L e g a l  I s s u e s

 
Reporting Abuse in Vermont

In Vermont, health care practitioners are mandated to report child abuse and abuse of vulnerable or elder adults, but not adult intimate partner violence (see reporting laws below).

·        General Guidelines

·        Vermont Abuse Reporting Laws

o       Adult Intimate Partner Violence

o       Abuse of Elders and Vulnerable Adults

o       Child Abuse

·        Abuse of Children and Teens: What to Report, Where to Refer

·        Other Referral Numbers

General Guidelines

We know that batterers deprive their victims of control over their own lives. (Intimate Partner Violence) If you have to report abuse to the authorities, you are also doing something that bypasses the victim and takes things out of her or his control. This is your legal responsibility. However, try to mitigate the effects of this loss of control by partnering with the patient (or an abused child’s parent/caretaker) around reporting:

• Don’t report without the patient’s (or their parent’s) knowledge

Let the patient know that you will report, that you have to do this by law, to whom you are reporting and what they can expect to happen as a result of the report.

• Open dialogue

Allow the patient to respond to your words and hear possible concerns. Ask how you can make it least detrimental to the patient.

• Discuss self-reporting

Discuss the option of self-reporting. (You will have to report in any case, but patient could make self-report first or concurrently). Some people feel that this allows them more agency and dignity.

• Safety Planning

Always discuss safety concerns around reporting. How can the authorities (police, The Department of Children and Families, APS) contact the victim most safely. Does she or he need more safety planning to protect her/himself from possible repercussions of the report. (You can refer for more in-depth safety planning – see Interventions).

If the patient cannot participate in a dialogue or safety planning about reporting due to her/his condition (lost consciousness, dementia, severe developmental disability etc.), contact Adult Protective Services and consult with them.

Vermont Abuse Reporting Laws for health care providers:

For definitions and laws check Vermont Statutes (www.leg.state.vt.us/statutes)

I. Adult Intimate Partner Violence:

Reporting Requirement: No

Exceptions:             1. Vulnerable Adults (see II. below)

2. Gunshot injuries 13 VSA §4012 (chapter 85). If you treat any injury caused by discharge of firearm, you need to report to local police department or VT State Police. They will follow up with investigation.

VT State Police: (report gunshot injury or report crime)

Central Office , Criminal Division : 802-244-8781

Or call 911; or your local police department.

II. Abuse of Vulnerable Adults (Elders or People With Disabilities):

If you have a  patient who is physically, mentally or developmentally impaired in her/his ability to protect her/himself and this person is being abused by an intimate partner, by a family member or a caregiver, you are a mandated reporter, according to 33VSA.

Any adult who is in a residential care facility (nursing home, psychiatric ward) is automatically considered a vulnerable adult.

Reporting Requirement: Yes. 33 VSA §6902-6904(Chapter 69). Report within 48 hours.

Report to: Adult Protective Services (APS)

Contact: For questions or to obtain reporting form: 802-241-2345 (Mon-Fri 7:45 – 4:00); Reporting: 1-800-564-1612; Fax written report to: 802-241-2358; questions about whether a case meets criteria: 802-241-3924.

What to expect: APS Field Investigator may contact you with further questions. If they start an investigation, they may ask you or other health care professionals (e.g. Home Health Care) to coordinate setting up a confidential interview with the victim, if the victim cannot be safely contacted. Due to confidentiality rules, you may not hear about the investigation or any actions taken. The victim has the right to refuse giving information or accepting services. If the victim is interested in services, they will try to refer and coordinate, and can also help with protection orders etc. APS will refer to police if they believe a crime has occurred. APS refers any case involving a Medicaid clients to the Medicaid Fraud Unit. In contrast to APS, Medicaid can take the case to court, and can also follow case around the country.

III. Child Abuse

Reporting Requirement: Yes. 33 VSA §4912-14 (chapter 49). Report within 24 hours.

NOTE: DCF usually focuses on abuse of children or youth by caretakers. They do not usually take on dating violence cases unless the case includes sexual violence.

Report to: Department of Children and Families – DCF (formerly SRS).

Contact: 1-800-649-5285, www.dcf.state.vt.us. Or call your closest district office for making a verbal report. Ask for fax number and fax written report. Use the report form available at the district office, or write informally (include name of caretakers and names, ages, schools/daycare of kids. Also your name, title, and contact info with mailing address).

What to expect: If the case meets legal definitions, DCF will start investigation within 72 hours of report. You will be notified whether an investigation was started and, eventually, about the outcome. Investigators may call you for more information. DCF may contact VNA, Healthy Babies program, etc. to coordinate investigation and services. They may also involve schools/daycare. Call your local district office for more information on their practices.

Abuse of Children and Teens: What to Report, Where to Refer

Please also check Responding to Children and Youth

• The Department for Children and Families investigates any case of sexual violence against a minor, regardless of who the perpetrator is. However, if a minor is being physically or emotionally abused by a dating partner (rather than a parent or caretaker) this is usually beyond their purview.
• If you have a teenager who is the victim of physical or emotional dating violence, refer her or him to the local domestic and sexual violence program and any local resources that support teens.
• If you report sexual violence by a dating partner against a teen, also refer the teenager to the local sexual violence program and any local resources that support teens.

• If children witness adult intimate partner violence this in itself does not constitute child abuse, unless the child is severely harmed. Educate your adult patient about the effects of witnessing intimate partner violence on children and try to help the adult victim to regain safety together with the child(ren). (Interventions)

• You are a mandated reporter of child abuse. When you are reporting child abuse to protect the child in cases where both intimate partner violence against one of the parents and child abuse are present, consider how you can make this least harmful for the adult victim/survivor. Battered women are often very afraid of losing their children and have often been threatened with this possibility by the batterer.
  • Identify your concerns for the adult victim to the Dept of Children and Families intake worker. Strategize with them about safest way to investigate.
  • You can encourage the adult victim to make the report her(him)self first.
  • You could also refer her or him to the Domestic Violence Unit of the Department of Children and Families: 802-241-1206 or www.path.state.vt.us/cwyj/dvu – they can talk to them even anonymously and explore their options. The Domestic Violence specialists at the Department of Children and Families are very knowledgeable about the overlap of intimate partner violence and child abuse. You can also consult with them if you have further questions or want guidance as to your role in supporting the adult survivor while reporting the child abuse.

Other Referral Numbers:

Local Domestic and Sexual Violence Program: contact your local program(Contact List). Statewide hotlines 1-800-ABUSE-95 (domestic violence); 1-800-489-7273 (sexual assault). Coalition office: 802-223-1302

Barrier Free Justice: for people with disabilities who have been victims of a crime, serves Washington, Lamoille, Addison, Chittenden, Grand Isle and Franklin 1-877-213-2661. TTY line: (802) 651-9360.  email: dpinfo@pshift.com

VT Protection and Advocacy (for people with mental illness who are abused, exploited): 1-800-564-1612

Deaf Victim’s Advocacy Project (DVAS): 802-479-1934 or 1-800-303-3827,  kdarling@dvas.org

Senior Helpline: 1-800-642-5119

More Referral Resources: For Victims and Survivors

  Hosted by the Vermont Medical Society