Minnesota is one of only five states in the country that doesn't have "intentional abuse of vulnerable adults" as a felony. Currently, the highest level of penalty for this offense is a gross misdemeanor, which means that the most anyone can be sentenced to is a fine and one year in prison.

In the past year, you may have noticed an increase in press coverage of this issue. Last fall there was an editorial in the Star Tribune, and recently there was a press conference held by a high ranking senator and supporters of increasing the penalties. This press conference was an opportunity to share a bill draft from county prosecutors that is being introduced this legislative session in a bipartisan manner. Usually this type of coverage arises when we see or hear stories of outlandish behavior that make people cringe and ask why or how that can happen in our society. However, this year, with the bipartisan bill and a number of supporters, we expect there is a much better chance that state law will change to include criminal felony neglect for abuse of a vulnerable adult.

We have been engaged on this issue for a number of years. Our involvement has coincided with that of multiple other provider organizations. We are now working with these organizations to ensure that the language proposed and ultimately passed is appropriate for the settings in which we provide care for vulnerable adults.

As providers, we know the struggles facing our hardworking staffs: emergencies, things that just come up, and the chronic conditions facing the ones we serve. We know the realities of multiple call lights, least restrictive environments, and reaction times. We, with other provider groups, have had constructive conversations with the prosecutors and proponents to try to educate them on the complexities of the situations in which we provide care for vulnerable adults. These conversations have been fruitful for both sides.

To add to the complexity of the issue, unions and the disability community also have concerns that layer onto the issue. We have been working with all of these groups to try to ensure that any felony neglect proposal coming forward is informed by the multiple caregiver voices.

We have been — and continue to be — engaged on this issue. We continue to inform proponents and lawmakers of our concerns and the realities of the care we provide to vulnerable adults. We will keep working with the prosecutors, proponents, and lawmakers to find a consensus solution that makes sense.

Toby Pearson
952.851.2480
tpearson@careproviders.org