reglab/housing_qa huggingface dataset:
33 V.S.A. § 6907
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6907. Remedial action

§ 6907. Remedial action|(a) Coordinated treatment plan. If the investigation produces evidence that the vulnerable adult has been abused, neglected, or exploited, the Commissioner shall arrange for the provision of protective services in accordance with a written coordinated treatment plan.(b) Consent to services.  (1) Protective services shall be provided only with the consent of the vulnerable adult, his or her guardian, or through appropriate court action. If the vulnerable adult does not consent, protective services shall not be provided, unless provision of protective services is court-ordered. (2) In the event that the vulnerable adult's guardian is the person responsible for the abuse, neglect, or exploitation, and the guardian does not consent to the investigation or receipt of protective services, the Commissioner may petition for removal of the guardian. (Added 1985, No. 78, § 7; amended 2001, No. 135 (Adj. Sess.), § 6, eff. June 13, 2002.)
33 V.S.A. § 6908
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6908. Immunity from liability

§ 6908. Immunity from liability|Any person who in good faith makes a report under section 6904 of this title alleging abuse, neglect, or exploitation shall be immune from any liability, civil or criminal, for making the report. Nothing in this section grants civil or criminal immunity to any person suspected of having abused, neglected, or exploited a vulnerable adult. (Added 1985, No. 78, § 8; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002.)
33 V.S.A. § 6909
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6909. Retaliatory action by employer prohibited

§ 6909. Retaliatory action by employer prohibited|No employer or supervisor may discharge; demote; transfer; reduce pay, benefits, or work privileges; prepare a negative work performance evaluation; or take any other action detrimental to any employee who files a good faith report in accordance with the provisions of this chapter, by reason of the report. Any person making a report under this chapter shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of the reporting party by reason of his or her making a report. (Added 1985, No. 78, § 9; amended 2013, No. 131 (Adj. Sess.), § 86, eff. May 20, 2014.)
33 V.S.A. § 6910
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6910. Interference by caregiver

§ 6910. Interference by caregiver|If consent to receive protective services has been obtained in accordance with section 6907 of this title and the Commissioner has reasonable cause to believe that the caregiver is interfering with the provision of those services, the Commissioner may petition the Superior Court for an order enjoining the caregiver from interfering with the provision of services. The petition shall present facts to show that the vulnerable adult is in need of protective services, that he or she or his or her guardian consents to the receipt of protective services, and that the caregiver has interfered with the provision of services. If the Court, after hearing, finds that the vulnerable adult requires and consents to protective services, and has been prevented by his or her caregiver from receiving services, the Court may issue an order enjoining the caregiver from further interference. The Court may modify the terms of the coordinated treatment plan. (Added 1985, No. 78, § 10; amended 1993, No. 100, § 5; 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002.)
33 V.S.A. § 6912
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6912. Public education and disclosure of rights and duties; posting of notice

§ 6912. Public education and disclosure of rights and duties; posting of notice|(a) The Department, within available appropriations, shall conduct a publicity and education program to encourage the fullest degree of reporting of suspected abuse, neglect, or exploitation of vulnerable adults.(b) All agencies, facilities, or institutions providing care and services to adults who are elders, have a disability, or are vulnerable shall inform their employees of their right and duty to report suspected incidents of abuse, neglect, or exploitation and the protections afforded them by this chapter, and shall establish appropriate policies and procedures to facilitate such reporting.(c)(1) All agencies, facilities, or institutions providing care and services to vulnerable adults shall post in a prominent and accessible location a poster describing the protections afforded to vulnerable adults by this chapter and by 13 V.S.A. chapter 28. The poster shall include, at a minimum, the following:   (A) a statement that abuse, neglect, and exploitation of vulnerable adults is unlawful; (B) a statement that it is unlawful to retaliate against a person for filing a complaint of abuse, neglect, or exploitation or for cooperating in an investigation of abuse, neglect, or exploitation; (C) a description and examples of abuse, neglect, and exploitation; (D) a statement of the range of consequences for persons who commit abuse, neglect, or exploitation; (E) if the agency, facility, or institution has more than five employees, a description of the process for filing internal complaints about abuse, neglect, and exploitation, and the names, addresses, and telephone numbers of the person or persons to whom complaints should be made; and (F) the complaint process of the appropriate State and federal agencies and directions as to how to contact such agencies.  (2) Except as provided in subdivision (3) of this subsection, the poster required by this subsection shall be posted in a location where it would ordinarily be viewed by vulnerable adults. (3) An agency, facility, or institution that provides home-based services shall:  (A) display the poster required by this subsection in its principal place of business; and (B) provide a written notice that includes all information contained on the poster to each vulnerable adult for whom services are provided. (Added 1985, No. 78, § 12; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2005, No. 79, § 7; 2013, No. 96 (Adj. Sess.), § 217; 2021, No. 20, § 346.)
33 V.S.A. § 6913
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6913. Penalties; abuse; neglect; exploitation; mandatory reporter's failure to report

§ 6913. Penalties; abuse; neglect; exploitation; mandatory reporter's failure to report|(a) Whenever the Commissioner finds, after notice and hearing, that a person has committed sexual abuse as defined in subdivision 6902(1)(D) of this title, sexual exploitation as defined in subdivision 6902(6)(D), exploitation as defined in subdivision 6902(6)(A) or (B) in an amount in excess of $500.00, abuse which causes grievous injury to or the death of a vulnerable adult, or neglect which causes grievous injury to or the death of a vulnerable adult, the Commissioner may impose an administrative penalty of not more than $10,000.00 for each violation. The Commissioner 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) Whenever the Commissioner finds, after notice and hearing, that a mandatory reporter, as defined in subdivisions 6903(a)(1), (2), (3), (4), and (5) of this title, has willfully violated the provisions of subsection 6903(a), the Commissioner may impose an administrative penalty not to exceed $500.00 per violation. For purposes of this subsection, every 24 hours that a report is not made beyond the period for reporting required by subsection 6903(a) shall constitute a new and separate violation, and a mandatory reporter shall be liable for an administrative penalty of not more than $500.00 for each 24-hour period, not to exceed a maximum penalty of $5,000.00 per reportable incident.(c) A person who is aggrieved by a decision under subsection (a) or (b) 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.)
33 V.S.A. § 6914
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6914. Access to criminal records

§ 6914. Access to criminal records|(a) The Commissioner may obtain from the Vermont Crime Information Center the record of convictions of any person to the extent that the Commissioner has determined by rule that such information is necessary to protect vulnerable adults.(b) An employer may ask the Commissioner to obtain from the Vermont Crime Information Center the record of convictions of a person who is a current employee, volunteer, or contractor, or a person to whom the employer has given a conditional offer of a contract, volunteer position, or employment. The request shall be in writing and shall be accompanied by a release by the current or prospective contractor or employee. If the person has a record of convictions, the Commissioner shall inform the employer of the date and type of conviction.(c) A person or organization serving vulnerable adults by assisting with employer functions, offering, providing, or arranging for home sharing, personal care services, developmental services, or mental health services for vulnerable adults, may submit a request to the Commissioner concerning an individual who has applied to provide such services or an individual who is already so engaged. The request shall be in writing, and shall be accompanied by a release from the individual applying for or already providing such services. If the individual has a record of convictions, the Commissioner shall inform the person or organization submitting the request of the date and type of conviction.(d) The Commissioners of Disabilities, Aging, and Independent Living, of Health, and of Mental Health or their designees may, for purposes related to oversight and monitoring of persons who are served by or compensated with funds provided by the Departments of Disabilities, Aging, and Independent Living, of Health, and of Mental Health, ask the Vermont Crime Information Center for the record of convictions of a person who is a current employee, volunteer, or contractor, or a person to whom the employer has given a conditional offer of a contract, volunteer position, or employment. If the individual has a record of convictions, the Vermont Crime Information Center shall inform the appropriate Commissioner, or the Commissioner's designee, of the date and type of conviction.(e) Information released to an employer under this section shall not be released or disclosed by the employer to any person. Any person who violates this subsection shall be fined not more than $500.00.(f) Volunteers shall be considered employees for purposes of this section.(g) [Repealed.]  (Added 1993, No. 100, § 9; amended 1995, No. 51, § 2; 1995, No. 174 (Adj. Sess.), § 3; 2001, No. 135 (Adj. Sess.), § 9, eff. June 13, 2002; 2005, No. 174 (Adj. Sess.), § 133; 2013, No. 131 (Adj. Sess.), § 87, eff. May 20, 2014.)
33 V.S.A. § 6931
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6931. Definitions

§ 6931. Definitions|In addition to the definitions in section 6902 of this title, as used in this subchapter, "interested person" means a representative of the vulnerable adult; the Commissioner of Disabilities, Aging, and Independent Living; or the Commissioner's designee. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 10, eff. June 13, 2002; 2005, No. 174 (Adj. Sess.), § 134; 2021, No. 20, § 347.)
33 V.S.A. § 6932
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6932. Jurisdiction and venue

§ 6932. Jurisdiction and venue|(a) The Family Division of the Superior Court shall have jurisdiction over proceedings under this subchapter.(b) Emergency orders under section 6936 of this title may be issued by a judge of the Criminal, Civil, or Family Division of the Superior Court.(c) Proceedings under this subchapter may be commenced in the county in which the plaintiff resides. If the vulnerable adult has left the residence to avoid abuse or exploitation, the plaintiff shall have the option to bring an action in the county of the previous residence or the county of the new residence. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2009, No. 154 (Adj. Sess.), § 233.)
33 V.S.A. § 6933
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6933. Request for relief

§ 6933. Request for relief|(a) A vulnerable adult or an interested person on behalf of a vulnerable adult may seek relief from abuse, neglect, or exploitation by filing a petition requesting one or both of the following orders:  (1) that the defendant refrain from abusing, neglecting, or exploiting the vulnerable adult; (2) that the defendant immediately vacate the household.   (b) No filing fee shall be required. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 11, eff. June 13, 2002.)
33 V.S.A. § 6934
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6934. Notice

§ 6934. Notice|Except as provided in section 6936 of this title, the Court shall grant relief only after notice to the defendant and a hearing. If the petition is made by an interested person, notice shall be provided to the vulnerable adult and the Court shall determine whether the vulnerable adult is capable of expressing his or her wishes with respect to the petition and if so, whether the vulnerable adult wishes to pursue the petition. If the Court determines that the vulnerable adult is capable of expressing his or her opinion and does not wish to pursue the petition, the Court shall dismiss the petition. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002.)
33 V.S.A. § 6935
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6935. Findings and order

§ 6935. Findings and order|(a) If the Court finds that the defendant has abused, neglected, or exploited the vulnerable adult, the Court shall make such order as it deems necessary to protect the vulnerable adult. The plaintiff shall have the burden of proving abuse, neglect, or exploitation by a preponderance of the evidence. Relief shall be granted for a fixed period of time, at the expiration of which the Court may extend any order, upon motion of the plaintiff, for such additional time as it deems necessary to protect the vulnerable adult from abuse, neglect, or exploitation. The Court may modify its order at any subsequent time upon motion by either party and a showing of a substantial change in circumstances. If the motion for extension or modification of the order is made by an interested person, notice shall be provided to the vulnerable adult, and the Court shall determine whether the vulnerable adult is capable of expressing his or her wishes with respect to the motion and, if so, whether the vulnerable adult wishes to request an extension or modification. If the Court determines the vulnerable adult is capable of expressing his or her wishes and does not wish to pursue the motion, the Court shall dismiss the motion.(b) Every order under this subchapter shall contain the name of the Court, the names of the parties, the date of the petition, the date and time of the order, and shall be signed by the judge.(c) Form complaints and form orders shall be provided by the Court Administrator and shall be maintained by the clerks of the Courts.(d) Every order issued under this subchapter shall bear the following language: "VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH."  (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 12, eff. June 13, 2002.)
33 V.S.A. § 6936
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6936. Emergency relief; hearings

§ 6936. Emergency relief; hearings|(a) In accordance with the Rules for Family Proceedings, temporary orders under this subchapter may be issued ex parte, without notice to the defendant, upon motion and findings by the Court that the defendant has abused, neglected, or exploited the vulnerable adult and that serious and irreparable harm to the physical health or financial interests of the vulnerable adult will result without ex parte relief.(b) If the petition is made by an interested person, notice shall be provided to the vulnerable adult and the Court shall determine whether the vulnerable adult is capable of expressing his or her wishes with respect to the petition and if so, whether the vulnerable adult wishes to pursue the petition. If the Court determines that the vulnerable adult is capable of expressing his or her opinion and does not wish to pursue the petition, the Court shall dismiss the petition.(c) In addition to the information required under subsection 6935(b) of this title, every order issued under this section shall state upon its face a date, time, and place when the defendant may appear to petition the Court for modification or discharge of the order. When service of the temporary order cannot be made before the scheduled hearing, the Court shall continue the hearing and extend the terms of any temporary order upon request of the plaintiff for such additional time as it deems necessary to achieve service on the defendant. The defendant's opportunity to contest shall be scheduled as soon as reasonably possible, but in no event later than 10 days from the date of issuance of the order. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 13, eff. June 13, 2002.)
33 V.S.A. § 6937
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6937. Service

§ 6937. Service|(a) A petition or ex parte temporary order or final order issued under this subchapter shall be served by any sheriff or constable or any municipal or State Police officer in accordance with the Vermont Rules of Civil Procedure. A court that issues an order under this chapter during court hours shall promptly transmit the order electronically or by other means to a law enforcement agency for service.(b) A defendant who attends a hearing held under section 6935 of this title at which a temporary or final order under this chapter is issued and who receives notice from the Court on the record that the order has been issued shall be deemed to have been served. A defendant notified by the Court on the record shall be required to adhere immediately to the provisions of the order. However, even when the Court has previously notified the defendant of the order, the Court shall transmit the order for additional service by a law enforcement agency.(c) The person making service shall file a return of service with the Court stating the date, time, and place at which the order was delivered personally to the defendant. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2013, No. 17, § 5; 2013, No. 17, § 6, eff. Nov. 1, 2013.)
33 V.S.A. § 6938
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6938. Procedure

§ 6938. Procedure|(a) Except as otherwise provided in this subchapter, proceedings commenced under this subchapter shall be in accordance with the Rules for Family Proceedings and shall be in addition to any other available civil or criminal remedies.(b) If the petition is filed by an interested person, the Court may in its discretion appoint a guardian ad litem for the vulnerable adult.(c) The Court administrator shall establish procedures to ensure access to relief after regular court hours, or on weekends and holidays. The Court Administrator is authorized to contract with public or private agencies to assist persons to seek relief and to gain access to Superior Court judges. Law enforcement agencies shall assist in carrying out the intent of this section. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 17, eff. June 13, 2002; 2009, No. 154 (Adj. Sess.), § 234.)
33 V.S.A. § 6939
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6939. Filing orders with law enforcement personnel; Department of Public Safety Protection Order Database

§ 6939. Filing orders with law enforcement personnel; Department of Public Safety Protection Order Database|(a) Police departments, sheriff's departments, and State Police district offices shall establish procedures for filing orders issued under this subchapter and for making personnel aware of the existence and contents of such orders.(b) Any court in this State that issues an order under this subchapter shall transmit a copy of the order to the Department of Public Safety Protective Order Database. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2005, No. 193 (Adj. Sess.), § 8, eff. Oct. 1, 2006.)
33 V.S.A. § 6940
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6940. Enforcement

§ 6940. Enforcement|(a) Law enforcement officers are authorized to enforce orders issued under this subchapter.(b) Violation of an order issued under this subchapter may be prosecuted as a criminal contempt under Rule 42 of the Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the State's Attorney in the Family Division of the Superior Court in the county which issued the order. The maximum penalty which may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed in the discretion of the Court pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2009, No. 154 (Adj. Sess.), § 238.)
33 V.S.A. § 6941
2021 Vermont Statutes|Title 33 - Human Services|Chapter 69 - Reports of Abuse, Neglect, and Exploitation of Vulnerable Adults|§ 6941. Appeals

§ 6941. Appeals|An order of the Court issued under section 6935 of this title shall be treated as a final order for the purposes of appeal. Appeal may be taken by either party to the Supreme Court under the Vermont Rules of Appellate Procedure and the appeal shall be determined forthwith. (Added 1991, No. 180 (Adj. Sess.), § 2.)