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Can you summarize 13 VTST Chapter 28?
Crimes and Criminal Procedure > ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS
Short Summary
These legal documents pertain to the abuse, neglect, and exploitation of vulnerable adults in Vermont. They establish the policy that no confidential employment separation agreement should inhibit the disclosure of factual information about a prospective employee’s background that would indicate conduct jeopardizing the safety of a vulnerable adult or minor. The Attorney General is granted the authority to bring civil actions for damages against individuals or caregivers who violate specific sections of the Vermont Statutes related to the abuse, neglect, and exploitation of vulnerable adults. The damages awarded depend on the severity of the harm caused. The defendant in a civil action has the right to a jury trial. Good faith reports of abuse, neglect, exploitation, or suspicion thereof are not sufficient evidence of reckless disregard. The documents also address the investigation of violations related to abuse, neglect, and exploitation. The Attorney General is authorized to examine records, demand responses under oath, take testimony, and administer oaths. Failure to comply with the investigation or intentionally obstructing it may result in civil fines. Non-compliance with a notice may lead to a petition for enforcement in court. The documents also establish the Adult Abuse Registry, where individuals convicted of crimes related to the abuse of vulnerable adults are placed. The documents define key terms such as ‘vulnerable adult,’ ‘caregiver,’ ’neglect,’ and ‘sexual activity.’ They prohibit sexual activity between caregivers and vulnerable adults, as well as sexual activity without consent when the vulnerable adult is incapable of resisting or consenting due to vulnerability or fear. Penalties for violations include imprisonment and fines. The documents also address confinement, restraint, administration of drugs, and forced labor of vulnerable adults. Exemptions are provided for lawful medical or therapeutic treatment and situations where confinement, restraint, administration, or threat is necessary to protect the safety of the vulnerable adult or others. The documents also cover the exploitation of funds or property of vulnerable adults, with penalties varying based on the value of the exploited assets. Additionally, the documents address conduct likely to cause harm or assault against vulnerable adults, with penalties increasing based on the severity of the harm caused. Overall, these documents aim to protect vulnerable adults from abuse, neglect, and exploitation.
Whom does it apply to?
Persons or caregivers who violate specific sections of the Vermont Statutes related to abuse, neglect, and exploitation of vulnerable adults
What does it govern?
Abuse, neglect, and exploitation of vulnerable adults
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Damages awarded should not exceed $5,000.00 if no bodily injury results, $10,000.00 if bodily injury results, $20,000.00 if serious bodily injury results, and $50,000.00 if death results. Civil fines of up to $5,000.00 for failure to comply with investigation or intentional obstruction.
Jurisdiction
Vermont