| 
  • If you are citizen of an European Union member nation, you may not use this service unless you are at least 16 years old.

  • Stop wasting time looking for files and revisions. Connect your Gmail, DriveDropbox, and Slack accounts and in less than 2 minutes, Dokkio will automatically organize all your file attachments. Learn more and claim your free account.

View
 

Statutes and Rules

Page history last edited by Kevin Hansen 10 years, 11 months ago

 

MN VAA Statutes

The above file is a document of Minnesota Statutes 626.557 through 626.5572, commonly known to us as Minnesota's Vulnerable Adults Act. The text is copied directly from the Legislature's webpage text.

 

Minn. Stat. Chapters 609 - 624: Crimes and Criminals

This range of Chapters of the Minnesota Statutes deals with crimes which are prosecuted by law, the penalties for offenses, definitions of various crimes, and the rights of victims and the accused. Specifically within this range of Chapters, Chapter 611A deals with Crime Victims and the rights, programs, and agencies in place to assist such victims. 

 

Minn. Stat. 609.2335: Financial Exploitation of VA

- Criminal statute for financial exploitation of a vulnerable adult.

 

Minn. Stat. 609.232: Crimes Against VAs

- Criminal statute for crimes against vulnerable adults.

 

Minn Stat 256.021: VA Maltreatment Review Panel

- Statute that creates the vulnerable adult maltreatment review panel.

 

Minn. Stat. 181.932: "Whistleblower" Statute

An employer shall not discharge, discipline, threaten, otherwise discriminate against, or penalize an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because:

     (a) the employee, or a person acting on behalf of an employee, in good faith, reports a violation or suspected violation of any federal or state law or rule adopted pursuant to law to an employer or to any governmental body or law enforcement official;

     (b) the employee is requested by a public body or office to participate in an investigation, hearing, inquiry;

     (c) the employee refuses an employer's order to perform an action that the employee has an objective basis in fact to believe violates any state or federal law or rule or regulation adopted pursuant to law, and the employee informs the employer that the order is being refused for that reason;

     (d) the employee, in good faith, reports a situation in which the quality of health care services provided by a health care facility, organization, or health care provider violates a standard established by federal or state law or a professionally recognized national clinical or ethical standard and potentially places the public at risk of harm; or

     (e) a public employee communicates the findings of a scientific or technical study that the employee, in good faith, believes to be truthful and accurate, including reports to a governmental body or law enforcement official.

The disclosures protected pursuant to this section do not authorize the disclosure of data otherwise protected by law.

 

Minn. Rules Chapters 9555.7100 - 9555.7700

Compilation of the Minnesota administrative rules that are applicable to local government social services.  Chapters 9555.7100 through 9555.7700 deal with the investigation and reporting of maltreatment of vulnerable adults.

 

Minnesota Senate Bill 3196

Proposed legislation introduced in the 2007-2008 Minnesota Legislative Session dealing with financial exploitation of Vulnerable Adults. 

 

Definitions Using the Criminal Code and VAA

- This document references definitions and crimes found within the current statutes of Minnesota.  It makes a few specific references to relevant statutes that may be of use to our group.

 

Proposed California Legislation

- This is a document outlining proposed legislation in California regarding the issue of regulating care-givers.  IHSS stands for "In-Home Supportive Services".

 

Preventing Elder Abuse by Families

- This is an article from the Kitsap Sun Newspaper about a legislator in Washington state attempting to pass a bill that would take away a child's right of inheritance if they were convicted of financially or otherwise abusing their elderly parent (who may or may not be a Vulnerable Adult).  This proposal was introduced by Representative Moeller, which he modeled after a recently passed law in Oregon.

 

Proposed Mississippi Legislation

- Gleaned from a recent Sun Herald newspaper article, this new legislation is currently going through the Mississippi state legislature regarding elder abuse:  "ELDER ABUSE: Allow stronger penalties for a person found guilty of assaulting a person 65 or older.  Senate Bill 2223 passed [Thursday, February 21, 2008] in the Senate and moves to the House."

 

Proposed Mississippi Senate Bill 2223

- The text of the proposed Mississippi legislation enhancing penalties for assault against certain classes of victims including the elderly.  The text is what was amended and passed in the Senate.  Unfortunately the bill died in committee in the Mississippi House. 

 

Revenue Recapture Act

- Fact sheet on Minnesota's Revenue Recapture Act mentioned at the February stakeholders meeting.

 

Texas Employee Misconduct Registry

- The Texas Code that lays out the framework for the Employee Misconduct Registry that is used as a database for perpetrators of abuse, neglect or financial exploitation of elders or adults with disabilities.  To be placed on the registry the person must have been validated for abuse, neglect or exploitation, by APS or another state agency with the finding upheld at a due process hearing and: 1. have been employed to provide personal care to a person via a licensed agency or a home and community services waiver provider for a person with mental retardation; 2. not be required to have a professional license to perform the service (such as nurse or doctor).

 

State Legislation Amendments of APS Laws, 2006

- An overview of state legislation passed in 2006 addressing Adult Protective Services laws including creation of a centralized perpetrator database in Arizona.  This overview was created by the American Bar Association.

Comments (0)

You don't have permission to comment on this page.