§ 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 […]
§ 1376. Abuse (a) A person 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 person who commits […]
§ 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, […]
§ 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, […]
§ 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 […]
§ 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 […]
§ 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. (Added 2005, No. 79, § 2.)
§ 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 […]
§ 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. (Added 2005, No. 79, § 2.)
§ 1384. Civil action; recovery by Attorney General (a) The Attorney General may bring an action for damages on behalf of the State against a person or caregiver who, with reckless disregard or with knowledge, violates section 1376 (abuse of a vulnerable adult), 1377 (abuse by unlawful restraint or confinement), 1378 (neglect of a vulnerable […]
§ 1385. Civil investigation (a)(1) If the Attorney General has reason to believe a person or caregiver has violated section 1376, 1377, 1378, 1380, or 1381 of this title or an administrative rule adopted pursuant to those sections, he or she may: (A) examine or cause to be examined any books, records, papers, memoranda, and […]
§ 1386. Employment agreements In accordance with 21 V.S.A. § 306, it is the policy of the State of Vermont that no confidential employment separation agreement shall inhibit the disclosure to prospective employers and responsible licensing entities of factual information about a prospective employee’s background that would lead a reasonable person to conclude that the […]
