In re E.C.

Summary

The Vermont Supreme Court affirmed the Human Services Board’s reversal of the Department’s substantiation of abuse by an individual assistant who dunked a vulnerable adult three times during a physical therapy session. The court held that 33 V.S.A. § 6902(1)(E) incorporates a subjective intent element and an objective standard for whether conduct should reasonably be expected to cause serious emotional distress. It further held that the Board applied the proper standard and made sufficient findings to support its decision.

Holdings

1. Section 6902(1)(E) contains both subjective and objective elements: the actor must intentionally engage in the conduct, but whether the conduct should reasonably be expected to cause serious emotional distress is determined objectively.
2. The objective standard did not establish abuse as a matter of law, and the Board acted within its discretion in concluding that E.C.'s brief conduct did not reasonably appear likely to cause the serious emotional distress contemplated by § 6902(1)(E).
3. The Board's findings were sufficient to support its reversal of the Department's substantiation, even though some findings appeared in the reasons section rather than the section labeled findings of fact.

Questions Presented

1. Whether 33 V.S.A. § 6902(1)(E) requires an objective or subjective standard for determining whether intentional conduct should reasonably be expected to cause a vulnerable adult serious emotional distress.
2. Whether the Board properly applied the statutory standard in concluding that E.C.'s conduct did not constitute abuse.
3. Whether the Board made sufficient factual findings to support its reversal of the Department's abuse substantiation.

Disposition

affirmed