Vermont H. 582: An act relating to increased funding for the Connectivity Initiative

Bill Text

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No. 100. An act relating to adult protective services.
(H.582)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 33 V.S.A. § 6902 is amended to read:
§ 6902. DEFINITIONS
As used in this chapter:
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(21)(A) “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:
(i) 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 the vulnerable adult’s
representative, or an advance directive, as defined in 18 V.S.A. § 9701;
(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;
(iii) carry out a plan of care for a vulnerable adult unless the
caregiver is acting pursuant to the wishes of the vulnerable adult or the
vulnerable adult’s representative, or an advance directive, as defined in 18
V.S.A. § 9701; or

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(iv) 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 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 “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.
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(26) “Report” means the statements provided to Adult Protective
Services 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.

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(28) “Representative” means a court-appointed guardian, an agent acting
under an advance directive executed pursuant to 18 V.S.A. chapter 231, or an
agent under a power of attorney, unless otherwise specified in the terms of the
power of attorney.
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(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.
Sec. 2. 33 V.S.A. § 6904 is amended to read:
§ 6904. NATURE AND CONTENT OF REPORT; TO WHOM MADE
(a) 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

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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 licens