In re E.C.

Summary

The Vermont Supreme Court affirmed the Human Services Board’s reversal of the Department’s substantiation of abuse against an individual assistant who dunked a developmentally disabled student three times during a swimming-pool therapy session. The Court held that 33 V.S.A. § 6902(1)(E) contains a subjective intent requirement but applies an objective standard to whether conduct should reasonably be expected to cause serious emotional distress. It concluded that the Board applied the proper standard and made sufficient findings to support its decision.

Holdings

1. Section 6902(1)(E) contains a subjective intent element and an objective result element: the conduct must be intentional, and it must be conduct that should reasonably be expected to cause the listed forms of distress.
2. The Board acted within its discretion in concluding that E.C.'s conduct could not reasonably be expected to cause the statutory forms of serious emotional distress, and the facts did not establish abuse as a matter of law.
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 formal findings-of-fact section.

Questions Presented

1. Whether 33 V.S.A. § 6902(1)(E) establishes an objective standard for determining whether intentional conduct should reasonably be expected to cause intimidation, fear, humiliation, degradation, agitation, disorientation, or other serious emotional distress to a vulnerable adult.
2. Whether the Human Services Board properly applied that standard in reversing the Department's substantiation of abuse.
3. Whether the Board made sufficient findings of fact to support its decision.

Disposition

affirmed