State officials report early results, identify gap in caregiver‑negligence authority in Adult Protective Services statute

Department of Disabilities, Aging and Independent Living officials updated the Human Services Committee on recent changes to Vermont’s Adult Protective Services program and warned that the state’s current law leaves APS unable to substantively investigate caregiver negligence, a gap that could jeopardize a modest stream of federal funding unless addressed by 2028.

Joe Nussbaum, director of the Division of Licensing and Protection, told the committee that the statute enacted in June 2023 “very much was driven by and I think has successfully centered victims' rights” and introduced a formal distinction between assessments and investigations. He said the department received about 4,000 reports in fiscal 2024 and reported 424 assessments and 402 investigations in the first full year under the new law.

The change has shifted APS work toward assessments — less adversarial, service‑focused inquiries intended to connect people with services — while investigations remain for cases with clearer allegations of maltreatment. "Assessments are trying to address the problem by bringing people together, and investigations are trying to address the problem by separating people," said John Gordon, director of Adult Protective Services.

Both Nussbaum and Gordon described positive outcomes from using assessments, including the ability to link caregivers with supports and to pursue restorative approaches rather than immediately seeking punitive steps such as registry placement. They said assessments can help reduce recidivism and enable service‑focused interventions for family caregivers who are struggling.

But Nussbaum said the statute does not currently allow APS to respond to or substantiate caregiver negligence in some healthcare settings, a misalignment flagged by a new federal rule issued in May 2024 by the U.S. Department of Health and Human Services' Administration for Community Living. "We would be at risk of losing all of that if we're not in compliance with the rule by 2028," Nussbaum said, referring to federal funds that amount to roughly one full‑time equivalent position for the state program.

The department said it has convened regular monthly stakeholder meetings, including state agencies and advocacy groups such as Disability Rights Vermont and Vermont Legal Aid, to craft compromise language. Officials told the committee they hope to bring a bill to the legislature next year that balances concerns from health‑care providers, who worry about workforce impacts and reporting culture, and advocates and victims seeking fuller APS authority.

Staffing and data issues were discussed. Officials reported 16 permanent APS staff plus four limited‑service, grant‑funded positions (about 20 total), with roughly 14 field staff and several staffers dedicated primarily to assessments. They acknowledged reporting gaps from a recent information‑management system change and said an addendum to the annual report submitted Jan. 15 will provide missing elements.

Committee members asked about bank reporting agreements, registry placement criteria, and expungement requests. Nussbaum said the department has a signed user agreement with the Vermont Bankers Association and that smaller, local banks and credit unions have been easier to work with than some national banks. He also said 44 individuals were placed on the caregiver registry in recent years and that the statute defines registry eligibility by whether the person meets the definition of a caregiver rather than by familial proximity alone. The department acknowledged a typographical error in the written report about expungement counts and said it will correct the record.

No formal committee votes or legislative actions were taken during the update. Department officials said they will continue stakeholder work and return with proposed statutory language next year.