Reforms aim to offer consistency, focus on safety, well-being of vulnerable adults

The Minnesota Vulnerable Adults Act aims to protect adults who, because of physical or mental disability or dependency on institutional services, are particularly vulnerable to maltreatment.

Created in 1980, it needs to be updated to address inconsistencies from county to county and to reflect the realities life today, when many vulnerable adults are living outside congregate settings.

That’s the message Rep. Luke Frederick (DFL-Mankato) shared Wednesday at an informational hearing with the House Human Services Finance and Policy Committee.

Rep. Luke Frederick

Sponsored by Frederick, HF1432 is the first phase of a process to update the protection act, which, when it was established, focused primarily on adult care facilities and made counties almost solely responsible for investigation decisions and funding.

Now, he said, when complaints reach the county level, 40% are investigated if the vulnerable adult is white or Caucasian compared to 20% if Black or African American, refining is needed to standardize reporting and investigation and update definitions of neglect, abuse and exploitation.

“We want to make sure that every Minnesotan, regardless of race ethnicity, region – anything – gets the attention they need when an allegation is made,” Frederick said.  

Investigation duties would be clarified with a centralized reporting line. Reports needing to be followed – in other words screened in – would be sent to the county that would then determine whether to continue an investigation, Frederick said.  

Counties would be required to inform the public of their screening guidelines.

Another provision would shift the balance from investigation and punishment toward a system that supports safety and prevention, according to officials with the Department of Human Services. 

The bill would also allow for more data sharing in the interest of the safety and wellbeing of the vulnerable adult; allow the county to offer assistance when the case is not accepted for further investigation; and emphasize connecting people to services.

The companion, SF2317 sponsored by Sen. Karin Housley (R-Stillwater), awaits action by the Senate Judiciary and Public Safety Finance and Policy Committee.

A yet-to-be-introduced bill from Rep. Mohamud Noor (DFL-Mpls) would put $40.25 million in state funding behind the proposed changes. There is no regular federal funding and little state funding for adult protection and an overreliance on county funds has created a patchwork system, he said.  

Noor’s proposal includes establishing a multi-disciplinary working group to examine system iniquities and provide guidance on best practices, appropriating $30 million in one-time funding to help counties provide services coming out of the pandemic and $10 million to help counties develop new ways to address iniquities in the system.

A June 2021 evaluation of adult protective services is a call to action, said Amanda Vickstrom, executive director of the Minnesota Elder Justice Center.

Minnesota lags behind the rest of the country in investigating reports of abuse with about 24% of cases accepted compared to a national average of 62%. She said two groups are much more likely to be screened out: racial and ethnic minorities and those with mental health issues, especially substance abuse.