VERMONT

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WHO:        ANY concerned person MAY report or cause a report to be made if s/he has reasonable cause to believe a child was abused or neglected.  [Stat. Ann. tit. 33, § 4913(e)]

These are mandatory (MUST report): • Health-care providers, including physicians, surgeons, osteopaths, chiropractors, physician assistants, resident physicians, interns, hospital administrators, registered nurses, licensed practical nurses, medical examiners, emergency medical personnel, dentists, psychologists, and pharmacists • Individuals who are employed or contracted and paid to provide student services by a school district or an approved or recognized independent school, including school superintendents, headmasters of approved or recognized independent schools, school teachers, student teachers, school librarians, school principals, and school guidance counselors • Child care workers • Mental health professionals • Social workers • Probation officers • Employees, contractors, and grantees of the Agency of Human Services who have contact with clients • Police officers • Camp owners • Camp administrators • Camp counselors • Members of the clergy. Note that “camp” includes any residential or nonresidential recreational program.  [Stat. Ann. tit. 33, § 4913(a),(b)]

·       NOTE: The mandate does not limit the observations to those made in the course of work; it concerns observations made at any time.

·       STANDARD:  [Stat. Ann. tit. 33, §§ 4912(3), 4913(c),(e); 1, § 173]  Child and minor mean under age 18.

(1)   For mandated reporters: reasonably suspects abuse or neglect of a child.

(2)   For any reporter: reasonable cause to believe that any child has been abused or neglected.

·       PRIVILEGE:  only clergy-penitent privilege exempts reporting, meaning: (a) the communication is to a clergy member as spiritual advisor; (b) the parties intend confidentiality; (c) the communicant intends it as an act of contrition or conscience; and (d) religion requires it to be confidential. If clergy learn the same info about abuse or neglect another way, they must report it.  [Stat. Ann. tit. 33, § 4913(i),(j),(k)]

WHEN:      For mandated reports: within 24 HOURS of when information on suspected abuse or neglect was first received or observed (there is no separate deadline if both oral and written reports are made.  [Stat. Ann. tit. 33, § 4913(c)] 

WHERE & HOW:  Oral or written reports to Department for Children and Families (DCF) in the Agency of Human Services (under Department of Social & Rehabilitation Services, Family Services Division). If the report is oral and NOT anonymous, a written report must follow.  [Stat. Ann. tit. 33, § 4914]

Note #1: If the report is on child abuse or neglect by DCF or its employees, the report is submitted to the Secretary of Human Services instead of DCF.  [Stat. Ann. tit. 33, § 4914]

Note #2: For reports on the hotline, mandated reporters must follow up with a written report on a form, to be faxed in. Or they can simply fax in the form instead of calling.

Note #3: Mandatory reporters cannot delegate the report, they must report personally.

Note #4: Where multiple people in an organization need to report the same facts, they are encouraged to do it as a group, orally or in writing, led by the most knowledgeable person. 

Also: The police do not take the reports. Report to DCF as shown here.

CONTACT INFORMATION

·       For a child in immediate danger:              dial 911 or local police first; then call to report

o   Police: see directory                           https://www.usacops.com/vt/

·       DCF 24/7 Hotline:                                     1-800-649-5285 

o   Accommodates Bosnian, Burmese, French, Nepali, Somali, Spanish, & Swahili.

·       DCF Fax for written reports:                     802-241-3301

o   Use form FS-305, downloadable at the site below:

https://dcf.vermont.gov/fsd/report/mandated#:~:text=Your%20Legal%20Obligation,%2C%20the%20suspected%20abuse%2Fneglect

The form is a fillable PDF. Print it and complete it by hand, OR save it to a computer and fill it out there (try another browser if the first does not support fillable forms).

·       Secretary of Human Services:                  802-241-0440

o   Address: Secretary of Human Services, Agency of Human Services (AHS), 280 State Drive, Waterbury, VT  05671-1080

OTHER ASPECTS

·       REPORT DETAILS: The report MUST contain: (a) the reporter’s name and address or other contact info; (b) names and addresses of the child and parents or other persons responsible for him/her, if known; (c) child’s age; (d) nature and extent of the child's injuries, including any evidence of previous abuse and neglect of the child or his/her siblings; and (e) any other info that might help establish the cause of injuries or reasons for neglect as well as in protecting the child and assisting the family.  [Ann. Stat. tit. 33, § 4914]  DCF advises reporters to have as much info on hand as possible before calling, e.g., the child’s school or child care provider, etc.; and reporting is exempt from the HIPAA medical privacy rule  [https://dcf.vermont.gov/fsd/report/mandated#:~:text=Your%20Legal%20Obligation,%2C%20the%20suspected%20abuse%2Fneglect.]  . 

·       REPORTER PROTECTION: (1) Reports MUST contain the reporter’s name and address or other contact information, however the statute anticipated that some oral reports will be anonymous.  [Stat. Ann. tit. 33, § 4914]  (2) The reporter’s name and identifying information is confidential unless: (a) the reporter specifically allows disclosure; (b) the report results in a proceeding; (c) the report is found to be not in good faith; or (d) upon request DCF determines that disclosing identifying information will not compromise the reporter’s safety or that of persons mentioned in the report.  [Stat. Ann. tit. 33, § 4913(g)]  (3) Any reporter in good faith except for a child abuse suspect is immune from civil and criminal liability.  [Stat. Ann. tit. 33, § 4913(f)(1)]

WHY:        (1) Failure to make a mandated report is punishable by < $500 fine. (2) Doing that with intent to conceal abuse or neglect is punishable by < 6 months imprisonment and/or < $1,000 fine. (3) An employer or supervisor who penalizes a good-faith reporter is civilly liable to him/her for compensatory and punitive damages.   [Stat. Ann. tit. 33, §§ 4913(f)(2); (h)]

WHAT:      In Vermont child abuse or neglect are aggregated and include nonaccidental physical injury, emotional maltreatment, sexual abuse, behavior resulting in a child’s death, methamphetamine exposure, risk of injury, neglect by substance-induced incapacitation, child access to substances of abuse, or sex offender access to the child.  [Stat. Ann. tit. 33, § 4912]   

Initial Decision Criteria: (a) whether a report constitutes an allegation of child abuse or neglect [by the legal definition]; (b) whether the allegation occurred in Vermont or if it was out-of-state whether the child was a Vermont resident or is in Vermont; and (c) whether there is substantial child endangerment as determined by: (i) nature of the conduct; (ii) extent of injury; (iii) the accused person’s history of child abuse and neglect, or lack of it; and (iv) the accused person’s willingness to take responsibility and participate in remediation. Key factors are: sexual abuse by any adult; or where a person responsible for a child’s welfare is involved in abandonment, child fatality, malicious punishment, or abuse or neglect causing serious physical injury.  [Stat. Ann. tit. 33, § 4915(a),(c),(d)]   

Reportable: (a) a parent or other person responsible for a child’s welfare, for nonaccidental physical injury, emotional maltreatment, sexual abuse, behavior resulting in child’s death; methamphetamine exposure, risk of injury, substance-induced incapacity, child access to substances of abuse, or sex offender access to the child; or (b) anyone for sexual abuse, or for behavior resulting in child’s death.  [Stat. Ann. tit. 33, § 4912]

·        Person responsible for a child's welfare includes the (a) parent; (b) guardian; (c) foster parent; (d) any other adult household member who has a parental role; (e) an employee of a public or private residential home, institution, or agency; or (f) any other person responsible for the child's welfare while in a residential, educational, or child care setting, including any staff person.  [Stat. Ann. tit. 33, § 4912(10)]

Child Abuse or Neglect: 

(A)     General definition:  [Stat. Ann. tit. 33, § 4912(1)]

                                 (1)     A PARENT OR OTHER PERSON RESPONSIBLE for the child's welfare (a) commits acts or omissions that (b) harm or substantially risk harm to (c) the child’s physical health, psychological growth and development, or welfare; the harm may include death; or

                                 (2)      ANY PERSON (a) sexually abuses or substantially risks sexual abuse to a child or (b) abuses or neglects a child, who dies as a result.   

(B)     Definition of harm: harm can occur by (a) physical injury or emotional maltreatment; (b) failure to supply the child with adequate food, clothing, shelter, or health care; or (c) abandonment of the child.  [Stat. Ann. tit. 33, § 4912(6)]

                                 (1)      NOTE: adequate health care includes any medical or nonmedical remedial health care permitted or authorized under State law.

                                 (2)      CAVEAT: it is NOT neglect if a person responsible for a child's care does not provide medical treatment due to legitimately practicing religious beliefs. 

                                 (3)      ABANDONMENT by a parent, guardian, or custodian is any of: (a) unwilling to have physical custody; (b) unable, unwilling, or failed to make appropriate arrangements for care; (c) unable to have physical custody and did not or cannot arrange for safe, appropriate care; or (d) left the child with a care provider who is unwilling or unable, and the whereabout of the parent, etc. are unknown, and reasonable efforts fail to find him/her.  [Stat. Ann. tit. 33, § 5102(3)(a)]

(C)    Definition of risk of harm means a significant danger that a child will suffer nonaccidental serious harm, which would be likely to cause physical injury, or sexual abuse, including as the result of any of:  [Stat. Ann. tit. 33, § 4912(14)]

                                 (1)     ACT: A single, egregious act significantly risks serious physical injury to him/her;

                                 (2)     DRUG LAB: (Pre)production of methamphetamines when a child is present;

                                 (3)     INJURY RISK: Failing to provide supervision or care appropriate for the child's age or development, so the child is at significant risk of serious physical injury;

                                 (4)     INCAPACITY: Failing to provide supervision or care appropriate for the child's age or development due to illegal substance use or misusing Rx drugs or alcohol;

                                 (5)     SUBSTANCE ACCESS: Failing to supervise appropriately a child in a situation in which drugs, alcohol, or drug paraphernalia are accessible to the child; or

                                 (6)      SEX OFFENDER: a registered sex offender or person officially substantiated as sexually abusing a child, resides with or spends unsupervised time with a child.  [For reference, a sex offender database is at https://www.nsopw.gov/]

Physical Injury is nonaccidental: (a) death; (b) permanent or temporary disfigurement; or (c) impairment of any bodily organ or function.  [Stat. Ann. tit. 33, § 4912(11)]

(A)     Serious physical injury means nonaccidental:  [Stat. Ann. tit. 33, § 4912(17)]

                                 (1)     Physical injury that creates any of the following: (a) substantial risk of death; (b) substantial loss or impairment of the function of any bodily member or organ; (c) substantial impairment of health; or (c) substantial disfigurement; or

                                 (2)     Strangulation by intentionally impeding breathing or blood circulation by (a) pressing on another person’s throat or neck or (b) blocking their nose or mouth.

Emotional Maltreatment means a pattern of malicious behavior that results in a child's impaired psychological growth and development.  [Stat. Ann. tit. 33, § 4912(5)]

Sexual Abuse is any anyone’s act(s) that sexually molest or exploit a child, including any of: (a) incest; (b) prostitution; (c) rape; (d) sodomy; (e) lewd and lascivious conduct with a child; (f) aiding, abetting, counseling, hiring, or procuring a child to perform or participate in a photo, motion picture, exhibition, show, representation, or other presentation that, in whole or part, depicts sexual conduct, sexual excitement, or sadomasochistic abuse with a child; (g) viewing, possessing, or transmitting child porn; (h) human trafficking; (i) sexual assault; (j) voyeurism; (k) luring a child; or (l) obscenity.  [Stat. Ann. tit. 33, § 4912(15)]

(A)     Risk of harm (above) includes a registered sex offender or known sexual abuser who lives with or spends unsupervised time with a child.  [Stat. Ann. tit. 33, § 4912(14)(F)] 

(B)     An exception to child porn is when mutually consenting minors exchange an images of one of them.  [Stat. Ann. tit. 33, § 4912(15)]

(C)     Context: the age of consent is 16. (a) An exception exists for a consenting legally married underage spouse. (b) A child age 15 can consent to someone age 15, 16, 17, or 18. (c) There is no consent below age 18 to a legally authorized caregiver or parent, grandparent, foster parent, adoptive parent or stepparent. (d) There is no consent below age 16 to other household members age 18 or more who serve in a parental role toward the child.  [Stat. Ann. tit. 13, § 3252(c)-(e)]

(D)     Incest is fornication or marriage with one’s parent, grandparent, child, grandchild, sibling, sibling’s child, or parent’s sibling.  [Stat. Ann. tit. 15, § 1a; tit. 13, § 205]