7-344 - Vulnerable Adults

Policy

A vulnerable adult is defined as any person 18 years of age or older who is unable to adequately care for themselves without assistance due to a physical, mental, or emotional disability. This includes any adult who is a temporary or permanent resident of a health care facility or licensed group home.

Abuse, neglect, or financial exploitation of a vulnerable adult is a crime. Abuse resulting in substantial bodily harm, great bodily harm, or death is a felony. All other abuse is a gross misdemeanor. Neglect is a gross misdemeanor. Financial exploitation may be a misdemeanor, gross misdemeanor, or felony depending on the dollar amount lost. The dollar amounts are equivalent to those used to determine charging level in the theft statute 609.52.

Officers who receive complaints or become aware of abuse, neglect, or financial exploitation of a vulnerable adult shall complete a CAPRS report using one of the following offense codes as the primary offense. Secondary offense codes may be added as appropriate. A caregiver, as mentioned in the descriptions below, is defined as any person or organization that has agreed to provide assistance with any portion of the vulnerable adult’s care.

• VABUSE: This code applies when a vulnerable adult is physically or sexually assaulted by a caregiver. This code should not be used if the suspect is not a caregiver for the vulnerable adult.
• VANEG: This code applies when a caregiver fails to provide necessary food, clothing, shelter, health care, or supervision to a vulnerable adult. This code does not apply in cases where the vulnerable adult is neglecting his or her own needs by refusing services or assistance.
• VAFIN: This code applies when an individual who is legally responsible for the finances of a vulnerable adult via power of attorney, conservator ship, or guardianship, intentionally fails to use those financial resources for the care of the vulnerable adult. It also applies when any individual acquires possession of money or property belonging to a vulnerable adult through undue influence, harassment, or duress.

Officers should document the relationship between the suspect and victim as well as the victim’s status as a vulnerable adult in the narrative portion of their reports. This information should also be reflected in the description and relationship portions of the CAPRS report.

Minnesota law mandates that law enforcement personnel immediately report all cases of abuse, neglect, or financial exploitation of a vulnerable adult via the Minnesota Adult Abuse Reporting Center at 844-880-1574. Officers should document in their CAPRS report the date and time of this notification. Intentional failure by law enforcement personnel to report abuse, neglect, or financial exploitation to the Minnesota Adult Abuse Reporting Center is a misdemeanor. If it results in the death of a vulnerable adult, the failure to report becomes a gross misdemeanor. Officers are immune from any civil or criminal liability that might result from their actions provided they are acting in good faith. 

• Bodily Harm: Physical pain or injury, illness, or any impairment of physical condition.
• Great Bodily Harm: Bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily harm (MN Statute section 609.02 Subd. 8).
• Substantial Bodily Harm: Bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member (MN Statute section 609.02 Subd. 7a).
• Vulnerable Adult:

  As defined by MN Statute section 626.5572 Subd. 21, a Vulnerable Adult is any person 18 years of age or older who:

  1. Is a resident or inpatient of a facility (as defined in MN Statute section 626.5572 Subd. 6);
  2. Receives services at or from a facility required to be licensed to serve adults under MN Statute sections 245A.01 to 245A.15,
     except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is committed as a sexual psychopathic personality or as a sexually dangerous person under MN Statute chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause 4;
  3. Receives services from a home care provider required to be licensed under MN Statute sections 144A.43 to 144A.482; or from a person or organization that exclusively offers, provides, or arranges for personal care assistance services under the medical assistance program as authorized under MN Statute sections 256B.0625 Subd. 19a, 256B.0651 to 256B.0654, and 256B.0659;
  4. Regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:
     1. That impairs the individual's ability to provide adequately for the individual's own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and
     2. Because of the dysfunction or infirmity and the need for assistance, the individual has an impaired ability to protect the individual from maltreatment.