Harsher vulnerable adult penalties

People who willingly neglect a vulnerable adult will face a more serious criminal charge. So will those who mistreat a child.

Sponsored by Rep. Steve Gottwalt (R-St. Cloud) and Sen. Warren Limmer (R-Maple Grove), a new law creates a felony crime for intentional deprivation of a vulnerable adult, such as with food, clothing, shelter or health care, when the caregiver “is reasonably able to make the necessary provisions.”

Supporters said the law comes in response to a number of cases where people were literally left to rot in their own filth and other abuse stories where the perpetrator could only be charged with gross misdemeanor.

Gottwalt said the law is a bipartisan collaboration of many interested parties, including the provider community, law enforcement and prosecutors.

The bill provides for three affirmative defenses:

• the person employed by a facility is unable to “reasonably make the necessary provisions due to inadequate staffing levels, inadequate supervision, or institutional policies”;

• the defendant operates or manages a facility and did not knowingly or intentionally permit an employee to permit the criminal act; and

• where the caregiver “was acting reasonably and necessarily to provide care to another identified vulnerable adult.”

Additionally, the law reduces the level of harm required for a felony offense for child mistreatment by replacing “substantial bodily harm” in statute with “demonstrable bodily harm.”

The provision comes from HF2220/ SF1725, sponsored by Rep. Jeanne Poppe (DFL-Austin) and Sen. Dan Sparks (DFL-Austin), which is based on a 2011 Mower County case where a 5-year-old child was chained to the slats of his crib every evening. The parents could only be charged with a gross misdemeanor.

Because there wasn’t substantial bodily harm, only demonstrable bodily harm — any harm that can be observed by another person — could be used in the charging.

Signed April 18 by Gov. Mark Dayton, the law takes effect Aug. 1, 2012.

HF1945/ SF1586*/CH175