Reporting suspected abuse, neglect, and exploitation of vulnerable adults

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§ 6903. Reporting suspected abuse, neglect, and exploitation of vulnerable adults

(a) Any of the following, other than a crisis worker acting pursuant to 12 V.S.A. § 1614 and the State Long-Term Care Ombudsman or a representative of the Office, as defined in section 7501 of this title, who knows of or has received information 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 shall report or cause a report to be made in accordance with the provisions of section 6904 of this title within 48 hours:

(1) all employees, contractors, and grantees of the Agency of Human Services who are involved in caregiving;

(2) a physician, osteopath, chiropractor, physician assistant, nurse, medical examiner, licensed nursing assistant, emergency medical services personnel, dentist, or psychologist;

(3) a school teacher, school librarian, school administrator, school guidance counselor, school aide, school bus driver, or school employee or school contractor who works regularly with students;

(4) a mental health professional, social worker, person or organization that offers, provides, or arranges for personal care for vulnerable adults; caregiver employed by a vulnerable adult; employee of or contractor involved in caregiving for a community mental health center; law enforcement officer; or individual who works regularly with vulnerable adults and who is an employee of an adult day care center, area agency on aging, senior center, or meal program designed primarily to serve vulnerable adults;

(5) a hospital, nursing home, residential care home, home health agency, or any entity providing nursing or nursing-related developmental disabilities; services for remuneration; intermediate care facility for adults with developmental disabilities; therapeutic community residence, group home, developmental home, school or contractor involved in caregiving; or an operator or employee of any of these facilities or agencies.

(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; or

(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. (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, 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.)


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