)  imprisoned for not more than five years or fined not more than $10,000.00, or both, if the sexual activity involves lewd and lascivious conduct;

(2)  imprisoned for not more than 20 years or fined not more than $10,000.00, or both, if the sexual activity involves a sexual act.

(d)  A caregiver who violates subsection (b) of this section shall be:

(1)  imprisoned for not more than seven years or fined not more than $10,000.00, or both, if the sexual activity involves lewd and lascivious conduct.

(2)  imprisoned for not more than 25 years or fined not more than $10,000.00, or both, if the sexual activity involves a sexual act.

§ 1380.  Financial exploitation

(a)  No person shall willfully use, withhold, transfer, or dispose of funds or property of a vulnerable adult, without or in excess of legal authority, for wrongful profit or advantage.  No person shall willfully 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.

(b)  A person who violates subsection (a) of this section, and exploits money, funds, or property of no more than $500.00 in value, shall be imprisoned not more than 18 months or fined not more than $10,000.00, or both.

(c)  A person who violates subsection (a) of this section, and exploits money, funds, or property in excess of $500.00 in value, shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.

§ 1381.  Exploitation of services

Any person who willfully forces or compels a vulnerable adult against his or her will to perform services for the profit or advantage of another shall be imprisoned not more than two years or fined not more than $10,000.00, or both.

§ 1382.  DEFERRED SENTENCE

Notwithstanding the limitation of subsection 7041(a) of this title, a court may, on the motion of a party or on its own motion, with or without the consent of the state’s attorney, defer sentencing for a misdemeanor violation of this chapter and place the defendant on probation upon such terms and conditions as it may require.

§ 1383.  ADULT ABUSE REGISTRY

A person who is convicted of a crime under this chapter shall be placed on the adult abuse registry.  A deferred sentence is considered a conviction for purposes of the adult abuse registry.

Sec. 3.  13 V.S.A. § 5301(7) is amended to read:

§ 5301.  Definitions

As used in this chapter:

* * *

(7)  For the purpose of this chapter, “listed crime” means any of the following offenses:

* * *

(Z)  burglary into an occupied dwelling as defined in section subsection 1201(c) of this title; and

(AA)  the attempt to commit any of the offenses listed in this section; and

(BB)  abuse (section 1376 of this title), abuse by restraint (section 1377 of this title), neglect (section 1378 of this title), sexual abuse (section 1379 of this title), financial exploitation (section 1380 of this title), and exploitation of services (section 1381 of this title).


Sec. 4.  33 V.S.A. § 6913 is amended to read:

§ 6913.  PENALTIES; DEFERRED SENTENCING; CRIMINAL SEXUAL

               ACTIVITY BY CAREGIVER; ABUSE; NEGLECT;

               EXPLOITATION; MANDATORY REPORTER’S FAILURE TO

               REPORT

(a)  Any person who engages in abuse, as defined in subdivision 6902(1)(B) or (C) of this title shall be fined not more than $10,000.00 or be imprisoned not more than 18 months, or both.

(b)  Any person who willfully engages in exploitation as defined in subdivision 6902(6)(A), (B) or (C) of this title, shall be fined not more than $10,000.00 or be imprisoned for not more than 18 months, or both.

(c)  Any caregiver who purposely, knowingly or recklessly neglects a vulnerable adult as defined in subdivision 6902(7) of this title shall be fined not more than $10,000.00 or be imprisoned for not more than 18 months, or both.

(d)  Any caregiver who engages in abuse of a vulnerable adult in violation of subdivision 6902(1)(D) of this title shall be fined not more than $10,000.00 or be imprisoned not more than two years, or both.

(e)  Any mandatory reporter as defined in subdivision 6903(a)(1), (2), (3), (4) and (5) of this title that willfully violates subsection 6903(a) of this title shall be fined not more than $500.00 or be imprisoned for not more than one year, or both.

(f)  Notwithstanding the limitation of 13 V.S.A. § 7041(a), a court may, on the motion of a party or on its own motion, with or without the consent of the state’s attorney, defer sentencing and place the defendant on probation upon such terms and conditions as it may require.

(g)  Whenever the commissioner finds, after notice and hearing, that a person has committed sexual abuse as defined in subdivision 6902(1)(D) of this title, sexual exploitation as defined in subdivision 6902(6)(D), exploitation as defined in subdivision 6902(6)(A) or (B) in an amount in excess of $500.00, abuse which causes grievous injury to or the death of a vulnerable adult, or neglect which causes grievous injury to or the death of a vulnerable adult, the commissioner may impose an administrative penalty of not more than $10,000.00 for each violation, except as provided in subsection (h) of this section.  The commissioner 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.

(h)(b)  Whenever the commissioner finds, after notice and hearing, that a mandatory reporter, as defined in subdivisions 6903(a)(1), (2), (3), (4), and (5) of this title, has willfully violated the provisions of subsection 6903(a), the commissioner may impose an administrative penalty not to exceed $500.00 per violation.  For purposes of this subsection, every 24 hours that a report is not made beyond the period for reporting required by subsection 6903(a) shall constitute a new and separate violation, and a mandatory reporter shall be liable for an administrative penalty of not more than $500.00 for each 24-hour period, not to exceed a maximum penalty of $5,000.00 per reportable incident.

(i)(c)  A person who is aggrieved by a decision under subsection (g)(a) or (h)(b) of this section may appeal that decision to the superior court where either party may request trial by jury.

Sec. 5.  13 V.S.A. § 5401(10) is amended to read:

(10)  “Sex offender” means:

(A)  A person who is convicted in any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court of any of the following offenses:

* * *

(iv)  sexual activity by a caregiver as defined in 33 V.S.A. § 6913(d) abuse of a vulnerable adult as defined in section 1379 of this title;

* * *

Sec. 6.  33 V.S.A. § 6906(a) is amended to read:

§ 6906.  INVESTIGATION

(a)(1)  The commissioner shall cause an investigation to commence within 48 hours after receipt of a report made pursuant to section 6904 of this title.

(2)  The commissioner shall keep the reporter and the alleged victim informed during all stages of the investigation, and shall:

(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.  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.


Sec. 7.  33 V.S.A. § 6912 is amended to read:

§ 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 elderly or, disabled, or vulnerable adults 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 chapter 28 of Title 13.  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.

(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 which 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 which includes all information contained on the poster to each vulnerable adult for whom services are provided.    

Sec. 8.  13 V.S.A. § 1024 is amended to read:

§ 1024.  AGGRAVATED ASSAULT

(a)  A person is guilty of aggravated assault if he the person:

(1)  attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or

(2)  attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon; or

(3)  for a purpose other than lawful medical or therapeutic treatment, he the person intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him the other person, without his the other person’s consent, a drug, substance, or preparation capable of producing the intended harm; or

(4)  with intent to prevent a law enforcement officer from performing a lawful duty, he the person causes physical injury to any person; or

(5)  is armed with a deadly weapon and threatens to use the deadly weapon on another person.

(b)  A person found guilty of violating a provision of subsection subdivision (a)(1) or (2) of this section shall be imprisoned for not more than 15 years or fined not more than $10,000.00, or both.

(c)  A person found guilty of violating a provision of subsection subdivision (a)(3) or, (4), or (5) of this section shall be imprisoned for not more than five years or fined not more than $5,000.00, or both.

(d)  Subdivision (a)(5) of this section shall not apply if the person threatened to use the deadly weapon:

(1)  in the just and necessary defense of his or her own life or the life of his or her husband, wife, civil union partner, parent, child, brother, sister, guardian, or ward;

(2)  in the suppression of a person attempting to commit murder, sexual assault, aggravated sexual assault, burglary, or robbery; or

(3)  in the case of a civil or military officer lawfully called out to suppress a riot or rebellion, prevent or suppress an invasion, or assist in serving legal process, in suppressing opposition against him or her in the just and necessary discharge of his or her duty.

Sec. 9.  13 V.S.A. § 5405 is amended to read:

§ 5405.  COURT DETERMINATION OF SEXUALLY VIOLENT

               PREDATORS

(a)  The general assembly finds that some sexual offenders should be subject to increased sex offender registry and community notification procedures.  It is the intent of the general assembly that state’s attorneys utilize the provisions in this section to petition the court to designate those offenders who pose a greater risk to the public as sexually violent predators to ensure that those offenders will be required to register as sex offenders for life, and that they will be among those offenders who are included on the state’s internet sex offender registry. 

(b)  Within ten 15 days after the conviction of a sex offender, the state may file a written request petition with the court requesting that the person be designated as a sexually violent predator.

(b)(c)  The determination of whether a person is a sexually violent predator shall be made by the court at the time of sentencing after reviewing the recommendations of at least two experts in the behavior and treatment of sexual offenders

(d)  The court shall order a presentence investigation which shall include a psychosexual evaluation of the offender.  

(c)(e)  In making a determination of whether the person is a sexually violent predator, the court shall examine the following:

(1)  the person’s criminal history;

(2)  any testimony presented at trial, including expert testimony as to the person’s mental state;

(3)  the person’s history of treatment for a personality disorder or mental abnormality connected with his or her criminal sexual behavior;

(4)  any mitigating evidence, including treatment history or, evidence of modified behavior, or expert testimony, which the convicted sex offender wishes to provide to the court prior to the determination; and

(5)  any other relevant evidence.

(d)(f)  The standard of proof when the court makes such a determination shall be clear and convincing evidence that the convicted sex offender suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.

(g)  The court shall determine whether the offender was eligible to be charged as a habitual offender as provided in section 11 of this title or a violent career criminal as provided in section 11a of this title and shall make findings as to such.

(e)(h)  After making a determination its determinations, the court shall issue a written decision explaining the reasons for its determination determinations and provide a copy of the decision to the department within 10 days.

(i)  A person who is determined to be a sexually violent predator shall be subject to sex offender lifetime registration and community notification and inclusion on the internet sex offender registry as provided in this subchapter.

Sec. 10.  13 V.S.A. § 2602 is amended to read:

§ 2602.  LEWD OR LASCIVIOUS CONDUCT WITH CHILD

(a)  A person who No person shall wilfully and lewdly commit any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of sixteen 16 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of such person or of such child, shall be imprisoned for the first offense, not less than one year nor more than five years, or fined not more than $3,000.00, or both; for the second offense, not less than two years and not more than ten years, or fined not more than $5,000.00, or both; and for the third or subsequent offense, not less than three years and not more than 20 years, or fined not more than $10,000.00, or both.

(b)  A person who violates subsection (a) of this section shall be:

(1)  For a first offense, imprisoned not less than one year and not more than 15 years or fined not more than $5,000.00, or both.

(2)  For a second offense, imprisoned not less than two years and not more than 30 years or fined not more than $10,000.00, or both.

(3)  For a third offense, imprisoned not less than three years and up to and including life or fined not more than $25,000.00, or both.

Sec. 11.  13 V.S.A. § 2825(e) is amended to read:

(e)  A person who violates section 2828 of this title (use of electronic communication to lure a child) shall:

(1)  For a first offense, be imprisoned not more than five 15 years or fined not more than $10,000.00, or both; or

(2)  For a second or subsequent offense, be imprisoned not more than 30 years and fined not more than $20,000.00, or both.

Sec. 12.  13 V.S.A. § 3253 is amended to read:

§ 3253.  AGGRAVATED SEXUAL ASSAULT

* * *

(b)  A person who commits the crime of aggravated sexual assault shall be punishable by a maximum sentence of life imprisonment imprisoned up to and including life or a fine of fined not more than $50,000.00, or both.  No person who receives a minimum sentence under this section shall be eligible for early release or furlough until the expiration of the minimum sentence imposed.

Sec. 13.  APPROPRIATION – FUNDING FOR EVALUATIONS

The amount of $50,000.00 is appropriated from the general fund in fiscal year 2005 to the department of corrections for the purpose of funding psychosexual evaluations as a part of presentence investigations conducted by the department in cases involving a petition to have a person designated as a sexually violent predator as provided in 13 V.S.A. § 5405 or in sentencing for the crimes of lewd and lascivious conduct with a child as defined in 13 V.S.A. § 2602, aggravated sexual assault as defined in 13 V.S.A. § 3253, and second offense use of electronic communication to lure a child as defined in 13 V.S.A. § 2828.  This appropriation shall be used only for the purposes defined in this section, and any unexpended balance of this appropriation shall carry forward and not be reverted to the general fund.  The department of corrections shall include in its annual budget proposal for fiscal year 2007 and thereafter an allocation to fund these evaluations.  The annual allocation shall be estimated based on the need for such evaluations experienced in the current and previous two fiscal years.

Sec. 14.  REPORT

(a)  On or before January 15, 2006 and on or before January 15 of each year thereafter, the secretary of the agency of human services shall submit a report to the following committees:  the house and senate committees on judiciary, the house committee on human services, and the senate committee on health and welfare.  The report shall include:

(1)(A)  The number of reports of abuse, exploitation, and neglect:

(i)  received by adult protective services (APS) within the department of aging and independent living during the preceding year, and the total number of persons who filed reports.

(ii)  investigated by APS during the preceding year.

(iii)  substantiated by APS during the preceding year.

(iv)  referred to other agencies for investigation by APS during the preceding year, including identification of each agency and the number of referrals it received.

(v)  referred for protective services by APS during the preceding year, including a summary of the services provided.

(B)  For each type of report required from APS by subdivision (1)(A) of this section, a statistical breakdown of the number of reports according to the type of abuse and to the victim’s:

(i)  relationship to the reporter;

(ii)  relationship to the alleged perpetrator;

(iii)  age;

(iv)  disability or impairment; and

(v)  place of residency.

(2)  A complete description of the types of services offered by APS in response to reports of abuse, exploitation, and neglect, including identification of the funding sources for each service, past trends, and future projections for funding, and whether the current and anticipated funding is adequate to meet the service needs.

(3)  A complete description of the notification which APS provides to persons who make reports of abuse, exploitation, and neglect, and the notifications provided to the persons when APS determines to investigate or not to investigate a report, to conclude an investigation, to substantiate or not to substantiate a report, or to refer the report to another agency.

(b)  The report submitted on January 15, 2006 shall include:

(1)  A description of any costs incurred by the department of aging and independent living as a result of meeting the requirements of this act.

(2)  An update on coordination and communication between the department of aging and independent living and the department for children and families with respect to the adult abuse registry established under section 6911 of Title 33 and the child abuse registry established under section 4913 of Title 33.  The update shall include how information on the registries is shared between state personnel and private employers, and whether employers are required to make separate requests from each registry or whether one request automatically produces information from both registries.

(c)  On or before January 1, 2006, the attorney general shall report to the  house and senate committees on judiciary on whether any issues or difficulties have resulted from removing the requirement that the adult be receiving services “for more than one month” from the definition of “vulnerable adult” in subdivision 1375(8)(C) of Title 13.

Sec. 15.  EFFECTIVE DATE

Sec. 13 shall be effective upon passage. 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us