Vulnerable Adult Act (VAA) Redesign

The Vulnerable Adult Act (VAA), Minnesota Statute 626.557, was passed in 1980 and establishes state policy for the protection of vulnerable adults and Minnesota’s adult protection system. While the VAA has been updated a number of times since its passing in 1980, including 1995 when MN §626.5572 added definitions of terms in the VAA, 2009 when changes were made to improve investigation coordination and criminal consequences for financial exploitation, and 2013 when a Central Entry Point (CEP) for all adult maltreatment reports in Minnesota was approved, the VAA has not been substantially reviewed in nearly 40 years regarding the service response for vulnerable adults. 

The VAA outlines adult protection in the state of Minnesota and determines agencies responsible for investigations and adult protection services. Depending on the allegation and circumstances of a suspected maltreatment report, an investigation can be assigned to APS, Department of Human Services Licensing Division, or the Department of Health. However, direct services to protect vulnerable adults is only done by APS workers in Minnesota.

The decision to explore redesigning the VAA reflects the changing demographics in our state as well as recognition of the challenges within the current statute. As the policy framework for a person-centered adult protection system that supports people who are vulnerable to live their lives, some questions arise in today’s environment such as:

• How should the adult protection system interact with the criminal system?
• Does an investigatory response best promote safety?
• Should the system move from response to maltreatment toward prevention?
• How should people responsible for maltreatment be treated in our system?
• Do good intentions of a caregiver matter when a person is unintentionally neglected?
• What about the opinion of the person who is vulnerable?
• How should the system balance a person’s safety with their choice? 

Additionally, the VAA Redesign project reflects challenges within the current statute related to:

• Changing demographics 
• Person-centered practices
• Trauma informed response 
• Restrictive interventions
• Unbalanced investigative and service response 
• Unbalanced response to informal caregiver neglect 
• Moving from blame to accountability/resolution 
• Equity issues baked into the system 
• Intersections with criminal investigation
• Balancing response to maltreatment with prevention 
• System developed without funding

Phase 1 (State Fiscal Year 2019): Focus on research, review of state and national models and best practices, and concluding with a recommended stakeholder outreach and engagement plan.

DHS engaged an independent contractor, Public Sector Consultants (PSC), for Phase 1 (SFY19) of this project. PSC is a nonpartisan, objective public policy research and consulting firm based in Lansing, Michigan. PSC specializes in the development and implementation of innovative, actionable public policies by conducting rigorous, impartial research to support sound decisions and engage people with diverse perspectives to identify practical solutions. For the VAA Redesign project, PSC conducted a thorough review of state and national policies, APS models, and best practices as well as 135 interviews of key stakeholders to obtain additional insights. PSC also developed a stakeholder outreach and engagement plan for updating the VAA and meeting the needs of diverse stakeholders. At the conclusion of their work PSC provided a report on June 30, 2019, titled, “The Vulnerable Adult Act and Adult Protective Services in Minnesota: A Review of National Models, Best Practices, and Stakeholder Insights.” (PDF)

Phase 2 (State Fiscal Year 2020): Focus on stakeholder engagement. On July 1, 2019, Minnesota Management Analysis and Development (MAD) engaged planning the process for VAA Redesign Phase 2 (SFY20). MAD began SFY20 by obtaining additional interviews with groups underrepresented in the PSC report from SFY19. The results were provided August 22, 2019, titled, “Addendum to ‘The Vulnerable Adult Act and Adult Protective Services in Minnesota: Stakeholder Insights.’” (PDF) The proposed VAA updates will be brought before diverse stakeholders for review and input throughout SFY20 to ensure consensus on a redesigned adult protection system. Additional information regarding the Vulnerable Adult Act Redesign Stakeholder Engagement Process (PDF) is available online.

A primary goal for Phase 2 (SFY20) is to develop a draft redesign policy plan and create legislative proposals to update the VAA consistent with stakeholder vision to put forward at the 2021 Minnesota legislative session.

The Department of Human Services (DHS) has contracted with the state’s Management Analysis and Development (MAD) Division to engage stakeholders in the Vulnerable Adult Act (VAA) Redesign process. MAD offers neutral, third-party consultation services. MAD developed the Vulnerable Adult Act Redesign Stakeholder Engagement Process (PDF)  to ensure proposed VAA updates will be brought before diverse stakeholders for review and input throughout SFY20 and help work toward consensus on a redesigned adult protection system. MAD also developed the Adult Protective Services Redesign Project Scope (PDF)  to clarify the focus of this review. While the VAA regulates the reporting of, and investigation into, allegations of maltreatment of vulnerable adults across different settings – including those licensed by the Department of Human Services and the Department of Health – the focus of this review is county and tribal-based Adult Protective Services.

Meeting information can be found online.