Vermont Statutes Title 33 Sec. 6913
Terms Used In Vermont Statutes Title 33 Sec. 6913
- Abuse: means :
- Adult: means any individual who is 18 years of age or older. See
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Department: means the Department of Disabilities, Aging, and Independent Living. See
- Exploitation: means :
- Mandatory reporter: means an individual with an obligation to report allegations of maltreatment of vulnerable adults pursuant to 6903 of this title. See
- 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
- 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: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- Reporter: means the person who has submitted a report to Adult Protective Services. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Vulnerable adult: means any person 18 years of age or older who:
§ 6913. Penalties; abuse; neglect; exploitation; mandatory reporter‘s failure to report
(a) Whenever the Department finds, after notice and hearing, that a person has committed sexual abuse as defined in subdivision 6902(1)(D) of this title, exploitation as defined in subdivision 6902(13) of this title in an amount in excess of $500.00, abuse that causes grievous injury to or the death of a vulnerable adult, or neglect that causes grievous injury to or the death of a vulnerable adult, the Department may impose an administrative penalty of not more than $25,000.00 for each violation. The Department 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.
(b) The Department shall investigate allegations that a mandated reporter has failed to make a required report when it appears that an investigation is appropriate. Whenever the Department finds, after notice and hearing, that a mandatory reporter, as defined in subsection 6903(a) of this title, has willfully violated the provisions of subdivision 6903(a)(1), the Department may impose an administrative penalty not to exceed $1,000.00 per violation. For purposes of this subsection, every 24 hours that a report is not made beyond the period for reporting required by section 6903 shall constitute a new and separate violation, and a mandatory reporter shall be liable for an administrative penalty of not more than $1,000.00 for each 24-hour period, not to exceed a maximum penalty of $25,000.00 per reportable incident.
(c) 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.
(d) A person who is aggrieved by a decision under subsection (a), (b), or (c) of this section may appeal that decision to the Superior Court, where either party may request trial by jury. (Added 1985, No. 78, § 13; amended 1993, No. 100, § 8; 2001, No. 135 (Adj. Sess.), § 8, eff. June 13, 2002; 2005, No. 79, § 4; 2023, No. 81, § 1, eff. July 1, 2023.)