Title 33, Human Services

§ 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 …

§ 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 …

§ 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…

§ 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 …

§ 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…

§ 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 pe…

§ 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 criminal contempt under Rule 42 of the Vermont Rules of Criminal Procedure. The prosecution …

§ 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 f…

§ 6951. Definitions As used in this subchapter: (1) “Agent” shall have the same meaning as in 14 V.S.A. § 3501. (2) “Guardian” means a person appointed to serve as the guardian for a vulnerable adult pursuant to the process established in 14 V.S.A. chapter 111 or in 18 V.S.A. cha…

§ 6952. Civil action for relief from financial exploitation (a) Right of action. A vulnerable adult or his or her agent or guardian may bring an action in the Civil Division of the Superior Court pursuant to this section for relief against a natural person who, with reckless disr…

§ 6953. Other relief still available Nothing in this subchapter shall be construed to limit the availability of other causes of action or relief at law or equity to which a vulnerable adult may be entitled under other State or federal laws or at common law. (Added 2017, No. 23, §…

§ 6961. Vermont Vulnerable Adult Fatality Review Team established (a) Creation. There is created a Vermont Vulnerable Adult Fatality Review Team (Team) within the Office of the Attorney General for the following purposes: (1) to examine select cases of abuse- and neglect-related …

§ 6962. Powers and duties; reports (a) The Team shall develop and implement policies to ensure that it uses uniform procedures to review the deaths of vulnerable adults in Vermont. (b)(1) The Team may review the death of any person who meets the definition of a vulnerable adult i…

§ 6963. Confidentiality (a) The Team’s proceedings and records are confidential and exempt from public inspection and copying under the Public Records Act and shall not be released. Such information shall not be subject to subpoena or discovery or be admissible in any civil or cr…

§ 6964. Access to information and records (a) In any case subject to review by the Team, and upon written request by the Chair of the Team, any person who possesses information or records that are necessary and relevant to Team review shall as soon as practicable provide the Team…

§ 7101. Policy The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the construction, maintenance, operation, provision of receivership, and dissolution of long-term care facilities in which medical, nursing, or other care…

§ 7102. Definitions As used in this chapter: (1) “Assisted living residence” means a program that combines housing, health, and supportive services for the support of resident independence and aging in place. Within a homelike setting, assisted living units offer, at a minimum, a…

§ 7103. License (a) A person shall not operate a nursing home, assisted living residence, home for persons who are terminally ill, residential care home, or therapeutic community residence without first obtaining a license. (b) A person shall not operate a nursing home as defined…

§ 7104. Application An application for a license shall be made annually to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires. (Amended 1965, No. 68, § 3; 1975, No. 221 (Adj. Sess.), § 2; 1991, No. 253 (Ad…

§ 7105. License requirements (a) Upon receipt of an application for license, the licensing agency shall issue a full license when it has determined that the applicant and facilities meet the standards established by the licensing agency. Licenses issued under this chapter shall e…

§ 7106. Variance (a) The licensing agency may grant a variance from the provisions of this chapter or a rule adopted pursuant to this chapter. (b) Variances may be granted upon determination that: (1) strict compliance would impose a substantial hardship on the licensee; (2) the …

§ 7107. Unlicensed homes (a) The licensing agency shall adopt rules governing the identification of unlicensed residential care homes, nursing homes, assisted living residences, therapeutic community residences, and homes for persons who are terminally ill. (b) No physician, surg…

§ 7108. Inspection; technical assistance (a) The licensing agency shall inspect a facility prior to issuing a license under this chapter. (b) The licensing agency may inspect a facility any time an inspection is authorized under this chapter and any other time it considers an ins…

§ 7109. Investigation; complaint (a) The licensing agency may investigate whenever it has reason to believe a violation of this chapter or the rules adopted pursuant to this chapter has occurred. (b) A person who believes that a violation has occurred may file a complaint with th…

§ 7110. Violation; notice (a) If, as a result of an inspection or investigation, the licensing agency determines that a condition in the facility violates a rule or provision of this chapter, it shall prepare a written notice of violation, which shall state the following: (1) a d…

§ 7111. Enforcement; protection of residents (a) The licensing agency shall enforce the provisions of this chapter to protect residents of facilities. (b) The licensing agency may require a facility to take corrective action to eliminate a violation of a rule or provision of this…

§ 7112. Confidential information (a) Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this chapter, except information that pertains to unsubstantiated complaints or the identity of residents and complainants, shall …

§ 7114. Report The licensee shall file annually and on request such information, data, statistics, or schedules as the licensing agency may require. The agency shall have the power to examine the books and accounts of any facility operated by any licensee if it is the opinion of …

§ 7115. Exception Nothing in this chapter or the rules adopted pursuant to this chapter shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any home or institution conducted for those who rely upo…

§ 7116. Criminal penalty A person who knowingly violates the licensure, reporting of unlicensed facilities, or confidentiality requirements of this chapter or the provisions relating to placing, referring, or recommending placement of a person in an unlicensed facility shall be f…

§ 7117. Rules (a) In accordance with 3 V.S.A. chapter 25, the Secretary of Human Services may adopt reasonable rules to carry out the provisions of this chapter and may prescribe minimum standards of care, program administration, and sanitation for facilities licensed under this …

§ 7118. Appeals (a) A person aggrieved by a decision or action of the licensing agency may file a request for a fair hearing with the Human Services Board as provided in 3 V.S.A. § 3091. (b) A resident subject to transfer under subsection 7111(f) of this title may contest such tr…

§ 7151. Advanced practice registered nurse; scope of practice Except to the extent prohibited under federal law for purposes of federal financial participation, a nursing home shall permit a licensed advanced practice registered nurse providing services at the nursing home to per…

§ 7201. Policy The purpose of this subchapter is to provide for the receivership of a long-term care facility in order to ensure safe surroundings, adequate care, and humane treatment; to safeguard the health of, safety of, and continuity of care to residents; and to protect resi…

§ 7202. Application for receiver (a) The Commissioner of Disabilities, Aging, and Independent Living or the Attorney General may file a complaint in the Superior Court of the county in which the licensing agency or the facility is located, requesting the appointment of a receiver…

§ 7203. Appointment of temporary receiver (a) A motion to appoint a temporary receiver may be filed with the complaint or at any time prior to the hearing on the merits provided for in section 7204 of this chapter. The motion shall be accompanied by an affidavit alleging facts ne…

§ 7204. Appointment of receiver; notice (a)(1) Unless the complaint is dismissed as provided for in section 7202 of this chapter or parties agree to a later date, the court shall hold a hearing on the merits to appoint a receiver within 10 days of filing the complaint. The court …

§ 7205. Appointment of receiver; recommendations by licensing agency Not less than two days prior to the hearing on the merits, the Commissioner shall file with the court a list of recommended persons to consider for appointment as the receiver, which may include licensed nursing…

§ 7206. Appointment of receiver; hearing and order (a) After the hearing on the merits, the court may appoint a receiver from the list provided by the licensing agency if it finds that one or more of the grounds set forth in section 7202 of this chapter is satisfied, and that the…

§ 7207. Powers and duties of receiver (a) A receiver shall not take any actions or assume any responsibilities inconsistent with the purposes of this subchapter or the duties specifically provided for in this section. (b) Unless otherwise ordered by the court and subject to the l…

§ 7208. Limitations; corrections of conditions (a)(1) Except as provided in subsection (b) of this section, if the total cost of correcting conditions that constituted grounds for the receivership and violations of State rules and federal regulations governing the operation of th…

§ 7209. Limitations; payment of debts The receiver shall petition the court when debts incurred prior to appointment of the receiver appear extraordinary, of questionable validity, or unrelated to the normal and expected maintenance and operation of the facility, or where payment…

§ 7210. Limitations; authority to borrow (a) In the event that the receiver does not have sufficient funds to cover expenses needed to prevent or remove jeopardy to the residents or to pay the debts accruing to the facility, the receiver may petition the court for permission to b…

§ 7211. Limitations; closure of the facility (a) The receiver shall not close the facility without leave of the court. (b) The court shall consider the protection of residents and shall prevent the closure of facilities that, under proper management, are likely to be financially …

§ 7212. Writ of possession After notice and a hearing, the court may issue a writ of possession as provided for in 12 V.S.A. § 4854 on behalf of the receiver for specific real or personal property related or pertaining to the facility. (Added 2009, No. 36, § 2.)

§ 7213. Attachment; trustee process Revenues held by or owing to the receiver in connection with the operation of the facility are exempt from attachment as provided for in 12 V.S.A. chapter 123 and trustee process as provided for in 12 V.S.A. chapter 121, including process serve…