33 V.S.A. § 2080 — VT Code / Title 33 / Chapter 19 / Section 2080
§ 2080. Vermont Prescription Drug Pricing and Consumer Protection Program
Status: in_force

The Secretary of Human Services shall administer this subchapter in conformity with the Pharmacy Best Practices and Cost Control Program established under subchapter 5 of this chapter to enable the citizens of Vermont to purchase necessary prescription pharmaceuticals at the lowest possible price, to ensure access to such pharmaceuticals, and to support Vermont pharmacies, consistent with the time frames, standards, and procedures established by the General Assembly.
33 V.S.A. § 6940 — VT Code / Title 33 / Chapter 69 / Section 6940
§ 6940. Enforcement
Status: in_force

(a) Law enforcement officers are authorized to enforce orders issued under this subchapter.

(b) Violation of an order issued under this subchapter may be prosecuted as criminal contempt under Rule 42 of the Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the State's Attorney in the Family Division of the Superior Court in the county that issued the order. The maximum penalty that may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed in the discretion of the court pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken.
33 V.S.A. § 6901 — VT Code / Title 33 / Chapter 69 / Section 6901
§ 6901. Purpose
Status: in_force

(a) The purpose of this chapter is to:

(1) protect vulnerable adults whose health and welfare may be adversely affected through abuse, neglect, or exploitation;

(2) recognize and accommodate the barriers for vulnerable adults that may impair both their response to maltreatment and the ability to substantiate allegations of maltreatment; and

(3) require the reporting of suspected abuse, neglect, and exploitation of vulnerable adults, the investigation of such reports, and the establishment of protective services, when needed.

(b) The provision of protective services under this chapter shall not cause undue harm or violate the individual's autonomy and shall provide opportunities for the vulnerable adult's preferences to be considered.
33 V.S.A. § 4111 — VT Code / Title 33 / Chapter 41 / Section 4111
§ 4111. Access to financial records of deposit accounts of individuals who owe overdue child support
Status: in_force

(a) As used in this section:

(1) “Depositor” means an owner of an account in a financial institution and includes a “share account holder” of a credit union.

(2) “Financial institution” means a trust company, savings bank, industrial bank, commercial bank, savings and loan association, or credit union organized under the laws of this State or authorized to do business in this State.

(3) “Match” means an automated comparison by name, Social Security number, and, if available, date of birth of a list of obligors provided to a financial institution by the Office and a list of depositors of a financial institution.

(4) “Obligor” means a person who owes child support.

(5) “Office” means the Office of Child Support.

(6) “Overdue support” means a debt of one-quarter of the annual support obligation or more for maintenance and support of a child or children and the obligor had prior notice of the debt and a prior opportunity to contest the amount owed. “Overdue support” includes spousal support or alimony being collected in conjunction with child support.

(b) Upon written request from the Director of the Office of Child Support and provided the institution has the technological capacity to perform a match, a financial institution shall perform a match of obligors who owe overdue child support. The Office shall make its computerized information necessary for a match available in a form that is compatible with the technology used by the financial institution that will perform the search. A financial institution shall not be required to perform a match under this section more often than once every quarter.

(c) After completing a match requested under subsection (b) of this section, a financial institution shall notify the Office of Child Support. The notification shall contain the following information, if available to the financial institution through its matching procedure, for each account identified:

(1) the full name, date of birth, and address of the obligor;

(2) the Social Security number of the obligor;

(3) the obligor's account number; and

(4) the amount of deposits contained in the obligor's account.

(d) A financial institution shall send a match list compiled under this section to the Office at the address designated by the Office.

(e) The financial institution shall not provide notice in any form to a depositor contained in a match list submitted to the Office under subsection (d) of this section. Failure to provide notice to a depositor shall not constitute a violation of the financial institution's duty of good faith to its customers.

(f) A financial institution may charge the Office a fee for services provided under this section provided that the fee shall not exceed the actual costs incurred by the financial institution.

(g) The information provided by the Office to a financial institution under this section shall be confidential and shall be used only for the purpose of carrying out the requirements of this section.
33 V.S.A. § 6304 — VT Code / Title 33 / Chapter 63 / Section 6304
§ 6304. Designation; geographic service areas
Status: in_force

(a) The Commissioner shall specify by rule standards and procedures for home health agency designation, redesignation, and designation revocation. The designation shall provide each designated agency a franchise to provide home health services within one or more geographic service areas within which it shall have the obligation and responsibility of providing home health services for four years, except as provided in subsection (d) of this section. No home health agency shall render home health services to patients residing in a designated service area without being designated by the Commissioner to serve patients in that service area.

(b) Initial designations shall reflect the geographic service areas of existing home health agencies and any agencies contained in a certificate of need granted under 18 V.S.A. chapter 221 prior to or following June 13, 2005, provided the certificate of need, if not yet approved, was pending on June 13, 2005. The initial geographic service areas shall include:

(1) Addison County Home Health & Hospice, Inc.: the cities and towns of Addison County, with the exception of Hancock and Granville.

(2) VNA & Hospice of Southwestern Vermont Health Care, Inc.: the towns of Pownal, Bennington, Woodford, Shaftsbury, and Glastenbury.

(3) Franklin County Home Health Agency, Inc.: the cities and towns of Franklin County.

(4) VNA of Chittenden and Grand Isle Counties, Inc.: the cities and towns of Chittenden and Grand Isle counties.

(5) Lamoille Home Health Agency, Inc. d/b/a Lamoille Home Health & Hospice: the cities and towns of Lamoille County.

(6) Central Vermont Home Health & Hospice, Inc.: the cities and towns of Washington County and the towns of Orange, Williamstown, and Washington.

(7) Dorset Nursing Association, Inc.: the towns of Dorset, Rupert, and Pawlet.

(8) Rutland Area VNA & Hospice, Inc.: the cities and towns of Rutland County, with the exception of Pawlet.

(9) Manchester Health Services, Inc.: the towns of Manchester, Arlington, Sunderland, and Sandgate.

(10) Northern Counties Health Care, Inc., d/b/a Caledonia Home Health Care & Hospice: the cities and towns of Caledonia County and the towns of Concord, Lunenburg, Victory, Granby, Guildhall, Maidstone, East Haven, and Greensboro.

(11) Orleans Essex VNA & Hospice, Inc.: the cities and towns of Orleans County with the exception of Greensboro and the towns, gores, and grants of Norton, Canaan, Averill, Lewis, Lemington, Bloomfield, Brunswick, Brighton, Ferdinand, Avery's Gore, Warren's Gore, and Warner's Grant.

(12) VNA & Hospice of Vermont and New Hampshire, Inc.: the cities and towns of Windsor County, Windham County, Orange County (with the exception of the towns of Orange, Washington, and Williamstown) and the towns of Hancock, Granville, Searsburg, Readsboro, Stamford, Landgrove, Winhall, and Peru.

(c) Designations for new home health agencies shall be established pursuant to certificates of need approved by the Green Mountain Care Board. Thereafter, designations shall be subject to the provisions of this subchapter.

(d) The initial designations made under subsection (b) of this section shall expire according to staggered terms prescribed by the Commissioner.

(e) Agencies seeking redesignation to continue providing home health services shall file an application for redesignation in a form and manner prescribed by the Commissioner.

(f) In reviewing applications from agencies seeking to expand or reduce the offering of home health services, the Commissioner shall determine whether the application is consistent with the Health Resource Allocation Plan established under 18 V.S.A. § 9405. In addition, the Commissioner shall use the data collected under subsection 6305(b) of this title when reviewing any applications for additional home health agencies to operate in any area of the State.

(g) The Commissioner shall adopt by rule standards and procedures for designation revocation. In particular, an agency's designation shall be revoked if:

(1) the local community services plan is inadequate to meet the needs of the area served by the home health agency;

(2) the agency, for reasons other than the lack of resources, has failed or refused to implement an otherwise adequate local community services plan; or

(3) the agency has failed to meet the performance standards adopted under this subchapter, has been given written notice of the performance deficiency, and has failed to remediate the deficiency within the time specified in the notice.

(h) Nothing in this subchapter shall be construed to prohibit collaboration among two or more such home health agencies in delivering needed services to patients pursuant to an affiliation, sharing, or other agreement under appropriate circumstances approved by the Commissioner under section 6306 of this title.
33 V.S.A. § 1918 — VT Code / Title 33 / Chapter 19 / Section 1918
§ 1918. Directory of cigarettes approved for stamping and sale
Status: in_force

(a) The Attorney General shall develop and publish on its website a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of this subchapter (the “directory”) and all brand families that are listed in such certifications, except as noted in this subsection.

(1) The Attorney General shall not include or retain in such directory any brand family of any tobacco product manufacturer that has failed to provide the required certification or whose certification the Attorney General determines is not in compliance with this subchapter, unless the Attorney General determines that such violation has been cured to the satisfaction of the Attorney General.

(2) Neither a tobacco product manufacturer nor any brand family of the tobacco product manufacturer shall be included or retained in the directory if the Attorney General concludes that either:

(A) any escrow funds required to be deposited pursuant to subchapter 1A of this chapter for any period related to any brand family, whether or not listed by such tobacco product manufacturer in its certification, have not been placed into a qualified escrow fund governed by an escrow agreement that has been approved by the Attorney General; or

(B) any outstanding judgment, including interest thereon, obtained pursuant to subchapter 1A of this chapter related to that tobacco product manufacturer or any brand family of the tobacco product manufacturer has not been fully satisfied.

(b) The Attorney General shall update the directory in order to correct mistakes and add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this subchapter, and the Attorney General shall transmit by e-mail or other practicable means to each stamping agent, and to any other entity that registers with the Department of Taxes or the Attorney General requesting receipt of the same, notice at least 30 days prior to any removal from the directory of any tobacco product manufacturer or brand family.

(c) Unless otherwise provided by agreement between a licensed wholesale dealer and a tobacco product manufacturer, a licensed wholesale dealer shall be entitled to a refund from a tobacco product manufacturer for any money paid by the licensed wholesale dealer to the tobacco product manufacturer for any cigarettes of that tobacco product manufacturer still in the possession of the licensed wholesale dealer on the date of the Attorney General's removal from the directory of that tobacco product manufacturer or the individual styles or brands of cigarettes of that tobacco product manufacturer. Also, unless otherwise provided by agreement between a retail dealer and a licensed wholesale dealer or a tobacco product manufacturer, a retail dealer shall be entitled to a refund from either a licensed wholesale dealer or a tobacco product manufacturer for any money paid by the retail dealer to the licensed wholesale dealer or tobacco product manufacturer for any cigarettes of that licensed wholesale dealer or tobacco product manufacturer still in the possession of the retail dealer on the date of the Attorney General's removal from the directory of that tobacco product manufacturer or the individual styles or brands of cigarettes of that tobacco product manufacturer. The Attorney General shall not restore to the directory a tobacco product manufacturer or any individual styles or brands or cigarettes or, if applicable, brand families of that tobacco product manufacturer until the tobacco product manufacturer has paid all licensed wholesale dealers any refund due pursuant to this section.

(d) The Commissioner shall refund to a licensed wholesale dealer any tax paid under 32 V.S.A. chapter 205 on products no longer saleable in the State under this subchapter.

(e) A determination of the Attorney General not to list or to remove from the directory a tobacco product manufacturer, an individual style or brand of cigarette or, if applicable, brand family is a final agency decision with the same status as an agency decision or order in a contested case under the Vermont Administrative Procedure Act. A tobacco product manufacturer aggrieved by a determination of the Attorney General under this section may appeal to the Superior Court in Washington County, which shall review the matter pursuant to 3 V.S.A. § 815.

(f) If a nonparticipating manufacturer who has not been listed on the directory for the previous three years files a certification pursuant to this section, or if the Attorney General determines that a nonparticipating manufacturer who has filed a certification pursuant to this section poses an elevated risk for noncompliance with sections 1912-1914 of this title, neither the nonparticipating manufacturer nor any of its brand families shall be included or retained on the directory unless and until the nonparticipating manufacturer or its U.S. importer that undertakes joint and several liability for the manufacturer's performance in accordance with section 1925 of this title and amendments to that section has posted a bond in accordance with this subsection. Proof of the bond shall be submitted with the certification on a form approved by the Attorney General.

(1) The bond required under this subsection shall be written in favor of the State of Vermont and shall be conditioned on the performance by the nonparticipating manufacturer or its U.S. importer that undertakes joint and several liability for the manufacturer's performance in accordance with sections 1912-1914 and 1925 of this title. The bond shall be issued by a surety company in good standing and authorized to transact business in this State to secure the payment of any escrow due or that may become due from the nonparticipating manufacturer or its U.S. importer. The bond shall be maintained as a condition to the nonparticipating manufacturer and its brand families being included on the directory and shall remain in place for the pendency of such listing.

(2) The bond required shall be $20,000.00 for a nonparticipating manufacturer that has not been listed on the Vermont directory for at least three years prior to the nonparticipating manufacturer's application for certification.

(3) The bond required shall be $50,000.00 for a nonparticipating manufacturer that poses an elevated risk for noncompliance with sections 1912-1914 of this title.

(4) A nonparticipating manufacturer shall be deemed to pose an elevated risk for noncompliance with sections 1912-1914 of this title if it:

(A) failed in the previous three years to make a full and timely escrow deposit due pursuant to section 1914 of this title, unless the failure was promptly cured upon notice;

(B) was involuntarily removed from any state's directory, unless the removal was determined to have been erroneous or illegal; or

(C) has litigation pending against it in any state for escrow or for penalties, costs, or attorney's fees related to noncompliance with any state's escrow laws.

(5) If a nonparticipating manufacturer that has posted a bond has failed to make or to have made on its behalf by an entity with joint and several liability escrow deposits equal to the full amount owed for a quarter within 15 days following the due date for the quarter under sections 1914 and 1925 of this title, the State may execute upon the bond first to recover delinquent escrow, which amount shall be deposited into a qualified escrow account under section 1914, and then to recover civil penalties and costs authorized under that section. Escrow obligations above the amount collected on the bond remain due from that nonparticipating manufacturer and, as provided in section 1925 of this title, from importers that sold its cigarettes in the calendar quarter.
33 V.S.A. § 7215 — VT Code / Title 33 / Chapter 71 / Section 7215
§ 7215. Obligations of the owner or licensee
Status: in_force

(a) A licensee, owner, manager, employee, or such person's agent shall cooperate with the receiver in any proceeding under this chapter, including replying promptly to any inquiry from the receiver or the licensing agency requesting a reply and making available to the receiver any books, accounts, documents, or other records or information or property pertaining to operation of the facility in his or her possession, custody, or control. A person shall not obstruct or interfere with the receiver in the conduct of any receivership.

(b) This section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for receivership or revocation or suspension of licensure.

(c)(1) After notice of the receiver's appointment, a person who fails to cooperate with the receiver or any person who obstructs or interferes with the receiver in the conduct of the receivership shall be assessed a civil penalty of not more than $10,000.00.

(2) A person who violates this subsection may be subject to the revocation or suspension of a nursing home administrator's license or a license to operate a facility.
33 V.S.A. § 5904 — VT Code / Title 33 / Chapter 59 / Section 5904
§ 5904. Penalty for illegal placement-Article IV [Contingently repealed; effective until contingency met]
Status: in_force

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place or care for children.

(a) Except as provided in subsection (h) of this section and subdivisions 5905(b)(2) and (3) of this title, paragraphs two and three concerning private and independent adoptions, and in interstate placements in which the public child placing agency is not a party to a custody proceeding, the sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child that it would have had if the child had remained in the sending state. Such jurisdiction shall also include the power to order the return of the child to the sending state.

(b) When an issue of child protection or custody is brought before a court in the receiving state, such court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.

(c) In cases that are before courts and subject to this Compact, the taking of testimony for hearings before any judicial officer may occur in person or by telephone, audio-video conference, or such other means as approved by the rules of the Interstate Commission; and judicial officers may communicate with other judicial officers and persons involved in the interstate process as may be permitted by their Canons of Judicial Conduct and any rules promulgated by the Interstate Commission.

(d) In accordance with its own laws, the court in the sending state shall have authority to terminate its jurisdiction if any of the following occur:

(1) The child is reunified with the parent in the receiving state who is the subject of allegations or findings of abuse or neglect, only with the concurrence of the public child placing agency in the receiving state.

(2) The child is adopted.

(3) The child reaches the age of majority under the laws of the sending state.

(4) The child achieves legal independence pursuant to the laws of the sending state.

(5) A guardianship is created by a court in the receiving state with the concurrence of the court in the sending state.

(6) An Indian tribe has petitioned for and received jurisdiction from the court in the sending state.

(7) The public child placing agency of the sending state requests termination and has obtained the concurrence of the public child placing agency in the receiving state.

(e) When a sending state court terminates its jurisdiction, the receiving state child placing agency shall be notified.

(f) Nothing in this section shall defeat a claim of jurisdiction by a receiving state court sufficient to deal with an act of truancy, delinquency, crime, or behavior involving a child as defined by the laws of the receiving state committed by the child in the receiving state that would be a violation of its laws.

(g) Nothing in this article shall limit the receiving state's ability to take emergency jurisdiction for the protection of the child.

(h) The substantive laws of the state in which an adoption will be finalized shall solely govern all issues relating to the adoption of the child, and the court in which the adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive issues relating to the adoption, except:

(1) when the child is a ward of another court that established jurisdiction over the child prior to the placement; or

(2) when the child is in the legal custody of a public agency in the sending state; or

(3) when a court in the sending state has otherwise appropriately assumed jurisdiction over the child, prior to the submission of the request for approval of placement.

(i) A final decree of adoption shall not be entered in any jurisdiction until the placement is authorized as an “approved placement” by the public child placing agency in the receiving state. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 1903a — VT Code / Title 33 / Chapter 19 / Section 1903a
§ 1903a. Care management program
Status: in_force

(a) The Commissioner of Vermont Health Access shall coordinate with the Director of the Blueprint for Health to provide chronic care management through the Blueprint and, as appropriate, create an additional level of care coordination for individuals with one or more chronic conditions who are enrolled in Medicaid or Dr. Dynasaur. The program shall not include individuals who are in an institute for mental disease as defined in 42 C.F.R. § 435.1009.

(b) The Commissioner shall include individuals with a broad range of chronic conditions in the Blueprint for Health and the care management program.
33 V.S.A. § 1811 — VT Code / Title 33 / Chapter 18 / Section 1811
§ 1811. Health benefit plans for individuals and small employers
Status: in_force

(a) As used in this section:

[Subdivision (a)(1) effective until January 1, 2026; see also subdivision (a)(1) effective January 1, 2026 set out below.]

(1) “Health benefit plan” means a health insurance policy, a nonprofit hospital or medical service corporation service contract, or a health maintenance organization health benefit plan offered through the Vermont Health Benefit Exchange or a reflective health benefit plan offered in accordance with section 1813 of this title that is issued to an individual or to an employee of a small employer. The term does not include coverage only for accident or disability income insurance, liability insurance, coverage issued as a supplement to liability insurance, workers' compensation or similar insurance, automobile medical payment insurance, credit-only insurance, coverage for on-site medical clinics, or other similar insurance coverage in which benefits for health services are secondary or incidental to other insurance benefits as provided under the Affordable Care Act. The term also does not include stand-alone dental or vision benefits; long-term care insurance; short-term, limited-duration health insurance; specific disease or other limited benefit coverage; Medicare supplemental health benefits; Medicare Advantage plans; and other similar benefits excluded under the Affordable Care Act.

[Subdivision (a)(1) effective January 1, 2026; see also subdivision (a)(1) effective until January 1, 2026 set out above.]

(1) “Health benefit plan” means a health insurance policy, a nonprofit hospital or medical service corporation service contract, or a health maintenance organization health benefit plan offered through the Vermont Health Benefit Exchange or a reflective health benefit plan offered in accordance with section 1813 of this title that is issued to an individual in the individual market or to an employee of a small employer in the small group market. The term does not include coverage only for accident or disability income insurance, liability insurance, coverage issued as a supplement to liability insurance, workers' compensation or similar insurance, automobile medical payment insurance, credit-only insurance, coverage for on-site medical clinics, or other similar insurance coverage in which benefits for health services are secondary or incidental to other insurance benefits as provided under the Affordable Care Act. The term also does not include stand-alone dental or vision benefits; long-term care insurance; short-term, limited-duration health insurance; specific disease or other limited benefit coverage; Medicare supplemental health benefits; Medicare Advantage plans; and other similar benefits excluded under the Affordable Care Act.

(2) “Registered carrier” means any person, except an insurance agent, broker, appraiser, or adjuster, who issues a health benefit plan and who has a registration in effect with the Commissioner of Financial Regulation as required by this section.

[Subdivision (a)(3) effective until January 1, 2026; see also subdivision (a)(3) effective January 1, 2026 set out below.]

(3)(A) Until January 1, 2016, “small employer” means an entity that employed an average of not more than 50 employees on working days during the preceding calendar year. The term includes self-employed persons to the extent permitted under the Affordable Care Act. Calculation of the number of employees of a small employer shall not include a part-time employee who works fewer than 30 hours per week or a seasonal worker as defined in 26 U.S.C. § 4980H(c)(2)(B). An employer may continue to participate in the Exchange even if the employer's size grows beyond 50 employees, as long as the employer continuously makes qualified health benefit plans in the Vermont Health Benefit Exchange available to its employees.

(B) Beginning on January 1, 2016, “small employer” means an entity that employed an average of not more than 100 employees on working days during the preceding calendar year. The term includes self-employed persons to the extent permitted under the Affordable Care Act. The number of employees shall be calculated using the method set forth in 26 U.S.C. § 4980H(c)(2). An employer may continue to participate in the Exchange even if the employer's size grows beyond 100 employees, as long as the employer continuously makes qualified health benefit plans in the Vermont Health Benefit Exchange available to its employees.

[Subdivision (a)(3) effective January 1, 2026; see also subdivision (a)(3) effective until January 1, 2026 set out above.]

(3) “Small employer” means an entity that employed an average of not more than 100 employees on working days during the preceding calendar year. The term includes self-employed persons to the extent permitted under the Affordable Care Act. The number of employees shall be calculated using the method set forth in 26 U.S.C. § 4980H(c)(2). An employer may continue to participate in the Exchange even if the employer's size grows beyond 100 employees, provided the employer continuously makes qualified health benefit plans in the Vermont Health Benefit Exchange available to its employees.

[Subsection (b) effective until January 1, 2026; see also subsection (b) effective January 1, 2026 set out below.]

(b)(1) To the extent permitted by the U.S. Department of Health and Human Services, an individual may purchase a health benefit plan through the Exchange website, through navigators, by telephone, or directly from a registered carrier under contract with the Vermont Health Benefit Exchange, if the carrier elects to make direct enrollment available. A registered carrier enrolling individuals in health benefit plans directly shall comply with all open enrollment and special enrollment periods applicable to the Vermont Health Benefit Exchange.

(2) To the extent permitted by the U.S. Department of Health and Human Services, a small employer or an employee of a small employer may purchase a health benefit plan through the Exchange website, through navigators, by telephone, or directly from a registered carrier under contract with the Vermont Health Benefit Exchange.

(3) No person may provide a health benefit plan to an individual or small employer unless the plan complies with the provisions of this subchapter.

[Subsection (b) effective January 1, 2026; see also subsection (b) effective until January 1, 2026 set out above.]

(b)(1) An individual may purchase a health benefit plan through the Exchange website, through navigators, by telephone, or directly from a registered carrier under contract with the Vermont Health Benefit Exchange. A registered carrier enrolling individuals in health benefit plans directly shall comply with all open enrollment and special enrollment periods applicable to the Vermont Health Benefit Exchange.

(2) A small employer or an employee of a small employer may purchase a health benefit plan directly from a registered carrier under contract with the Vermont Health Benefit Exchange.

(3) No person may provide a health benefit plan to an individual or to a small employer unless the plan complies with the provisions of this subchapter.

[Subsection (c) effective until January 1, 2026; see also subsection (c) effective January 1, 2026 set out below.]

(c) No person may provide a health benefit plan to an individual or small employer unless such person is a registered carrier. The Commissioner of Financial Regulation shall establish, by rule, the minimum financial, marketing, service, and other requirements for registration. Such registration shall be effective upon approval by the Commissioner of Financial Regulation and shall remain in effect until revoked or suspended by the Commissioner of Financial Regulation for cause or until withdrawn by the carrier. A carrier may withdraw its registration upon at least six months' prior written notice to the Commissioner of Financial Regulation. A registration filed with the Commissioner of Financial Regulation shall be deemed to be approved unless it is disapproved by the Commissioner of Financial Regulation within 30 days of filing.

[Subsection (c) effective January 1, 2026; see also subsection (c) effective until January 1, 2026 set out above.]

(c) No person may provide a health benefit plan to an individual or to a small employer unless such person is a registered carrier. The Commissioner of Financial Regulation shall establish, by rule, the minimum financial, marketing, service, and other requirements for registration. Such registration shall be effective upon approval by the Commissioner of Financial Regulation and shall remain in effect until revoked or suspended by the Commissioner of Financial Regulation for cause or until withdrawn by the carrier. A carrier may withdraw its registration upon at least six months' prior written notice to the Commissioner of Financial Regulation. A registration filed with the Commissioner of Financial Regulation shall be deemed to be approved unless it is disapproved by the Commissioner of Financial Regulation within 30 days of filing.

[Subdivision (d)(1) effective until January 1, 2026; see also subdivision (d)(1) effective January 1, 2026 set out below.]

(d)(1) Guaranteed issue. A registered carrier shall guarantee acceptance of all individuals, small employers, and employees of small employers, and each dependent of such individuals and employees, for any health benefit plan offered by the carrier, regardless of any outstanding premium amount a subscriber may owe to the carrier for coverage provided during the previous plan year.

[Subdivision (d)(1) effective January 1, 2026; see also subdivision (d)(1) effective until January 1, 2026 set out above.]

(1) Guaranteed issue. (A) A registered carrier shall guarantee acceptance of all individuals and their dependents for any health benefit plan offered by the carrier in the individual market, regardless of any outstanding premium amount a subscriber may owe to the carrier for coverage provided during the previous plan year.

(B) A registered carrier shall guarantee acceptance of all small employers, their employees, and their employees' dependents for any health benefit plan offered by the carrier in the small group market, regardless of any outstanding premium amount a subscriber may owe to the carrier for coverage provided during the previous plan year.

(2) Preexisting condition exclusions. A registered carrier shall not exclude, restrict, or otherwise limit coverage under a health benefit plan for any preexisting health condition.

(3) Annual limitations on cost sharing.

(A)(i) The annual limitation on cost sharing for self-only coverage for any year shall be the same as the dollar limit established by the federal government for self-only coverage for that year in accordance with 45 C.F.R. § 156.130.

(ii) The annual limitation on cost sharing for other than self-only coverage for any year shall be twice the dollar limit for self-only coverage described in subdivision (i) of this subdivision (A).

(B)(i) In the event that the federal government does not establish an annual limitation on cost sharing for any plan year, the annual limitation on cost sharing for self-only coverage for that year shall be the dollar limit for self-only coverage in the preceding calendar year, increased by any percentage by which the average per capita premium for health insurance coverage in Vermont for the preceding calendar year exceeds the average per capita premium for the year before that.

(ii) The annual limitation on cost-sharing for other than self-only coverage for any year in which the federal government does not establish an annual limitation on cost sharing shall be twice the dollar limit for self-only coverage described in subdivision (i) of this subdivision (B).

(4) Ban on annual and lifetime limits. A health benefit plan shall not establish any annual or lifetime limit on the dollar amount of essential health benefits, as defined in Section 1302(b) of the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, and applicable regulations and federal guidance, for any individual insured under the plan, regardless of whether the services are provided in-network or out-of-network.

(5)(A) No cost sharing for preventive services. A health benefit plan shall not impose any co-payment, coinsurance, or deductible requirements for:

(i) preventive services that have an “A” or “B” rating in the current recommendations of the U.S. Preventive Services Task Force;

(ii) immunizations for routine use in children, adolescents, and adults that have in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention with respect to the individual involved;

(iii) with respect to infants, children, and adolescents, evidence-informed preventive care and screenings as set forth in comprehensive guidelines supported by the federal Health Resources and Services Administration; and

(iv) with respect to women, to the extent not included in subdivision (i) of this subdivision (5)(A), evidence-informed preventive care and screenings set forth in binding comprehensive health plan coverage guidelines supported by the federal Health Resources and Services Administration.

(B) Subdivision (A) of this subdivision (5) shall apply to a high-deductible health plan only to the extent that it would not disqualify the plan from eligibility for a health savings account pursuant to 26 U.S.C. § 223.

(e) A registered carrier shall offer a health benefit plan rate structure that at least differentiates between single person, two person, and family rates.

[Subdivision (f)(1) effective until January 1, 2026; see also subdivision (f)(1) effective January 1, 2026 set out below.]

(f)(1) A registered carrier shall use a community rating method acceptable to the Commissioner of Financial Regulation for determining premiums for health benefit plans. Except as provided in subdivision (2) of this subsection, the following risk classification factors are prohibited from use in rating individuals, small employers, or employees of small employers, or the dependents of such individuals or employees:

(A) demographic rating, including age and gender rating;

(B) geographic area rating;

(C) industry rating;

(D) medical underwriting and screening;

(E) experience rating;

(F) tier rating; or

(G) durational rating.

[Subdivision (f)(1) effective January 1, 2026; see also subdivision (f)(1) effective until January 1, 2026 set out above.]

(1) A registered carrier shall use a community rating method acceptable to the Commissioner of Financial Regulation for determining premiums for health benefit plans and shall determine the premiums for the carrier's individual market plans separately from the premiums for its small group market plans. Except as provided in subdivision (2) of this subsection, the following risk classification factors are prohibited from use in rating individuals, small employers, or employees of small employers, or the dependents of such individuals or employees:

(A) demographic rating, including age and gender rating;

(B) geographic area rating;

(C) industry rating;

(D) medical underwriting and screening;

(E) experience rating;

(F) tier rating; or

(G) durational rating.

(2)(A) The Commissioner of Financial Regulation shall, by rule, adopt standards and a process for permitting registered carriers to use one or more risk classifications in their community rating method, provided that the premium charged shall not deviate above or below the community rate filed by the carrier by more than 20 percent and provided further that the Commissioner of Financial Regulation's rules may not permit any medical underwriting and screening and shall give due consideration to the need for affordability and accessibility of health insurance.

(B) The Commissioner of Financial Regulation's rules shall permit a carrier, including a hospital or medical service corporation and a health maintenance organization, to establish rewards, premium discounts, split benefit designs, rebates, or otherwise waive or modify applicable co-payments, deductibles, or other cost-sharing amounts in return for adherence by a member or subscriber to programs of health promotion and disease prevention. The Commissioner of Financial Regulation shall consult with the Commissioner of Health, the Director of the Blueprint for Health, and the Commissioner of Vermont Health Access in the development of health promotion and disease prevention rules that are consistent with the Blueprint for Health. Such rules shall:

(i) limit any reward, discount, rebate, or waiver or modification of cost-sharing amounts to not more than a total of 15 percent of the cost of the premium for the applicable coverage tier, provided that the sum of any rate deviations under subdivision (A) of this subdivision (2) does not exceed 30 percent;

(ii) be designed to promote good health or prevent disease for individuals in the program and not be used as a subterfuge for imposing higher costs on an individual based on a health factor;

(iii) provide that the reward under the program is available to all similarly situated individuals and shall comply with the nondiscrimination provisions of the federal Health Insurance Portability and Accountability Act of 1996; and

(iv) provide a reasonable alternative standard to obtain the reward to any individual for whom it is unreasonably difficult due to a medical condition or other reasonable mitigating circumstance to satisfy the otherwise applicable standard for the discount and disclose in all plan materials that describe the discount program the availability of a reasonable alternative standard.

(C) The Commissioner of Financial Regulation's rules shall include:

(i) standards and procedures for health promotion and disease prevention programs based on the best scientific, evidence-based medical practices as recommended by the Commissioner of Health;

(ii) standards and procedures for evaluating an individual's adherence to programs of health promotion and disease prevention; and

(iii) any other standards and procedures necessary or desirable to carry out the purposes of this subdivision (2).

(D) The Commissioner of Financial Regulation may require a registered carrier to identify that percentage of a requested premium increase that is attributed to the following categories: hospital inpatient costs, hospital outpatient costs, pharmacy costs, primary care, other medical costs, administrative costs, and projected reserves or profit. Reporting of this information shall occur at the time a rate increase is sought and shall be in the manner and form directed by the Commissioner of Financial Regulation. Such information shall be made available to the public in a manner that is easy to understand.

(g) A registered carrier shall file with the Commissioner of Financial Regulation an annual certification by a member of the American Academy of Actuaries of the carrier's compliance with this section. The requirements for certification shall be as the Commissioner of Financial Regulation prescribes by rule.

(h) A registered carrier shall provide, on forms prescribed by the Commissioner of Financial Regulation, full disclosure to a small employer of all premium rates and any risk classification formulas or factors prior to acceptance of a plan by the small employer.

(i) A registered carrier shall guarantee the rates on a health benefit plan for a minimum of 12 months.

(j) The Commissioner of Financial Regulation or the Green Mountain Care Board established in 18 V.S.A. chapter 220, as appropriate, shall disapprove any rates filed by any registered carrier, whether initial or revised, for insurance policies unless the anticipated medical loss ratios for the entire period for which rates are computed are at least 80 percent, as required by the Affordable Care Act.

[Subsection (k) effective until January 1, 2026; see also subsection (k) effective January 1, 2026 set out below.]

(k) The guaranteed acceptance provision of subsection (d) of this section shall not be construed to limit an employer's discretion in contracting with his or her employees for insurance coverage.

[Subsection (k) effective January 1, 2026; see also subsection (k) effective until January 1, 2026 set out above.]

(k) The guaranteed acceptance provision of subsection (d) of this section shall not be construed to limit an employer's discretion in contracting with the employer's employees for insurance coverage.

(l)(1) A registered carrier shall allow for the enrollment of a pregnant individual, and of any individual who is eligible for coverage under the terms of the health benefit plan because of a relationship to the pregnant individual, at any time after the commencement of the pregnancy. Coverage shall be effective as of the first of the month following the individual's selection of a health benefit plan.

(2) A registered carrier shall allow an individual who is eligible for advance payments of federal premium tax credits under 26 U.S.C. § 36B and whose household income for the year is expected to be not greater than 200 percent of the federal poverty level, and any individual who is eligible for coverage because of a relationship to that individual, to enroll in a health benefit plan through the Vermont Health Benefit Exchange at any time during the plan year.
33 V.S.A. § 4919 — VT Code / Title 33 / Chapter 49 / Section 4919
§ 4919. Disclosure of Registry records
Status: in_force

(a) The Commissioner may disclose a Registry record only as follows:

(1) To the State's Attorney or the Attorney General.

(2) To the owner or operator of a facility regulated by the Department for the purpose of informing the owner or operator that employment of a specific individual may result in loss of license, registration, certification, or authorization as set forth in section 152 of this title.

(3) To an employer if such information is used to determine whether to hire or retain a specific individual providing care, custody, treatment, transportation, or supervision of children or vulnerable adults. The employer may submit a request concerning a current employee, volunteer, grantee, or contractor or an individual to whom the employer has given a conditional offer of a contract, volunteer position, or employment. The request shall be accompanied by a release signed by the current or prospective employee, volunteer, grantee, or contractor. If that individual has a record of a substantiated report, the Commissioner shall provide the Registry record to the employer. The employer shall not disclose the information contained in the Registry report.

(4) To the Commissioners of Disabilities, Aging, and Independent Living and of Mental Health or their designees for purposes related to the licensing or registration of facilities regulated by those Departments.

(5) To the Commissioners of Health; of Disabilities, Aging, and Independent Living; and of Mental Health or their designees for purposes related to oversight and monitoring of persons who are served by or compensated with funds provided by those Departments, including persons to whom a conditional offer of employment has been made.

(6) Upon request or when relevant to other states' adult protective services offices.

(7) Upon request or when relevant to other states' child protection agencies.

(8) To the person substantiated for child abuse and neglect who is the subject of the record.

(9) To the Commissioner of Corrections in accordance with the provisions of 28 V.S.A. § 204a(b)(3).

(10) To the Board of Medical Practice for the purpose of evaluating an applicant, licensee, or holder of certification pursuant to 26 V.S.A. § 1353.

(11) To the Cannabis Control Board, in accordance with the provisions of 7 V.S.A. § 954.

(b) An employer providing transportation services to children or vulnerable adults may disclose Registry records obtained pursuant to subdivision (a)(3) of this section to the Agency of Human Services or its designee for the sole purpose of auditing the records to ensure compliance with this subchapter. An employer shall provide such records at the request of the Agency or its designee. Only Registry records regarding individuals who provide direct transportation services or otherwise have direct contact with children or vulnerable adults may be disclosed.

(c) Volunteers shall be considered employees for purposes of this section.

(d) Disclosure of Registry records or information or other records used or obtained in the course of providing services to prevent child abuse or neglect or to treat abused or neglected children and their families by one member of a multidisciplinary team to another member of that team shall not subject either member of the multidisciplinary team, individually, or the team as a whole, to any civil or criminal liability notwithstanding any other provision of law.

(e) “Employer,” as used in this section, means a person or organization that employs or contracts with one or more individuals to care for or provide transportation services to children or vulnerable adults, on either a paid or volunteer basis.

(f) In no event shall Registry records be made available for employment purposes other than as set forth in this subsection or for credit purposes. Any person who violates this subsection shall be fined not more than $500.00.

(g) Nothing in this subsection shall limit the Department's right to use and disclose information from its records as provided in section 4921 of this chapter.
33 V.S.A. § 5917 — VT Code / Title 33 / Chapter 59 / Section 5917
§ 5917. Binding effect of compact and other laws [Contingently enacted]
Status: in_force

(a) Other laws. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this Compact.

(b) Binding effect of the Compact.

(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states.

(2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.

(3) In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 5909 — VT Code / Title 33 / Chapter 59 / Section 5909
§ 5909. Powers and duties of the Interstate Commission [Contingently enacted]
Status: in_force

This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.

The Interstate Commission shall have the following powers:

(1) To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this Compact.

(2) To provide for dispute resolution among member states.

(3) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the Interstate Compact, its bylaws, rules, or actions.

(4) To enforce compliance with this Compact or the bylaws or rules of the Interstate Commission pursuant to section 5907 of this title.

(5) Collect standardized data concerning the interstate placement of children subject to this Compact as directed through its rules, which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements.

(6) To establish and maintain offices as may be necessary for the transacting of its business.

(7) To purchase and maintain insurance and bonds.

(8) To hire or contract for services of personnel or consultants as necessary to carry out its functions under the Compact and establish personnel qualification policies and rates of compensation.

(9) To establish and appoint committees and officers, including but not limited to an executive committee as required by section 5910 of this title.

(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose thereof.

(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

(13) To establish a budget and make expenditures.

(14) To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

(15) To report annually to the legislatures, governors, the judiciary, and state advisory councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

(16) To coordinate and provide education, training, and public awareness regarding the interstate movement of children for officials involved in such activity.

(17) To maintain books and records in accordance with the bylaws of the Interstate Commission.

(18) To perform such functions as may be necessary or appropriate to achieve the purposes of this Compact. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 5284 — VT Code / Title 33 / Chapter 52A / Section 5284
§ 5284. Youthful Offender Determination and Disposition Order
Status: in_force

(a)(1) In a hearing on a motion for youthful offender status, the court shall first consider whether public safety will be protected by treating the youth as a youthful offender. If the court finds that public safety will not be protected by treating the youth as a youthful offender, the court shall deny the motion and transfer the case to the Criminal Division of the Superior Court pursuant to subsection 5281(d) of this title. If the court finds that public safety will be protected by treating the youth as a youthful offender, the court shall proceed to make a determination under subsection (b) of this section.

(2) When determining whether public safety will be protected by treating the youth as a youthful offender, the court shall consider, on the basis of the evidence admitted:

(A) the nature and circumstances of the charge and whether violence was involved;

(B) the youth's mental health treatment history and needs;

(C) the youth's substance abuse history and needs;

(D) the youth's residential housing status;

(E) the youth's employment and educational situation;

(F) whether the youth has complied with conditions of release;

(G) the youth's criminal record and whether the youth has engaged in subsequent criminal or delinquent behavior since the original charge;

(H) whether supervising the youth on youthful offender probation is appropriate considering the nature of the charged offense and the age and specialized needs of the youth;

(I) whether the youth has connections to the community; and

(J) the youth's history of violence and history of illegal or violent conduct involving firearms or other deadly weapons.

(b)(1) The court shall deny the motion if the court finds that:

(A) the youth is not amenable to treatment or rehabilitation as a youthful offender; or

(B) there are insufficient services in the juvenile court system and the Department for Children and Families and the Department of Corrections to meet the youth's treatment and rehabilitation needs.

(2) The court shall grant the motion if the court finds that:

(A) the youth is amenable to treatment or rehabilitation as a youthful offender; and

(B) there are sufficient services in the juvenile court system and the Department for Children and Families and the Department of Corrections to meet the youth's treatment and rehabilitation needs.

(c)(1) If the court approves the motion for youthful offender treatment after an adjudication pursuant to subsection 5281(d) of this title, the court:

(A) shall approve a disposition case plan and impose conditions of juvenile probation on the youth; and

(B) may transfer legal custody of the youth to a parent, relative, person with a significant relationship with the youth, or Commissioner, provided that any transfer of custody shall expire on the youth's 18th birthday.

(2) Prior to the approval of a disposition case plan, the court may refer a child directly to a youth-appropriate community-based provider that has been approved by the department and which may include a community justice center or a balanced and restorative justice program. Referral to a community-based provider pursuant to this subdivision shall not require the court to place the child on probation. If the community-based provider does not accept the case or if the child fails to complete the program in a manner deemed satisfactory and timely by the provider, the child shall return to the court for further proceedings, including the imposition of the disposition order.

(d) The Department for Children and Families and the Department of Corrections shall be responsible for supervision of and providing services to the youth until the youth reaches 22 years of age. Both Departments shall designate a case manager who together shall appoint a lead Department to have final decision-making authority over the case plan and the provision of services to the youth. The youth shall be eligible for appropriate community-based programming and services provided by both Departments.
33 V.S.A. § 1201 — VT Code / Title 33 / Chapter 12 / Section 1201
§ 1201. Definitions
Status: in_force

As used in this chapter:

(1) “Adult” means an individual who:

(A) is 18 years of age or older and not a dependent child; or

(B) is under 18 years of age and:

(i) is pregnant; or

(ii) is a parent who is the caretaker for a dependent child.

(2) “Barrier” means any physical, emotional, or mental condition; any lack of an educational, vocational, or other skill or ability; and any lack of transportation, child care, housing, medical assistance or other services or resources, domestic violence circumstances, caretaker responsibilities, or other conditions or circumstances that prevent an individual from engaging in employment or other work activity.

(3) “Caretaker” means an individual age 18 or older who is fulfilling a parental role in caring for a dependent child by providing physical care, guidance, and decision making related to the child's health, school, medical care, and discipline.

(4) “Commissioner” means the Commissioner for Children and Families or his or her designee.

(5) “Department” means the Department for Children and Families.

(6) “Dependent child” means a child who is a resident of this State and:

(A) is under 18 years of age; or

(B) is 18 years of age or older who is a full-time student in a secondary school, or attending an equivalent level of vocational or technical training, and is reasonably expected to complete the educational program before reaching 19 years of age or is not expected to complete the educational program before reaching 19 years of age solely due to a documented disability.

(7) “Eligible family” means a family that meets the requirements in section 1203 of this chapter.

(8) “Family” means:

(A) one or more dependent children living with one or both parents or a relative or caretaker of such children; or

(B) a pregnant individual.

(9) “Food assistance” means a monthly benefit to supplement the family's Supplemental Nutrition Assistance Program benefits as determined under section 1204 of this chapter.

(10) “Living with a relative or caretaker” means living with a caretaker or relative in a residence maintained by the caretaker or one or more relatives at his or her or their home.

(11) “Parent” means a biological parent, stepparent, adoptive parent, or pregnant individual.

(12) “Participant” or “participating adult” means an adult member of a participating family.

(13) “Participating family” means an eligible family that participates in the Reach Ahead program.

(14) “Reach Ahead services” means the service component of the Reach Ahead program consisting of case management services, support services, and referrals provided to eligible families to assist them in maintaining self-sufficiency.

(15) “Reach First” means the program established under chapter 10 of this title.

(16) “Reach Up” means the program established under chapter 11 of this title.

(17) “Relative” means a person related to a dependent child, as defined by the Department by rule.

(18) “Temporary Assistance to Needy Families” or “TANF” means the block grant provided to this State and established in accordance with Part A of Title IV of the federal Social Security Act, as amended, and the regulations promulgated under the Act by the U.S. Secretary of Health and Human Services.
33 V.S.A. § 5729 — VT Code / Title 33 / Chapter 57 / Section 5729
§ 5729. State council
Status: in_force

Each member state shall create a State Council for Interstate Juvenile Supervision. Each state may determine the membership of its own state council, provided that its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator, or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council shall advise and may exercise oversight and advocacy concerning that state's participation in Interstate Commission activities and other duties as may be determined by that state, including development of policy concerning operations and procedures of the compact within that state.
33 V.S.A. § 5321 — VT Code / Title 33 / Chapter 53 / Section 5321
§ 5321. Permanency hearing
Status: in_force

(a) Purpose. Unless otherwise specified therein, an order under the authority of this chapter transferring legal custody or residual parental rights and responsibilities of a child to the Department pursuant to subdivision 5318(a)(4) or (5) of this title shall be for an indeterminate period and shall be subject to periodic review at a permanency hearing. At the permanency hearing, the court shall determine the permanency goal for the child and an estimated time for achieving that goal. The goal shall specify when:

(1) legal custody of the child will be transferred to the parent, guardian, or custodian;

(2) the child will be released for adoption;

(3) a permanent guardianship will be established for the child;

(4) a legal guardianship will be established for the child pursuant to an order under 14 V.S.A. chapter 111; or

(5) the child will remain in the same living arrangement or be placed in another planned permanent living arrangement because the Commissioner has demonstrated to the satisfaction of the court a compelling reason that it is not in the child's best interests to:

(A) return home;

(B) have residual parental rights terminated and be released for adoption; or

(C) be placed with a fit and willing relative or legal guardian.

(b) Case plan. The court shall adopt a case plan designed to achieve the permanency goal. At the permanency review, the court shall review the permanency plan and determine whether the plan advances the permanency goal recommended by the Department. The court may accept or reject the plan but may not designate a particular placement for a child in the Department's legal custody.

(c) Frequency. A permanency review hearing shall be held no less than every 12 months with the first hearing to be held 12 months after the date the legal custody of the child was transferred, subject to the following exceptions:

(1) If the child was three years of age or younger at the time of the initial transfer of legal custody, the court may order that permanency review hearings be held as frequently as every three months.

(2) If the child is between the ages of three and six at the time of the initial transfer of legal custody, the court may order that permanency review hearings be held as frequently as every six months.

(d) Siblings. If the court shortens the time for the permanency review hearing for a younger sibling, that shortened review interval shall be applied to all siblings in the family who are in the legal custody of the Department.

(e) Notice.

(1) The Department shall file with the court a notice of permanency review together with a case plan and recommendation for a permanency goal. The Department shall provide notice to the State's Attorney having jurisdiction and to all parties to the proceeding in accordance with the rules for family proceedings. The court shall hold a permanency review hearing within 30 days of the filing of notice by the Department. Failure to give such notice or to review an order shall not terminate the original order or limit the court's jurisdiction.

(2) A foster parent, preadoptive parent, or relative caregiver for the child shall be provided notice of and an opportunity to be heard at any permanency hearing held with respect to the child. Nothing in this subsection shall be construed as affording such person party status in the proceeding.

(f) Evidence. All evidence helpful in determining the questions presented, including hearsay, may be admitted and relied upon to the extent of its probative value even though not competent at an adjudication hearing.

(g) Administrative body. The permanency hearing may be held by an administrative body appointed or approved by the court. The administrative body may consist of one but not more than three persons. No person employed by the Department shall be a member of the administrative body. In the event that the administrative body determines that the existing order should be altered, it shall submit its recommendation to the court for its consideration. In the event that the administrative body determines that the existing order should not be altered, its determination shall be binding unless any party requests review by the court within 10 days of receipt of the determination. A copy of the determination shall be sent to each party and to the court. The court, on its own motion or on the request of any party, shall conduct a review de novo within 30 days of receipt of such request.

(h) Best efforts of Department. Upon the filing of a petition for a finding of reasonable efforts and a report or affidavit by the Department for Children and Families with notice to all parties, the court shall hold a hearing within 30 days of the filing of the petition to determine, by a preponderance of the evidence, whether the Department for Children and Families has made reasonable efforts to finalize the permanency plan for the child that is in effect at the time of the hearing. The hearing may be consolidated with or separate from a permanency hearing. Reasonable efforts to finalize a permanency plan may consist of:

(1) reasonable efforts to reunify the child and family following the child's removal from the home, where the permanency plan for the child is reunification; or

(2) reasonable efforts to arrange and finalize an alternate permanent living arrangement for the child, in cases where the permanency plan for the child does not include reunification.
33 V.S.A. § 403 — VT Code / Title 33 / Chapter 4 / Section 403
§ 403. Financial institutions to furnish information
Status: in_force

(a) As used in this section:

(1) “Bank” shall have the same meaning as in 8 V.S.A. § 11101.

(2) “Broker-dealer” shall have the same meaning as in 9 V.S.A. § 5102.

(3) “Credit union” shall have the same meaning as in 8 V.S.A. § 30101.

(4) “Financial institution” means any financial services provider, including a bank, credit union, broker-dealer, investment advisor, mutual fund, or investment company.

(5) “Investment advisor” shall have the same meaning as in 9 V.S.A. § 5102.

(6) “Mutual fund” shall have the same meaning as in 8 V.S.A. § 3461.

(b) A financial institution, when requested by the Commissioner of Vermont Health Access, shall furnish to the Commissioner or to an agent of the Department of Vermont Health Access information in the possession of the financial institution with reference to any person or his or her spouse who is applying for or is receiving assistance or benefits from the Department of Vermont Health Access. The Department of Vermont Health Access shall issue instructions to the financial institution detailing the nature of the request and the information necessary to satisfy the request.

(c) A financial institution shall not be subject to criminal or civil liability for actions taken in accordance with subsection (b) of this section.
33 V.S.A. § 6933 — VT Code / Title 33 / Chapter 69 / Section 6933
§ 6933. Request for relief
Status: in_force

(a) A vulnerable adult, Adult Protective Services staff, or an interested person on behalf of a vulnerable adult may seek relief from abuse, neglect, or exploitation by filing a petition requesting one or more of the following orders:

(1) an order that the defendant refrain from abusing, neglecting, or exploiting the vulnerable adult;

(2) an order that the defendant immediately vacate the household;

(3) an order that the defendant shall not contact or communicate with the vulnerable adult either directly or through a third party;

(4) an order that the defendant shall not come within a fixed distance from the vulnerable adult;

(5) an order that the defendant shall not stalk, as defined in 12 V.S.A. § 5131, the vulnerable adult;

(6) an order to deliver care plans, medicines, physicians' orders, and medical records to the vulnerable adult or the vulnerable adult's representative;

(7) an order to cooperate in the transfer of the vulnerable adult's care to ensure the vulnerable adult's safety and well-being;

(8) an order to immediately return any cash, checks, money, or property belonging to the vulnerable adult in the defendant's possession;

(9) an order to immediately return any personal documentation regarding the vulnerable adult, including identification documents, insurance information, financial records, and immigration documentation;

(10) an order that the defendant shall not access, dispose of, take, or transfer funds, accounts, or property from the vulnerable adult or any account in the name of the vulnerable adult;

(11) an order to cease any access, sharing, or use of identifying information, image, or likeness of the vulnerable adult;

(12) an order regarding possession, care, and control of any animal owned, possessed, leased, kept, or held as a pet by the vulnerable adult; and

(13) such other orders as deemed necessary to protect the vulnerable adult.

(b) No filing fee shall be required.
33 V.S.A. § 1901p — VT Code / Title 33 / Chapter 19 / Section 1901p
§ 1901p. Medicaid coverage for doula services [Effective on later of July 1, 2026 or approval of state plan amendment]
Status: in_force

(a) As used in this section, “certified community-based perinatal doula” means a community-based perinatal doula who holds a certificate issued pursuant to 26 V.S.A. chapter 84.

(b)(1) The Department of Vermont Health Access shall provide reimbursement to a certified community-based perinatal doula for providing direct emotional and physical support and educational and informational services to birthing individuals covered by Medicaid during pregnancy, labor and delivery, and the postpartum period, regardless of the outcome of the pregnancy.

(2) A certified community-based perinatal doula shall not receive reimbursement for travel time or mileage expenses.
33 V.S.A. § 6902 — VT Code / Title 33 / Chapter 69 / Section 6902
§ 6902. Definitions
Status: in_force

As used in this chapter:

(1) “Abuse” means:

(A) Any medical treatment that purposely, knowingly, or recklessly places the life, health, or welfare of a vulnerable adult in jeopardy or is likely to result in impairment of health to the vulnerable adult.

(B) Any conduct committed purposely, knowingly, or recklessly that is likely to cause unnecessary harm, unnecessary pain, or unnecessary suffering to a vulnerable adult or places the life, health, or welfare of a vulnerable adult in jeopardy or is likely to result in impairment of health to the vulnerable adult.

(C) Confinement, seclusion, restraint, or interference with the freedom of movement of a vulnerable adult, unless necessary to ensure the health and safety of the vulnerable adults or others.

(D)(i) Any sexual activity or acts of a sexual nature with a vulnerable adult by a caregiver. This definition shall not apply to a consensual relationship between a vulnerable adult and a spouse or household member as defined in 15 V.S.A. § 1101, or to a consensual relationship between a vulnerable adult and a caregiver hired, supervised, and directed by the vulnerable adult.

(ii) Any sexual activity or acts of a sexual nature with a vulnerable adult when the vulnerable adult does not consent or when the individual knows or should know that the vulnerable adult is incapable of resisting or consenting to the sexual activity due to age, disability, or fear of retribution or hardship, regardless of whether the individual has actual knowledge of the adult's status as a vulnerable adult.

(E) Purposely or recklessly subjecting a vulnerable adult to behavior that a reasonable person would expect to result in serious emotional or psychological distress, including intimidation, fear, humiliation, degradation, agitation, or disorientation.

(F) Administration, or threatened administration, of a drug or substance to a vulnerable adult for a purpose other than legitimate and lawful medical or therapeutic treatment.

(G) Wrongful denial or withholding of necessary medication, care, durable medical equipment, or treatment.

(H) Use of deception, force, threat, undue influence, harassment, duress, or fraud to induce a vulnerable adult to request or consent to receive or refuse treatment.

(2) “Activities of daily living” means dressing and undressing, bathing, personal hygiene, bed mobility, toilet use, transferring, mobility in and around the home, communication, and eating.

(3) “Acts of a sexual nature” means fondling, exposure of genitals, and lewd and lascivious conduct.

(4) “Adult” means any individual who is 18 years of age or older.

(5) “Alleged perpetrator” means the individual alleged to have abused, neglected, or exploited the alleged victim.

(6) “Alleged victim” means the individual who is alleged to have been abused, neglected, or exploited by the alleged perpetrator.

(7) “Assessment” means a process by which Adult Protective Services gathers additional information to determine if an investigation should be opened.

(8) “Care” means subsistence, medical services, personal care services, mental health services, or rehabilitative services and includes assistance with activities of daily living or instrumental activities of daily living.

(9) “Caregiver” means:

(A) a worker or employee in a facility or program that provides care to an adult who is an elder or has a disability and who has assumed the responsibility voluntarily, by contract, or by an order of the court; or

(B) a person with a designated responsibility for providing care to a person that is required because of the person's age or disability.

(10) “Commissioner” means the Commissioner of Disabilities, Aging, and Independent Living.

(11) “Department” means the Department of Disabilities, Aging, and Independent Living.

(12) “Employer” means a person or organization who employs or contracts with one or more individuals to care for vulnerable adults, on either a paid or volunteer basis.

(13) “Exploitation” means:

(A) willfully or knowingly using, withholding, transferring, or disposing of funds or property of a vulnerable adult without or in excess of legal authority to the detriment of a vulnerable adult;

(B) purposeful unauthorized access, sharing, or use of identifying information, image or likeness, personal accounts, or documents of a vulnerable adult without or in excess of legal authority to the detriment of the vulnerable adult or for the wrongful profit or advantage of another;

(C) breach of duty by a guardian, agent, or other fiduciary to the detriment of a vulnerable adult;

(D) acquiring or attempting to acquire possession or control of or an interest in funds or property of a vulnerable adult through the use of deception, force, threat, undue influence, harassment, duress, or fraud;

(E) refusing to return or surrender possession or control of an interest in funds or property of a vulnerable adult upon the request of a vulnerable adult or the vulnerable adult's representative;

(F) knowingly failing to use a vulnerable adult's income and assets for the necessities required for that vulnerable adult's support and maintenance; or

(G) influencing or persuading a vulnerable adult to perform services with substandard compensation for the profit or advantage of another.

(14) “Expungement” means the removal of an individual's name and associated identifying information from the Adult Abuse Registry.

(15) “Instrumental activities of daily living” means meal preparation, medication management, phone use, money management, household maintenance, housekeeping, laundry, shopping, transportation, and care of adaptive equipment.

(16) “Interested person” means a representative of the vulnerable adult; Adult Protective Services staff; the Commissioner of Disabilities, Aging, and Independent Living; or the Commissioner's designee.

(17) “Investigative summary report” means the document that summarizes the investigation conducted by Adult Protective Services and includes a recommendation to substantiate or unsubstantiate the investigated allegations against the alleged perpetrator.

(18) “Lewd or lascivious conduct” has the same meaning as in 13 V.S.A. § 1375.

(19) “Maltreatment” means abuse, neglect, or exploitation as defined in this section. “Maltreatment” does not include self-neglect.

(20) “Mandatory reporter” means an individual with an obligation to report allegations of maltreatment of vulnerable adults pursuant to 6903 of this title.

(21)(A) “Neglect” means purposeful, knowing, or reckless failure or omission by a caregiver that has resulted in, or could be expected to result in, physical or psychological harm, including a failure or omission to:

(i) provide care or arrange for goods or services necessary to maintain the health or safety of a vulnerable adult, including food, clothing, medicine, shelter, supervision, and medical services, unless the caregiver is acting pursuant to the wishes of the vulnerable adult or the vulnerable adult's representative, or an advance directive, as defined in 18 V.S.A. § 9701;

(ii) make a reasonable effort, in accordance with the authority granted the caregiver, to protect a vulnerable adult from abuse, neglect, or exploitation by others;

(iii) carry out a plan of care for a vulnerable adult unless the caregiver is acting pursuant to the wishes of the vulnerable adult or the vulnerable adult's representative, or an advance directive, as defined in 18 V.S.A. § 9701; or

(iv) report significant changes in the health status of a vulnerable adult to a physician, nurse, or immediate supervisor, when the caregiver is employed by an organization that offers, provides, or arranges for personal care.

(B) Neglect does not include self-neglect.

(22) “Plan of care” means a medically approved plan of treatment, protocol, individual care plan, rehabilitative plan, plan to address activities of daily living, or similar procedure describing the care, treatment, or services to address a vulnerable adult's physical, psychological, or rehabilitative needs.

(23) “Protective services” means services, actions, measures, or interventions that are intended, through voluntary agreement or through appropriate court action, to prevent further neglect, abuse, or exploitation of a vulnerable adult. Such services may include referrals, petitioning for relief from abuse, or petitioning for the appointment of a guardian.

(24) “Provider” means an individual, organization, or entity that provides care to adults known to be vulnerable.

(25) “Recommendation for substantiation” means that an investigation has been conducted and the Adult Protective Services investigator has concluded that the preponderance of the evidence discovered in the course of the investigation would lead a reasonable person to believe that the alleged perpetrator abused, neglected, or exploited the vulnerable adult.

(26) “Report” means the statements provided to Adult Protective Services from a reporter alleging that a vulnerable adult has been abused, neglected, or exploited.

(27) “Reporter” means the person who has submitted a report to Adult Protective Services.

(28) “Representative” means a court-appointed guardian, an agent acting under an advance directive executed pursuant to 18 V.S.A. chapter 231, or an agent under a power of attorney, unless otherwise specified in the terms of the power of attorney.

(29)(A) “Self-neglect” means an adult's inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including:

(i) obtaining essential food, clothing, shelter, and medical care;

(ii) obtaining goods and services necessary to maintain physical health, mental health, or general safety; or

(iii) managing one's own financial affairs.

(B) The term “self-neglect,” which is not maltreatment by another and is distinct from the definition of “neglect,” excludes individuals who make a conscious and voluntary choice not to provide for certain basic needs as a matter of lifestyle, personal preference, or religious belief and who understand the consequences of their decision.

(30) “Sexual activity” means a sexual act as defined in 13 V.S.A. § 3251other than appropriate medical care or personal hygiene.

(31) “Substantiated” means that the Commissioner or the Commissioner's designee has determined, after the investigation, that a report demonstrates, by a preponderance of the evidence, that the vulnerable adult has been abused, neglected, or exploited by the alleged perpetrator.

(32) “Unsubstantiated” means that an investigation has been conducted without a recommendation of substantiation. “Unsubstantiated” does not imply that maltreatment of a vulnerable adult by an alleged perpetrator did or did not occur. Reasons for unsubstantiation include:

(A) the Adult Protective Services investigator's conclusion that the preponderance of the evidence would not lead a reasonable person to believe that the alleged perpetrator had abused, neglected, or exploited the vulnerable adult;

(B) evidence that the alleged victim is not vulnerable;

(C) evidence that maltreatment did not occur; or

(D) a lack of sufficient evidence to demonstrate that the alleged victim meets the definition of a vulnerable adult or that maltreatment occurred.

(33) “Volunteer” means an individual who, without compensation, provides services through a private or public organization.

(34) “Vulnerable adult” means any person 18 years of age or older who:

(A)(i) is a resident of a facility required to be licensed under chapter 71 of this title;

(ii) is a resident of a psychiatric hospital or a psychiatric unit of a hospital;

(B) was receiving assistance with personal care services for more than one month from a designated home health agency or from a person or organization that offers, provides, or arranges for personal care or is determined to be clinically eligible to receive Long-Term Medicaid waiver services; or

(C) regardless of residence or whether any type of service is received, has a physical, mental, or developmental disability; infirmities as a result of brain damage or a mental condition; or infirmities of aging resulting in:

(i) impairment of the individual's ability to independently engage in activities of daily living or instrumental activities of daily living or to provide for some aspect of the adult's own personal care without assistance; or

(ii) some impairment of the adult's ability to protect the adult from abuse, neglect, or exploitation.
33 V.S.A. § 2007 — VT Code / Title 33 / Chapter 19 / Section 2007
§ 2007. Canadian Prescription Drug Information Program
Status: in_force

The Department of Vermont Health Access shall establish a website and prepare written information to offer guidance to Vermont residents seeking information about ordering prescription drugs through the mail or otherwise from a participating Canadian pharmacy.
33 V.S.A. § 1101 — VT Code / Title 33 / Chapter 11 / Section 1101
§ 1101. Definitions
Status: in_force

As used in this chapter:

(1) “Able to work” means to be free of any physical, emotional, or mental condition that would prevent the individual from engaging in any combination of the work activities identified in subdivisions (28)(A) through (E) of this section for at least 35 hours per week.

(2) “Able to work part time” means having a physical, emotional, or mental condition that would allow the individual to engage in any combination of the work activities identified in subdivisions (28)(A) through (E) of this section for at least 10 hours per week but would prevent the individual from engaging in such activities for 35 or more hours per week.

(3) “Adult” means an individual who:

(A) is 18 years of age or older and not a dependent child; or

(B) is under 18 years of age and:

(i) is pregnant; or

(ii) is a parent who is the caretaker for a dependent child.

(4) “Assessment” means the information-gathering process, carried out by the Department's established protocol, that identifies an individual's skills, aptitudes, interests, life and work experience, and barriers, and the determination of how these factors relate to the individual's current or potential participation in the labor force and his or her family responsibilities. Where appropriate, this process includes the use of tests, other standardized measurement tools, and referrals to relevant professionals for evaluation or diagnosis. The Department shall use the information gathered as part of this process in developing the individual's family development plan as well as, where applicable, assessing the appropriateness and feasibility of the individual's education, training, and employment goals and determining the individual's ability to work. The Department shall include a process to determine the development and well-being of the children in the family.

(5) “Barrier” means any physical, emotional, or mental condition; any lack of an educational, vocational, or other skill or ability; and any lack of transportation, child care, housing, medical assistance, or other services or resources, domestic violence circumstances, caretaker responsibilities, or other conditions or circumstances that prevent an individual from engaging in employment or other work activity.

(6) “Caretaker” means an individual 18 years of age or older who is fulfilling a parental role in caring for a dependent child by providing physical care, guidance, and decision making related to the child's health, school, medical care, and discipline.

(7) “Case management” means the services provided by or through the Department to participating families, including assessment, information, referrals, and assistance in the preparation and implementation of a family development plan under section 1107 of this title.

(8) “Commissioner” means the Commissioner for Children and Families or his or her designee.

(9) “Department” means the Department for Children and Families.

(10) “Dependent child” means a child who is a resident of this State and:

(A) is under 18 years of age; or

(B) is 18 years of age or older who is a full-time student in a secondary school, or attending an equivalent level of vocational or technical training, and is reasonably expected to complete the educational program before reaching 22 years of age or is not expected to complete the educational program before reaching 22 years of age solely due to a documented disability.

(11) “Eligible family” means a family that is determined to be financially eligible for the programs authorized by this chapter, in accordance with rules adopted by the Commissioner.

(12) “Family” means:

(A) one or more dependent children living with one or both parents or a relative or caretaker of such children; or

(B) a pregnant individual.

(13) “Financial assistance” means cash, payments, electronic or direct payments for a family's housing or other expenses, and other forms of benefits designed to meet a family's ongoing basic needs that are available through the Reach Up program. A family's ongoing basic needs include food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses.

(14) “Living with a relative or caretaker” means living with a caretaker or relative in a residence maintained by the caretaker or one or more relatives as his or her or their home.

(15) “Parent” means:

(A) the same as in 15C V.S.A. § 102(16);

(B) stepparents; and

(C) pregnant individuals.

(16) “Participant” or “participating adult” means an adult member of a participating family.

(17) “Participating family” means an eligible family that participates in the Reach Up program.

(18) “Reach Ahead” means the program established in chapter 12 of this title.

(19) “Reach First” means the program established in chapter 10 of this title.

(20) “Reach Up” means the program administered by the Department that assists and enables eligible families to become self-sufficient by providing financial assistance and Reach Up services.

(21) “Reach Up services” means the service component of the Reach Up program consisting of case management services, support services, and referrals provided to eligible families to assist them in becoming self-sufficient.

(22) “Relative” means a person related to a dependent child, as defined by the Department by rule.

(23) “Resources” means any income and property available from whatever source.

(24) “Secretary” means the Secretary of Human Services or his or her designee.

(25) “Subsidized job” means employment for which the employer receives a subsidy from TANF funds or other public funds to offset some or all of the wages and costs of employing a participant.

(26) “Temporary Assistance to Needy Families” or “TANF” means the block grant provided to this State and established in accordance with Part A of Title IV of the federal Social Security Act, as amended, and the regulations promulgated under the Act by the U.S. Secretary of Health and Human Services.

(27) “Unable to work” means not able to work and not able to work part time.

(28) “Work activities” means the following activities, limited to the extent and degree that they are allowed and countable in accordance with Part A of Title IV of the Social Security Act:

(A) unsubsidized employment;

(B) subsidized private sector employment;

(C) subsidized public sector employment;

(D) work experience (including work associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available;

(E) on-the-job training;

(F) job search and job readiness assistance;

(G) community service programs;

(H) vocational educational training (not to exceed 12 months with respect to any individual);

(I) job skills training directly related to employment;

(J) education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency;

(K) satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate;

(L) the provision, consistent with the Department's rules applicable to self-employment, of child care services to an individual who is participating in a community service program;

(M) attendance at a financial literacy class; and

(N) any other work activity recognized in accordance with Part A of Title IV of the Social Security Act as amended.

(29) “Work-ready” means the participant possesses the education or skills demanded by the local job market or is capable of participating in one or more work activities at the level required by the participant's work requirement, and is not subject to any barrier.
33 V.S.A. § 1011 — VT Code / Title 33 / Chapter 10 / Section 1011
§ 1011. Transition to other programs
Status: repealed

(a) The Department shall transfer the family to Reach Up, a separate State program, or a solely State-funded program established under chapter 11 of this title if, after four months of receiving support in Reach First or sooner at the Department's discretion, a family is assessed to need ongoing financial assistance and the family is financially eligible for Reach Up, a separate State program, or a solely State-funded program established under chapter 11 of this title, unless the family chooses not to participate.

(b) [Repealed.]

(c) [Repealed.]

(d) A family transferring to another program under subsections (a) through (c) of this section shall not be required to complete a new application. Verification of income or other documentation may be required as provided for by rule.

(e) Transitional medical assistance of up to 36 months shall be provided to families with a working adult who leaves Reach First and is not eligible for Reach Up, as provided for in the Vermont Medicaid rule M302.21 in effect on May 1, 2007, provided that federal financial participation is available for such transitional medical assistance.
33 V.S.A. § 1808 — VT Code / Title 33 / Chapter 18 / Section 1808
§ 1808. Financial integrity
Status: in_force

(a) The Vermont Health Benefit Exchange shall:

(1) keep an accurate accounting of all activities, receipts, and expenditures and submit this information annually as required by federal law; and

(2) cooperate with the Secretary of the U.S. Department of Health and Human Services or the Inspector General of the U.S. Department of Health and Human Services in any investigation into the affairs of the Vermont Health Benefit Exchange, any examination of the properties and records of the Vermont Health Benefit Exchange, or any requirement for periodic reports in relation to the activities undertaken by the Vermont Health Benefit Exchange.

(b) In carrying out its activities under this subchapter, the Vermont Health Benefit Exchange shall not use any funds intended for the administrative and operational expenses of the Vermont Health Benefit Exchange for staff retreats, promotional giveaways, excessive executive compensation, or promotion of federal or State legislative or regulatory modifications.
33 V.S.A. § 1910 — VT Code / Title 33 / Chapter 19 / Section 1910
§ 1910. Liability of third parties; liens
Status: in_force

(a) The Agency shall have a lien against a third party, to the extent of the amount paid by the Agency for medical expenses, on any recovery for that claim, whether by judgment, compromise, mediation, or settlement, whenever:

(1) the Agency pays medical expenses for or on behalf of a recipient who has been injured or has an illness or disease as a result of negligence; and

(2) the recipient asserts a claim against a third party for damages resulting from the injury, illness, or disease.

(b)(1) The Agency shall have a lien against the insurer, to the extent of the amount paid by the Agency for past medical expenses, on any recovery from the insurer, whenever the Agency pays medical expenses or renders medical services on behalf of a recipient who has been injured or has an injury, illness, or disease and the recipient asserts a claim against an insurer as a result of the injury, illness, or disease.

(2) Effective July 1, 2013, the recipient's insurer or alleged liable party's insurer, if any, shall take reasonable steps to discover the existence of the Agency's medical assistance. Payment to the recipient instead of the Agency does not discharge the insurer from payment of the Agency's claim.

(c) A recipient who has applied for or has received medical assistance under this subchapter and the recipient's attorney, if any, shall cooperate with the Agency by informing the Agency in writing within a reasonable period of time after learning that the Agency has paid medical expenses for the recipient. The recipient's attorney shall take reasonable steps to discover the existence of the Agency's medical assistance.

(d) Any written notice provided to the Agency pursuant to subsection (c) of this section shall disclose the identity and address of any third party and his, her, or its insurer against whom the recipient has a right of recovery, and the name of the court in which the legal recovery action, if any, was brought.

(e)(1) A recipient or an attorney on behalf of a recipient shall allocate the full amount paid by the Agency for past medical expenses to or for any recovery obtained by whatever means.

(2) A recipient or an attorney on behalf of a recipient shall pay to the Agency, within 30 days after receipt of settlement proceeds or recovery of a judgment, the full amount of the medical expenses owed to the Agency. If full payment of the required sum is not made to the Agency within the 30-day period, the recipient or his or her attorney shall place a sum equal to the full amount of the medical expenses paid in an escrow account pending an agreement, mediation, or judicial determination of the Agency's right to the amount.

(3) The Agency's lien for its medical expenditures relating to the recipient's injury, illness, or disease shall be given priority over all other claims on the total amount recovered.

(4) In making the determination whether to pursue, reduce, or compromise a claim, the Agency may in its discretion consider the factual, evidentiary, and legal issues of liability between the recipient and any liable third party and the total amount available to satisfy the recipient's claim. Where the amount of reimbursement the Agency can reasonably expect to recover exceeds the costs of such recovery, the Agency shall not be required to seek reimbursement from or may reduce or compromise a claim against any liable third party, the insurer, or both. Whether or not the Agency exercises its discretion shall not be subject to any claim of abuse of discretion.

(f) A lien created under this section shall not be effective unless:

(1) notice of the lien is filed in the office of the clerk of the town in which the Agency is located and contains the name and address of the recipient, acknowledgment of the recipient's application for or receipt of medical assistance, and the name of the person alleged to be liable; and

(2) the Agency mails a notice of the lien with a statement of the date it was filed to the person alleged to be liable.

(g) The Agency shall send a copy of the notice of the lien required by subsection (f) of this section to the following persons, if the appropriate names and addresses can be determined:

(1) the recipient for whom the Department has paid medical expenses;

(2) any insurance carrier that may be ultimately liable; and

(3) any attorney for the recipient.

(h) Within 45 days after the filing of the notice of the lien, the Agency shall send an itemized statement of the medical expenses paid by the Agency for which the Agency seeks to perfect a lien to the persons listed in subsection (g) of this section. The notice provisions contained in this subsection may be waived by agreement of the parties.

(i) The Agency may, on behalf of a recipient, file a civil action in the Superior Court in Washington County against a liable third party, the third party's insurer, or both, to recover up to the full amount of medical expenses it has incurred on behalf of the recipient. The Agency may initiate this action only if:

(1) the recipient has not initiated legal proceedings against the third party within one year after the occurrence of the injury, illness, or disease resulting, at least in part, from the actions or omissions, including negligence, of the third party; and

(2) the time remaining under the statute of limitations for the action is six months or less.

(j) The Attorney General shall be responsible for initiating actions on behalf of the Agency.

(k) Whenever the Agency recovers under the lien and that recovery is the result of an action initiated by a recipient, the attorney for the recipient may withhold the Agency's pro rata share of reasonably necessary attorney's fees, costs, and expenses incurred in asserting the claim. If the Agency waives its right to reimbursement, it shall not be liable for any fees, costs, and expenses incurred by the recipient or attorney.

(l) In cases in which the court has determined the amount of recovery allocated for past medical expenses, the Agency's lien shall be limited to that amount.
33 V.S.A. § 2113 — VT Code / Title 33 / Chapter 21 / Section 2113
§ 2113. Action for recovery of expenditures
Status: in_force

Whenever a person who has received General Assistance from the Department owns or thereafter acquires real or personal property or an interest in real or personal property or becomes employed, the Department on behalf of the State of Vermont may recover on this statute against the person the amount the Department has expended for General Assistance furnished to the person or the person's family. If the person is deceased, the amount expended by the Department shall be allowed as a claim against the person's estate as a debt due the State. All statutory exemptions shall apply in the civil action. Statutes of limitations shall not be a defense or bar a debt due the State.
33 V.S.A. § 4917 — VT Code / Title 33 / Chapter 49 / Section 4917
§ 4917. Multidisciplinary teams; empaneling
Status: in_force

(a) The Commissioner or his or her designee may impanel a multidisciplinary team or a special investigative multitask force team, or both, wherever in the State there may be a probable case of child abuse or neglect that warrants the coordinated use of several professional services. These teams shall participate and cooperate with the local special investigation unit in compliance with 13 V.S.A. § 5415.

(b) The Commissioner or his or her designee, in conjunction with professionals and community agencies, shall appoint members to the multidisciplinary teams which may include persons who are trained and engaged in work relating to child abuse or neglect such as medicine, mental health, social work, nursing, child care, education, law, or law enforcement. The teams shall include a representative of the Department of Corrections. Additional persons may be appointed when the services of those persons are appropriate to any particular case.

(c) The empaneling of a multidisciplinary or special investigative multi-task force team shall be authorized in writing and shall specifically list the members of the team. This list may be amended from time to time as needed as determined by the Commissioner or his or her designee.
33 V.S.A. § 6915 — VT Code / Title 33 / Chapter 69 / Section 6915
§ 6915. Access to financial information
Status: in_force

(a) As used in this chapter:

(1) “A person having custody or control of the financial information” means:

(A) a bank as defined in 8 V.S.A. § 11101;

(B) a credit union as defined in 8 V.S.A. § 30101;

(C) a broker-dealer or investment advisor, as those terms are defined in 9 V.S.A. § 5102; or

(D) a mutual fund as defined in 8 V.S.A. § 3461.

(2) “Capacity” means an individual's ability to make and communicate a decision regarding the issue that needs to be decided.

(3) “Financial information” means an original or copy of, or information derived from:

(A) a document that grants signature authority over an account held at a financial institution;

(B) a statement, ledger card, or other record of an account held at a financial institution that shows transactions in or with respect to that account;

(C) a check, clear draft, or money order that is drawn on a financial institution or issued and payable by or through a financial institution;

(D) any item, other than an institutional or periodic charge, that is made under an agreement between a financial institution and another person's account held at a financial institution;

(E) any information that relates to a loan account or an application for a loan;

(F) information pertaining to an insurance or endowment policy, annuity contract, contributory or noncontributory pension fund, mutual fund, or security, as defined in 9 V.S.A. § 5102; or

(G) evidence of a transaction conducted directly or by electronic or telephonic means, including surveillance video, access logs, IP addresses, and any other digital logs, documents, and metadata.

(4) “Financial institution” means any financial services provider licensed, registered, or otherwise authorized to do business in Vermont, including a bank, credit union, broker-dealer, investment advisor, mutual fund, or investment company.

(b)(1) A person having custody or control of the financial information of a vulnerable adult shall make the information or a copy of the information available to an Adult Protective Services investigator upon receipt of the investigator's written request or, in the instances described in subsections (d) and (e) of this section, upon receipt of a court order.

(2) The request shall include a statement signed by the account holder, if the account holder has capacity, or the account holder's guardian with financial powers or agent under a power of attorney consenting to the release of the information to the investigator.

(c) If the vulnerable adult lacks capacity and does not have a guardian or agent, or if the vulnerable adult lacks capacity and the vulnerable adult's guardian or agent is the alleged perpetrator, the request shall include a statement signed by the investigator asserting that all of the following conditions exist:

(1) The account holder is an alleged victim of abuse, neglect, or financial exploitation.

(2) The alleged victim lacks the capacity to consent to the release of the financial information.

(3) Law enforcement is not involved in the investigation or has not requested a subpoena for the information.

(4) The alleged victim will suffer imminent harm if the investigation is delayed while the investigator obtains a court order authorizing the release of the information.

(5) Immediate enforcement activity that depends on the information would be materially and adversely affected by waiting until the alleged victim regains capacity.

(6) The Commissioner has personally reviewed the request and confirmed that the conditions set forth in this subsection have been met and that disclosure of the information is necessary to protect the alleged victim from abuse, neglect, or financial exploitation.

(d) If a guardian refuses to consent to the release of the alleged victim's financial information, the investigator may seek review of the guardian's refusal by filing a motion with the Probate Division of the Superior Court pursuant to 14 V.S.A. § 3062(c).

(e) If an agent under a power of attorney refuses to consent to the release of the alleged victim's financial information, the investigator may file a petition in Superior Court pursuant to 14 V.S.A. § 4016 to compel the agent to consent to the release of the alleged victim's financial information.

(f) If an agent under a power of attorney refuses to consent to the release of the alleged victim's financial information, the investigator may file a petition in Superior Court pursuant to 14 V.S.A. § 4016 to compel the agent to consent to the release of the alleged victim's financial information.

(g) The person having custody or control of the financial information shall not require the investigator to provide details of the investigation to support the request for production of the information.

(h) The information requested and released shall be used only to investigate the allegation of abuse, neglect, or financial exploitation or for the purposes set forth in subdivision 6911(b)(3) of this title and shall not be used against the alleged victim.

(i) The person having custody or control of the financial information shall provide the information to the investigator as soon as possible but, absent extraordinary circumstances, not later than 10 business days following receipt of the investigator's written request or receipt of a court order or subpoena requiring disclosure of the information.

(j) A person who in good faith makes an alleged victim's financial information or a copy of the information available to an investigator in accordance with this section shall be immune from civil or criminal liability for disclosure of the information unless the person's actions constitute gross negligence, recklessness, or intentional misconduct. Nothing in this section shall be construed to provide civil or criminal immunity to a person suspected of having abused, neglected, or exploited a vulnerable adult.
33 V.S.A. § 151 — VT Code / Title 33 / Chapter 1 / Section 151
§ 151. Licensing and registration; violations
Status: in_force

This subchapter shall apply to all licenses, registrations, and applications for licenses and registrations that the Commissioner or the Department may issue or grant unless otherwise specifically provided.

(1) The Commissioner shall adopt rules governing applications for and issuance, revocation, term, and renewal of licenses and registrations. In the rules, the Commissioner may prescribe standards and conditions to be met, records to be kept, and reports to be filed. Licenses and registration shall be for a term of one year from issuance unless otherwise prescribed by rule.

(2) Premises covered by a license or registration may be visited and inspected by the Department at reasonable hours. A person who accepts a license or registration shall permit visits and inspections and examinations of the records he or she is required to keep.

(3) A license or registration may be revoked for cause after hearing and may be suspended in situations that immediately imperil the health, safety, or well-being of persons in the care of the licensee or registrant.

(4) Before a license is granted, the Department shall visit and inspect the premises for which the license is requested and make further inquiry and investigation as the Commissioner may direct. Before a family child care home registration is granted, the Department shall make inquiry and investigation. Inquiry and investigation may include a visit to and inspection of the premises for which the registration is requested. Further inquiry and investigation may be made as the Commissioner may direct.

(5) Whenever the Attorney General has reason to believe that a facility required by the Commissioner to be licensed or registered is being operated without such license or registration, the Attorney General may bring an action for equitable relief in the name of the State against the operator of such facility to restrain such operation. The action may be brought in the Superior Court of the county in which the facility is located. The court is authorized to grant equitable relief to restrain and prevent such operation.

(6) Any person who violates the terms of an injunction or restraining order issued under subdivision (5) of this section shall forfeit and pay to the State a civil penalty of not more than $100.00 for each violation. In such cases, the Attorney General acting in the name of the State may petition for recovery of such civil penalty.

(7) Whenever the Department determines that a licensed child care facility or registered family child care home has violated a health or safety rule, the facility or home shall post the Department's notice of violation in a conspicuous place in the facility or home. In the case of a serious violation, as defined by the Department by rule, the facility or home shall also notify by mail a person responsible for the welfare of each child attending that facility or home. A serious violation shall include violation of group size and staffing requirements and any violation involving a situation that immediately imperils the health, safety, or well-being of persons in the care of the licensee or registrant.
33 V.S.A. § 5314 — VT Code / Title 33 / Chapter 53 / Section 5314
§ 5314. Filing of initial case plan
Status: in_force

(a) If a temporary care order is issued transferring legal custody of the child to the Commissioner, the Department shall prepare and file with the court an initial case plan for the child and the family within 60 days of removal of a child from home. The Department shall provide a copy of the case plan to the parties, their attorneys, and the guardian ad litem.

(b) The initial case plan shall not be used or referred to as evidence prior to a finding that a child is in need of care or supervision.
33 V.S.A. § 5108 — VT Code / Title 33 / Chapter 51 / Section 5108
§ 5108. Authority to issue warrants
Status: in_force

(a) The court may order a parent, guardian, or custodian to appear at any hearing or to appear at the hearing with the child who is the subject of a petition.

(b) If, after being summoned, cited, or otherwise notified to appear, a party fails to do so, the court may issue a warrant for the person's appearance.

(c) If the child is with the parent, guardian, or custodian, the court may issue a warrant for the person to appear in court with the child or, in the alternative, the court may issue an order for an officer to pick up the child and bring the child to court.

(d) If a summons cannot be served or the welfare of the child requires that the child be brought forthwith to the court, the court may issue a warrant for the parent, guardian, or custodian to appear in court with the child. In the alternative, the court may issue an order for an officer to pick up the child and bring the child to court during court hours.

(e) A person summoned who fails to appear without reasonable cause may be found in contempt of court.
33 V.S.A. § 1133 — VT Code / Title 33 / Chapter 11 / Section 1133
§ 1133. Transition to other programs
Status: in_force

(a) The Department shall transfer the family to Reach Up, a separate State program, or a solely State-funded program established under chapter 11 of this title if, after four months of receiving support in Reach First or sooner at the Department's discretion, a family is assessed as needing ongoing financial assistance and the family is financially eligible for Reach Up, a separate State program, or a solely State-funded program established under chapter 11 of this title, unless the family chooses not to participate.

(b) If a family finds employment meeting or exceeding the work requirements for Reach Up for the family's size and composition, but is financially eligible for Reach Up, the Department shall transfer the family to Reach Up, unless the family chooses not to participate. A family transferring from Reach First to Reach Up shall be treated as a recipient for the purposes of income calculation.

(c) If a family finds employment meeting or exceeding the work requirements for Reach Up for the family's size and composition, is not financially eligible for Reach Up, and is eligible for the Reach Ahead program, the Department shall transfer the family to Reach Ahead, unless the family chooses not to participate. A family transferring from Reach Up to Reach Ahead shall be treated as a recipient for the purposes of income calculation.

(d) A family transferring to another program under subsections (a) through (c) of this section shall not be required to complete a new application. Verification of income or other required documentation may be required as provided for by rule.
33 V.S.A. § 2110 — VT Code / Title 33 / Chapter 21 / Section 2110
§ 2110. Reimbursement for relief expenditures
Status: in_force

(a) If the Department fails to provide relief for a person, including a transient, the person or hospital relieving him or her may recover for the relief provided in an action on this statute against the State of Vermont.

(b) Notwithstanding subsection (a) of this section, no recovery may be had for any period in excess of 72 hours before notice is given to the Department if the plaintiff has failed to timely file the information required under subsection 2109(b) of this title.

(c) This section shall only be operative to the extent that funds are appropriated for it by the General Assembly.
33 V.S.A. § 6934 — VT Code / Title 33 / Chapter 69 / Section 6934
§ 6934. Notice
Status: in_force

Except as provided in section 6936 of this title, the court shall grant relief only after notice to the defendant and a hearing. If the petition is made by an interested person, notice shall be provided to the vulnerable adult and the court shall determine whether the vulnerable adult is capable of expressing the vulnerable adult's wishes with respect to the petition and if so, whether the vulnerable adult wishes to pursue the petition. If the court determines that the vulnerable adult is capable of expressing the vulnerable adult's opinion and does not wish to pursue the petition, the court shall dismiss the petition.
33 V.S.A. § 1005 — VT Code / Title 33 / Chapter 10 / Section 1005
§ 1005. Required services to participating families
Status: repealed

(a) The Commissioner shall provide to all eligible families an orientation and an initial, up-front assessment to determine which programs, referrals, or services are appropriate. The orientation shall provide the family with information about services and referrals available to the family, and the programs established under chapters 11 and 12 of this title, including program requirements, participant responsibilities, and incentives for participation and obtaining employment.

(b) If needed by the family to improve the family's prospects for job placement and job retention, the Commissioner shall provide participating families in-depth assessments of the full range of services needed by each family, intensive case management or case consultation services, referral to any agencies or programs that provide the services needed by participating families, and transition to other programs established under chapters 11 and 12 of this title. Services or referrals for services shall include:

(1) Appropriate child care, available at times that will enable employment or participation in services indicated by the participating family's family development plan. As used in this subdivision, “appropriate child care” shall not include:

(A) child care that the Department classifies as legally exempt child care, and that a parent or caretaker determines to be unacceptable; and

(B) child care that the Department classifies as either a registered family child care home or a licensed child care facility, and that a parent or caretaker determines to be unacceptable when such determination is confirmed by the Department.

(2) Transportation that will enable employment or participation in services indicated by the participating family's family development plan.

(3) Career counseling, education, and training, and job search assistance consistent with the purposes of this chapter.

(4) Vocational rehabilitation.

(5) Medical and dental assistance.

(6) Homelessness prevention and housing assistance.

(7) Family planning education and counseling.

(8) [Repealed.]

(9) Transfer to a State-funded program under chapter 11, subchapter 3 of this title, the Reach Up program, or the Reach Ahead program.

(10) Any other services identified in the family development plan and determined by the Commissioner to be necessary and appropriate to achieve the purposes of this chapter or chapter 11 of this title.
33 V.S.A. § 1121 — VT Code / Title 33 / Chapter 11 / Section 1121
§ 1121. Authorization to segregate State funds and create separate State and solely State-funded programs
Status: in_force

(a) Consistent with the purposes of this chapter, the Commissioner shall structure payment of appropriated TANF funds, State “maintenance of effort” funds, and general funds to create separate State and solely State-funded programs to aid families eligible for the financial assistance. For purposes of this chapter:

(1) “Separate State program” means a program in which State funds are used to fund the program, and these funds are counted toward the State's maintenance-of-effort requirement under TANF.

(2) “Solely State-funded program” means a program in which State funds are used to fund the program and are not counted toward the State's maintenance-of-effort requirement in order to maintain flexibility.

(b) The Commissioner shall establish by rule standards, requirements, and criteria for the administration of any program established pursuant to this section that requires rules different from the financial assistance program.

(c) Programs and payment structures created pursuant to this section shall accomplish one or more of the following purposes:

(1) to provide work supports and assistance to working families while preserving their ability to receive financial assistance beyond the federal TANF 60-month lifetime limit;

(2) to foster parental nurturing of children in their own homes;

(3) to stabilize families in crisis;

(4) to preserve financial assistance options beyond the federal TANF 60-month lifetime limit for families addressing multiple issues relating to self-sufficiency;

(5) to preserve eligibility for financial assistance for certain parents who are under 18 and legal aliens whom federal law makes ineligible for TANF-funded assistance; or

(6) to ensure that the State complies with the federal TANF program requirements and is able to avoid federal fiscal sanctions.

(d)(1) The following solely State-funded programs shall be established, in accordance with rules adopted by the Commissioner:

(A) the Postsecondary Education Program established under section 1122 of this title;

(B) a program for families with a single parent, a caretaker, or two parents with one parent who is able-to-work-part-time or unable-to-work that have a primary caretaker of a child under 24 months of age who chooses pursuant to subsection 1114(b) of this title to defer the work requirement and to remain at home caring for the child, provided that the deferment is limited to any 24 months over the primary caretaker's lifetime, and the elimination of such work requirement is not a State option under TANF; and

(C) a program for the following vulnerable families:

(i) a minor parent who is not meeting the TANF requirements; and

(ii) families who have received TANF-funded assistance for over 60 months and do not qualify for the hardship exemption as provided for by rule.

(2) Solely State-funded programs may be established, in accordance with rules adopted by the Commissioner, for the following individuals:

(A) families in which the parents or caretakers are ineligible immigrants, who are considered work-eligible under federal law but are unable to meet the number of hours in work activities required for the family to be counted as meeting the work requirement under federal law;

(B) adults who have been in sanction for more than three months;

(C) families in which the parents have disabilities;

(D) families in which one or more child has a disability and in which a family member is considered a work-eligible individual;

(E) families in which the parents or caretakers have an application pending for Supplemental Security Income; and

(F) two-parent households who are unable to meet the number of hours in work activities required for the family to be counted as meeting the work requirement under federal law, unless the federal law allows the State to exclude these families from the work participation rate or provides for an achievable work participation rate as determined by the Commissioner.

(e) The Reach Ahead program shall be a separate State program structured to pay appropriated State maintenance of effort funds to families in which the parent or caretaker is engaged in employment for the number of hours that meets the applicable TANF participation rate requirement.

(f) The Commissioner may establish other separate State and solely State-funded programs necessary to meet the goals established in this chapter.

(g)(1) Any family receiving or applying for Reach Up financial assistance who is being referred by the Department to apply for or who is applying for Supplemental Security Insurance (SSI) or aid to the aged, blind, or disabled (AABD) under chapter 13 of this title shall authorize the Department to reimburse the State for the amounts described in subdivision (2) of this subsection from any initial SSI payment owed the individual that includes SSI payment for retroactive amounts. The family shall authorize the Social Security Administration to send the initial SSI payment directly to the Department. The Department may require an individual to sign a recovery of financial assistance agreement as authorization.

(2) The Department may deduct an amount equal to the State-funded Reach Up financial assistance paid to the family for the needs of the SSI applicant during the period or periods in which the family received Reach Up financial assistance paid for with State funds. The deduction shall be for no more than the prorated portion of Reach Up financial assistance provided for those family members receiving SSI who are included in the SSI grant. The Department shall send any remainder due to the family within 10 days of receiving the payment from the Social Security Administration.

(h) In furtherance of the policy goals of this section and in order to establish an excess of maintenance-of-effort State funds, the Commissioner shall maximize maintenance-of-effort State funds in the reports to the U.S. Administration for Children and Families.
33 V.S.A. § 1007 — VT Code / Title 33 / Chapter 10 / Section 1007
§ 1007. Required participation
Status: in_force

(a) Each participating adult in a family receiving Reach First services shall participate in necessary assessments and developing a family development plan, if applicable, unless good cause exists for such noncompliance as defined by the Commissioner by rule. The Commissioner may use the same rules applicable to good cause as established in the Reach Up program.

(b)(1) If an adult does not comply with the following requirements without good cause, the Department shall initiate the conciliation process to determine the reason that the adult has not complied with the requirements and shall modify the requirements, if necessary, or provide the adult with a second opportunity to comply:

(A) The single parent or caretaker in a family who has no barriers to obtaining and maintaining a job and a recent and stable work history, including receiving wages for his or her most recent job that, when annualized, equal or exceed 150 percent of the federal poverty level applicable to the family, shall report to the Department of Labor for an immediate job search within two working days of having filed an application.

(B) The able-to-work adult in a two-parent family (when the other parent is able to work part time or unable to work) who has no barriers to obtaining and maintaining a job and a recent and stable work history, including receiving wages for his or her most recent job that, when annualized, equal or exceed 150 percent of the federal poverty level applicable to the family, shall report to the Department of Labor for an immediate job search within two working days of having filed an application.

(C) The adult in a two-parent family (when both parents are able to work) who is not the primary caretaker of the children shall report to the Department of Labor for an immediate job search within two working days of having filed an application.

(2) The Reach First payment may be withheld during the conciliation process and until the adult complies.

(3) If the adult does not report without good cause to the Department of Labor after the second opportunity, the adult shall be denied Reach First and Reach Up.

(c)(1) If an adult does not comply with the following requirements without good cause, the Department shall initiate the conciliation process to determine the reason that the adult has not complied with the requirements and shall modify the requirements, if necessary:

(A) Each participating adult shall participate in the development of his or her family development plan.

(B) Each participating adult who is not referred to the Department of Labor pursuant to this subsection shall report as directed by the Department for assessment and evaluation activities.

(C) Each participating adult shall begin to comply with his or her family development plan requirements as soon as possible, and not later than 10 days following identification of initial requirements at the initial family development plan meeting. Each participating adult shall continue to comply with such family development plan requirements until such time as the family is ineligible or transferred to Reach Up or Reach Ahead. If a family is transferred to another program, the rules of that program apply.

(2) If conciliation is unsuccessful, the Department may apply the Reach Up sanctions and transfer the family to the Reach Up program for further case management and other services.
33 V.S.A. § 5258a — VT Code / Title 33 / Chapter 52 / Section 5258a
§ 5258a. Duration of conditional custody orders postdisposition
Status: in_force

(a) Conditional custody orders to parents. Whenever the court issues a conditional custody order transferring custody to a parent either at or following disposition, the presumptive duration of the order shall be no more than six months from the date of the disposition order or the conditional custody order, whichever occurs later, unless otherwise extended by the court after hearing. At least 14 days prior to the termination of the order, any party may file a request to extend the order pursuant to subsection 5113(b) of this title. Upon such motion, the court may extend the order for an additional period of time not to exceed six months. Prior to vacating the conditional custody order, the court may schedule a hearing on its own motion to review the case prior to discharging the conditions. If a motion to extend is not filed, the court shall issue an order vacating the conditions and transferring full custody to the parent without conditions.

(b) Custody orders to nonparents.

(1) When the court at disposition issues an order continuing or transferring legal custody with a nonparent pursuant to subdivision 5232(b)(3) of this title, the court shall set the matter for a hearing six months from the date of disposition or custody order, whichever occurs later. At the hearing, the court shall determine whether it is in the best interests of the child to:

(A) transfer either full or conditional custody of the child to a parent;

(B) establish a permanent guardianship pursuant to 14 V.S.A. § 2664 with the nonparent who has had custody of the child as the guardian; or

(C) terminate residual parental rights and release the child for adoption.

(2) If, after hearing, the court determines that reasonable progress has been made toward reunification and that reunification is in the best interests of the child but will require additional time, the court may extend the current order for a period not to exceed six months and set the matter for further hearing.
33 V.S.A. § 3606 — VT Code / Title 33 / Chapter 36 / Section 3606
§ 3606. Bargaining unit
Status: in_force

(a) The bargaining unit shall be composed of licensed home child care providers, registered home child care providers, and legally exempt child care providers, as defined in this chapter, who have an agreement with the Department to accept a subsidy.

(b) Early care and education providers may select an exclusive representative for the purpose of collective bargaining by using the procedures in sections 3607 and 3608 of this chapter.

(c) The exclusive representative of the early care and education providers is required to represent all of the providers in the unit without regard to membership in the union.
33 V.S.A. § 7112 — VT Code / Title 33 / Chapter 71 / Section 7112
§ 7112. Confidential information
Status: in_force

(a) Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this chapter, except information that pertains to unsubstantiated complaints or the identity of residents and complainants, shall be made available to the public.

(b) Prior to release of information, the Commissioner shall consult with representatives from the nursing home industry and the Office of State Long-Term Care Ombudsman to develop:

(1) Guidelines for the release of information to the public that ensure the confidentiality and privacy of complainants and individuals who are receiving or have received care or services in nursing facilities in conformance with State and federal requirements.

(2) Indicators, derived from information databases maintained by the licensing agency and the Division of Rate Setting, which shall be disseminated to consumers in a readily understandable format designed to facilitate consumers' ability to compare the quality of care provided by nursing facilities. The Commissioner shall continually update quality indicators and refine and improve the information disseminated to consumers.
33 V.S.A. § 7206 — VT Code / Title 33 / Chapter 71 / Section 7206
§ 7206. Appointment of receiver; hearing and order
Status: in_force

(a) After the hearing on the merits, the court may appoint a receiver from the list provided by the licensing agency if it finds that one or more of the grounds set forth in section 7202 of this chapter is satisfied, and that the person is qualified to perform the duties of a receiver as provided for in section 7205 of this chapter. The court's determination of whether one or more of the grounds set forth in section 7202 of this chapter is satisfied shall be based on the condition of the facility at the time the complaint requesting the appointment of a receiver was filed.

(b) The court shall set a reasonable compensation for the receiver and may require the receiver to furnish a bond with surety as the court may require. Any expenditure, including the compensation of the receiver, shall be paid from the revenues of the facility.

(c) The court may order limitations and conditions on the authority of the receiver provided for in section 7207 of this chapter. The order shall divest the owner and licensee of possession and control of the facility during the period of receivership under the conditions specified by the court.

(d) An order issued pursuant to this section shall confirm on the receiver all rights and powers described in section 7207 of this chapter and shall provide the receiver with the authority to conduct any act authorized under this section, including managing the accounts, banking transactions, and payment of debts.

(e) An order appointing a receiver under this chapter has the effect of a license for the duration of the receivership and of suspending the license of the licensee. The receiver shall be responsible to the court for the conduct of the facility during the receivership, and a violation of rules and regulations governing the conduct of the facility, if not promptly corrected, shall be reported by the licensing agency to the court. The order shall not remove the obligation of the receiver to comply with all relevant State rules and federal regulations applicable to the facility.

(f) The court shall order regular accountings by the receiver at least semiannually.
33 V.S.A. § 2501 — VT Code / Title 33 / Chapter 25 / Section 2501
§ 2501. Home Weatherization Assistance Fund
Status: in_force

(a) There is created in the State Treasury a fund to be known as the Home Weatherization Assistance Fund to be expended by the Director of the State Office of Economic Opportunity in accordance with federal law and this chapter.

(b) The Fund shall be composed of the receipts from the gross receipts tax on retail sales of fuel imposed by section 2503 of this title, such funds as may be allocated from the Oil Overcharge Fund, such funds as may be allocated from the federal Low Income Energy Assistance Program, such funds as may be deposited or transferred into the Fund by the Vermont Low Income Trust for Electricity, and such other funds as may be appropriated by the General Assembly.

(c) All balances in the Fund at the end of any fiscal year shall be carried forward and remain part of the Fund. Interest earned by the Fund shall be deposited into the Fund. Disbursements from the Fund shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management. Disbursements may be made from the Fund only to support the programs established by this chapter or otherwise as authorized by this chapter.
33 V.S.A. § 2081 — VT Code / Title 33 / Chapter 19 / Section 2081
§ 2081. Rulemaking
Status: in_force

The Agency of Human Services shall adopt rules necessary to implement and administer the provisions of this subchapter, including standards and schedules establishing coverage and exclusion of pharmaceuticals and maximum quantities of pharmaceuticals to be dispensed, and to comply with the requirements of the Medicare Modernization Act.
33 V.S.A. § 6953 — VT Code / Title 33 / Chapter 69 / Section 6953
§ 6953. Other relief still available
Status: in_force

Nothing in this subchapter shall be construed to limit the availability of other causes of action or relief at law or equity to which a vulnerable adult may be entitled under other State or federal laws or at common law.
33 V.S.A. § 1206 — VT Code / Title 33 / Chapter 12 / Section 1206
§ 1206. Case management; family development plans; coordinated services
Status: in_force

The Commissioner may provide Reach Ahead services to participating families through a case management model. If a family needs case management, the Commissioner may develop a family development plan as provided for in chapters 10 and 11 of this title. If a case manager is assigned to the participating family who has been transferred from Reach First or Reach Up, if practicable, the case manager shall be the same case manager the family was assigned previously.
33 V.S.A. § 5311 — VT Code / Title 33 / Chapter 53 / Section 5311
§ 5311. Service of summons and petition; no request for temporary care order
Status: in_force

(a) When the State's Attorney files a petition but does not request a temporary care order, the court shall set a date for a preliminary hearing on the petition no later than 15 days from the date the petition is filed and issue a judicial summons addressed to the custodial parent, guardian, custodian, or care provider. A copy of the petition shall be attached to the summons. The court shall make reasonably diligent efforts to serve a noncustodial parent with a copy of the summons and petition.

(b) The summons shall contain:

(1) the name and address of the person to whom the notice is directed;

(2) the date, time, and place for the preliminary hearing on the petition;

(3) the name of the minor on whose behalf the petition has been brought;

(4) notice of a parent's right to counsel;

(5) a statement that the parent, guardian, or custodian may be liable for the cost of the support of a child if the child is placed in the legal custody of the Department; and

(6) an order directing the parent, guardian, custodian, or care provider to appear at the hearing with the child.

(c) The summons and petition may be served by mailing a copy by certified mail return receipt requested to the child and to the child's parent, guardian, custodian, or care provider. Service of the summons and petition may also be made by any sheriff, deputy, or constable. The court shall provide a copy of the summons to the State's Attorney and a copy of the summons and petition to the Department and the attorney for the child.

(d) Notice and a copy of the petition shall be served on all persons required to receive notice as soon as possible after the petition is filed and at least five days prior to the date set for the preliminary hearing.

(e) A party may waive service of the petition and notice by written stipulation or by voluntary appearance at the hearing.

(f) Once a parent, guardian, or custodian has been served, the court shall provide notice of hearing either directly or by mail. The parent shall be responsible for providing the court with information regarding any changes in address.
33 V.S.A. § 1950 — VT Code / Title 33 / Chapter 19 / Section 1950
§ 1950. Purpose
Status: in_force

(a) The purpose of this subchapter is to establish assessments on health care providers, which funds shall be used in the State's health care program in such a way as to be eligible for federal financial participation.

(b) The Secretary and the Commissioner shall interpret and administer the provisions of this subchapter so as to maximize federal financial participation and avoid disallowances of federal financial participation.

(c) If the purpose of this subchapter can no longer be accomplished, the Secretary of Human Services shall so notify the General Assembly on or before the following February 15.
33 V.S.A. § 1701 — VT Code / Title 33 / Chapter 17 / Section 1701
§ 1701. Supplemental Nutrition Assistance Program
Status: in_force

(a) The State of Vermont may participate in the federal Supplemental Nutrition Assistance Program (SNAP) pursuant to 7 U.S.C. chapter 51. The purpose of SNAP is to alleviate hunger and malnutrition among households with low income by increasing their food purchasing power and access to nutritious, safe food.

(b) An individual domiciled in Vermont shall be exempt from the disqualification provided for in 21 U.S.C. § 862a.

(c) The Commissioner may adopt, amend, or repeal rules governing the operation of the Program in the State pursuant to 3 V.S.A. chapter 25.

(d) As used in this chapter, “Commissioner” means the Commissioner for Children and Families and “Department” means the Department for Children and Families.
33 V.S.A. § 7509 — VT Code / Title 33 / Chapter 75 / Section 7509
§ 7509. Conflict of interest
Status: in_force

(a) The Department of Disabilities, Aging, and Independent Living and the Ombudsman shall identify organizational conflicts of interest that may impact the effectiveness and credibility of the Ombudsman's office and shall remove or remedy any such conflicts. Organizational conflicts include placement of the Ombudsman's office, or requiring that the Ombudsman or a representative of the Office perform conflicting activities, in an organization that:

(1) is responsible for licensing, surveying, or certifying long-term care facilities;

(2) is an association or an affiliate of an association of long-term care facilities or of any other entity that provides long-term care through the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration;

(3) has any ownership or investment interest in, or receives grants or donations from, a long-term care facility;

(4) has any officer or governing board member with any ownership, investment, or employment interest in a long-term care facility or an entity that provides long-term care through the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration;

(5) provides long-term care to residents;

(6) provides long-term care coordination or case management for residents;

(7) sets reimbursement rates for long-term care facilities;

(8) provides adult protective services;

(9) is responsible for eligibility determinations for patients regarding Medicaid or other public benefits;

(10) conducts preadmission screening for long-term care facility placements;

(11) makes decisions regarding admission or discharge of individuals to or from long-term care facilities; or

(12) provides guardianship, conservatorship, or other fiduciary or surrogate decision-making services for residents.

(b) To avoid individual conflicts of interest that may impact the effectiveness and credibility of the work of the Ombudsman's office, the Ombudsman shall develop and implement policies and procedures to ensure that neither the Ombudsman nor representatives of the Office are required or permitted to hold positions or perform duties that would constitute an individual conflict of interest. Individual conflicts of interest for an Ombudsman, representatives of the Office, and members of their immediate families include:

(1) direct involvement in the licensing or certification of a long-term care facility;

(2) ownership, operational, or investment interest in an existing or proposed long-term care facility or other entity that provides long-term care through the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration;

(3) an individual's employment by, or participation in the management of, a long-term care facility in this State or an individual's employment by the owner or operator of any long-term care facility in this State;

(4) receipt of, or the right to receive, directly or indirectly, remuneration under a compensation arrangement with an owner or operator of a long-term care facility;

(5) acceptance of gifts or gratuities of significant value from a long-term care facility or its management, or from a resident or resident representative of a long-term care facility in which the Ombudsman or a representative of the Office provides services, except if the individual has a personal relationship with a resident or resident representative separate from the individual's role as the Ombudsman or representative of the Office;

(6) acceptance of money or any other consideration from anyone other than the Ombudsman's office, or an entity approved by the Ombudsman, for the performance of an act in the regular course of duties of the Ombudsman or of representatives of the Office, without the Ombudsman's approval;

(7) serving as a guardian, conservator, or in another fiduciary or surrogate decision-making capacity for a resident of a long-term care facility in which the Ombudsman or a representative of the Office provides services; and

(8) providing services to residents of a long-term care facility in which an immediate family member resides.

(c) The Ombudsman, consistent with the requirements of the Older Americans Act, shall be able to speak on behalf of the interest of individuals receiving long-term care and to carry out all duties prescribed in this chapter without being made subject to any disciplinary or retaliatory personnel or other action as a consequence of so doing. The Commissioner of Disabilities, Aging, and Independent Living shall establish a committee of not fewer than five persons, who represent the interests of individuals receiving long-term care and who are not State employees, for the purpose of ensuring that the Ombudsman program is free from conflicts of interest. The Commissioner shall solicit from this committee its assessment of the Ombudsman program's capacity to operate in accordance with this section and shall submit that assessment as an appendix to the report required under subdivision 7503(10) of this title. The Department, in consultation with this committee, shall establish a process for periodic review and identification of conflicts within the Ombudsman program.
33 V.S.A. § 143b — VT Code / Title 33 / Chapter 1 / Section 143b
§ 143b. Education and information
Status: in_force

By January 1, 2005, the Department of Vermont Health Access shall issue rules establishing a procedure for health care providers enrolled in State and federally funded medical assistance programs to obtain advisory opinions regarding coverage and reimbursement under those programs. Each advisory opinion issued by the Department of Vermont Health Access shall be binding on that Department and the party or parties requesting the opinion only with regard to the specific questions posed in the opinion, the facts and information set forth in it, and the statutes and rules specifically noted in the opinion.
33 V.S.A. § 903 — VT Code / Title 33 / Chapter 9 / Section 903
§ 903. Division, staff
Status: in_force

The Director, with the approval of the Secretary, may employ such professional and clerical personnel as are necessary for the implementation of this chapter. The Director, with the approval of the Secretary, may also enter into contracts with attorneys, private auditors, consultants, and registered or certified public accountants for additional services including auditing providers as may be necessary for the proper administration of this chapter.
33 V.S.A. § 3206 — VT Code / Title 33 / Chapter 32 / Section 3206
§ 3206. Incidents and fatalities
Status: in_force

(a) The Department shall notify the Office of:

(1) all incidents of actual physical injury to children or youths in the custody of the Commissioner or at significant risk of such harm; and

(2) instances of restraint or seclusion of any child or youth in the custody of the Commissioner.

(b) The Department shall notify the Office within 48 hours of any fatality of a child or youth in its custody.
33 V.S.A. § 3904 — VT Code / Title 33 / Chapter 39 / Section 3904
§ 3904. Distribution of proceeds
Status: in_force

Any money received by the Department from, or on behalf of a responsible parent, shall be distributed and credited as required by Title IV of the Social Security Act. On request of a responsible parent, the Department shall render an accounting of how payments have been credited.
33 V.S.A. § 7503 — VT Code / Title 33 / Chapter 75 / Section 7503
§ 7503. Responsibilities of the Office
Status: in_force

The Office shall:

(1) investigate and resolve complaints on behalf of individuals receiving long-term care;

(2) analyze and monitor the development and implementation of federal, State, and local laws and of rules, regulations, and policies relating to long-term care, long-term care facilities, or providers of long-term care and recommend changes it deems appropriate;

(3) provide information to the public, agencies, legislators, and others, as it deems necessary, regarding problems and concerns of individuals receiving long-term care, including recommendations related to such problems and concerns;

(4) develop and establish policies and procedures for involvement by volunteers in the work of the Office;

(5) promote the development of citizen and consumer organizations in the work of the Office and the quality of life of individuals receiving long-term care;

(6) establish policies and procedures for protecting the confidentiality of its clients as required by the Older Americans Act;

(7) establish qualifications and training for the Ombudsman and representatives of the Office, monitor their performance, and establish procedures for certifying staff and volunteers;

(8) train persons and organizations in advocating for the interests of individuals receiving long-term care;

(9) develop and implement a uniform reporting system to collect and analyze information relating to complaints by individuals receiving long-term care and conditions in long-term care facilities;

(10) submit to the General Assembly and the Governor on or before January 15 of each year a report on complaints by individuals receiving long-term care, conditions in long-term care facilities, and the quality of long-term care and recommendations to address identified problems; and

(11) perform such other activities as the Office deems necessary on behalf of individuals receiving long-term care.
33 V.S.A. § 1004 — VT Code / Title 33 / Chapter 10 / Section 1004
§ 1004. Reach First payment
Status: in_force

(a) An eligible family shall receive a short-term cash payment, which is the equivalent of up to 120 days of Reach Up financial assistance for the relevant family size with the same income. The family may receive the payment in installments or a lump sum, if needed to avert a crisis as determined in the initial assessment or the family development plan, during the period in which the family seeks immediate employment or participates in assessment and creating a family development plan. The Commissioner may establish by rule exceptions to the limit on the amount of the payment, as long as the exceptions are budget-neutral to the program.

(b) The Department shall offer every eligible family the option of electronic or direct payment of the family's housing or other expenses to the person providing the lodging, utilities, or other service as provided for by rule.

(c) For the purposes of calculating the payment, child support shall be treated as income, except that the first $100.00 amount of child support shall be disregarded from income.
33 V.S.A. § 3302 — VT Code / Title 33 / Chapter 33 / Section 3302
§ 3302. Council for Equitable Youth Justice
Status: in_force

(a) Creation. There is created the Council for Equitable Youth Justice to serve as the State advisory group for Vermont pursuant to 34 U.S.C. § 11133. The Council supports compliance with the core requirements of the JJRA and promotes an effective Vermont juvenile justice system consistent with the legislative findings under section 5101a of this title.

(b) Membership.

(1) The Council shall consist of up to 25 members, who shall be appointed by the Governor with the advice and consent of the Senate for three-year terms.

(2) In appointing members, consideration shall be given to the selection of persons who adequately represent the interests of youth who are in the juvenile justice system and their families.

(3) Membership shall be consistent with the federal requirements for State advisory groups pursuant to 34 U.S.C. § 11133(a)(3).

(4) A majority of the members, including the Chair, shall not be full- time employees of federal, State, or local government.

(c) Officers. The Council shall elect a chair, vice chair, and secretary or treasurer, or both, from its members who shall serve for one year or until their successors are elected.

(d) Vacancy. In the event a vacancy occurs on the Council, the vacancy shall be filled in the same manner as provided in subdivision (b)(1) of this section. The term of a person appointed to fill a vacancy shall terminate on the date on which the original appointment would have terminated if the vacancy had not occurred.

(e) Compensation. Council members are authorized to receive per diem compensation from federal funds as specified in 32 V.S.A. § 1010(b).

(f) Quorum. A majority of the members of the Council shall constitute a quorum. The Council shall act only by vote of a majority of its members and voting at a meeting at which a quorum is in attendance.
33 V.S.A. § 1954 — VT Code / Title 33 / Chapter 19 / Section 1954
§ 1954. Nursing home assessment
Status: in_force

(a) Beginning July 1, 2011, each nursing home's annual assessment shall be $4,509.57, and beginning October 1, 2011, $4,919.53 per bed licensed pursuant to section 7105 of this title on June 30 of the immediately preceding fiscal year. The annual assessment for each bed licensed as of the beginning of the fiscal year shall be prorated for the number of days during which the bed was actually licensed and any overpayment shall be refunded to the facility. To receive the refund, a facility shall notify the Commissioner in writing of the size of the decrease in the number of its licensed beds and dates on which the beds ceased to be licensed.

(b) The Department shall provide written notification of the assessment amount to each nursing home. The assessment amount determined shall be considered final unless the home requests a reconsideration. Requests for reconsideration shall be subject to the provisions of section 1958 of this title.

(c) Each nursing home shall submit its assessment to the Department according to a schedule adopted by the Commissioner. The Commissioner may permit variations in the schedule of payment as deemed necessary.

(d) Any nursing home that fails to make a payment to the Department on or before the specified schedule, or under any schedule of delayed payments established by the Commissioner, shall be assessed not more than $1,000.00. The Commissioner may waive the late-payment assessment provided for in this subsection for good cause shown by the nursing home.
33 V.S.A. § 6906 — VT Code / Title 33 / Chapter 69 / Section 6906
§ 6906. Assessment and investigation
Status: in_force

(a) Report of maltreatment.

(1) Upon receipt of a report of maltreatment, the Department shall determine whether the report constitutes an allegation of abuse, neglect, or exploitation as defined in section 6902 of this title. The Department shall respond to reports of alleged abuse, neglect, or exploitation that occurred in Vermont and to out-of-state conduct when the vulnerable adult is a resident of Vermont.

(2) The Department shall determine whether to conduct an assessment or an investigation, as provided for in this section, or whether to screen out the report. An assessment may be used to determine whether an investigation is necessary. The Department shall begin either an assessment or an investigation within one business day in all cases in which the alleged victim has experienced a life-threatening or severe injury; requires hospitalization as a result of maltreatment; was the alleged victim of sexual abuse; or is experiencing ongoing harm. The Department shall initiate an assessment or an investigation within two business days after the day of the receipt of all other accepted reports made pursuant to section 6904 of this title. The Department shall collect the following demographic information about the alleged victim and alleged perpetrator, if available, if an assessment or investigation is opened: gender, race, age, ethnicity, sexual orientation, gender identity, and disability status.

(3) The decision to conduct an assessment shall include consideration of the following factors:

(A) the severity of any alleged maltreatment and any injuries;

(B) the relationship between the alleged victim and alleged perpetrator;

(C) the known history of the report; and

(D) the detail and specificity of information provided in the report regarding the alleged victim's vulnerability and the alleged maltreatment.

(4) The Department shall investigate when an accepted report involves allegations indicating serious maltreatment or ongoing risk of harm to the alleged victim. The Department may investigate any report of maltreatment Adult Protective Services receives.

(5) The Department shall begin an immediate investigation if, at any time during an assessment, it appears that an investigation is appropriate.

(6) To the extent permitted by law, the Department may collaborate with law enforcement, health care and service providers, and other departments and agencies in Vermont and other jurisdictions to evaluate the risk to the vulnerable adult and may enter into reciprocal agreements with law enforcement, other departments and agencies, and other jurisdictions to further the purposes of this section. In no event shall the Department disclose information to other divisions, departments, or agencies unless such a disclosure is necessary to further the express purpose of this section.

(b) Assessment.

(1) An assessment, to the extent that is reasonable under the facts and circumstances provided in a report, shall include the following:

(A) an interview with the reporter and the alleged victim, which shall focus on ensuring the immediate safety of the alleged victim and mitigating the future risk of harm to the alleged victim in the current environment;

(B) a determination as to whether the alleged victim meets the definition of a vulnerable adult and whether the allegations, if true, meet the statutory definition of abuse, neglect, or exploitation, or any combination thereof; and

(C) in collaboration with the alleged victim, the identification of resources and protective service needs that reduce the risk of future abuse, neglect, or exploitation and improve or restore the care and safety of the alleged victim.

(2) Services offered during or at the conclusion of an assessment can only be implemented through voluntary agreement or court action.

(3) If the assessment is closed without resulting in an investigation, there shall be no finding of abuse, neglect, or exploitation. However, the Department shall document the outcome of the assessment.

(4) The Department shall provide written notice to the victim, and the victim's representative who is not the subject of the assessment, of the outcome of the assessment.

(c) Investigation.

(1) The Department shall:

(A) Notify the reporter in writing if Adult Protective Services decides not to investigate or to conduct an assessment of the report. The notification shall be provided within five business days after the decision is made and shall inform the reporter that the reporter may ask the Commissioner to review the decision.

(B) Notify the alleged victim, and the alleged victim's representative, if any, in writing of the outcome of the investigation. The notification shall be provided within five business days after the decision has been made and shall inform the alleged victim or the alleged victim's representative that the alleged victim or the alleged victim's representative may ask the Commissioner to review the decision.

(2) The investigation shall include, except where inclusion would jeopardize the health, welfare, or safety of the vulnerable adult:

(A) An interview with the alleged victim, which may take place without the approval of the alleged victim's parents, guardian, or caregiver, but cannot take place over the objection of the alleged victim.

(B) An opportunity for the person who allegedly abused, neglected, or exploited the alleged victim to be interviewed. If the person declines to be interviewed, either through given notice or failure to respond, the alleged perpetrator shall be notified that the alleged perpetrator's declination may be noted in the investigation and may be taken into account in any potential appeal process.

(3) Upon completion of the investigation, the investigative summary describing pertinent evidence obtained during the course of the investigation and recommending a substantiation or unsubstantiation shall be submitted to the Commissioner or designee. Prior to substantiation, the Department shall interview the alleged perpetrator unless the alleged perpetrator declines. The investigative summary shall include a recommendation of whether placement on the Registry is appropriate. If the recommendation is for substantiation, the alleged perpetrator shall be given written notice by certified mail of the recommendation and a summary of the evidence that forms the basis of the recommendation and shall be notified of any remedial options that may exist and how a substantiated report might be used. The alleged perpetrator may seek an administrative review of the Department's intention to place the alleged perpetrator's name on the Registry by notifying the Department within 14 calendar days after the date listed on the Department's notice of the right to an administrative review. The Commissioner may grant an extension past the 14-day period for good cause, not to exceed 28 calendar days after the date listed on the Department's notice.

(4) The administrative review of the Department's intention to substantiate may be stayed if there is a related case pending in the Criminal or Family Division of the Superior Court that arose out of the same incident of abuse, neglect, or exploitation that resulted in the recommendation for substantiation. During the period the administrative review is stayed, if the Department's intent is to place the alleged perpetrator's name on the Registry, it shall add the alleged perpetrator's name to the Registry with a notation that the case is pending. Upon resolution of the Superior Court criminal or family case, the alleged perpetrator may exercise the alleged perpetrator's right to review under this section by notifying the Department in writing within 28 calendar days after the related court case, including any appeals, has been fully adjudicated. If the alleged perpetrator fails to notify the Department within 28 calendar days, the Department's decision shall become final, and no further review under this subsection is required.

(A) The Department shall hold an administrative review within 28 calendar days after receipt of the request for review. At least 14 calendar days prior to the administrative review, the Department shall provide to the alleged perpetrator requesting an administrative review the following: the redacted investigation file, which means only the portion of the investigation file relevant to an Adult Protective Services recommendation, redacted as necessary to minimize disclosure of any confidential information; notice of time and place of the administrative review; and administrative review procedures, including information that may be submitted and mechanisms for providing information.

(B) At the administrative review, the alleged perpetrator who requested the review shall be provided with the opportunity to present documentary evidence or other information that supports the alleged perpetrator's position and provides information to the reviewer in making the most accurate decision regarding the allegation. In determining the weight to be given any such evidence or information, the administrative reviewer shall consider whether the alleged perpetrator had an opportunity to present the evidence or information to the investigator during the investigation and, if so, the reasons for the failure to present the evidence or information at that time. The Department shall have the burden of proving that, based upon a preponderance of evidence, it concluded that a reasonable person would believe that the vulnerable adult has been abused, neglected, or exploited by that alleged perpetrator. The administrative review may be held remotely by telephone or through electronic means by mutual agreement of the parties.

(C) The Department shall establish an administrative case review unit within the Department and may contract for the services of administrative reviewers. An administrative reviewer shall be a neutral and independent arbiter who has no prior involvement in the original investigation of the allegation.

(5) Within seven calendar days after the completed review, the administrative reviewer shall:

(A) reject the Department's recommendation of substantiation;

(B) accept the Department's recommendation of substantiation; or

(C) defer any recommendation and direct the Department to further investigate upon the recommendation of the administrative reviewer.

(6) If the administrative reviewer accepts the Department's recommendation of substantiation, a Registry record shall be made within two business days. If the administrative reviewer rejects the Department's recommendation of substantiation, no Registry record shall be made.

(7) Within seven calendar days of the decision to reject or accept the recommendation of substantiation or to defer the substantiation in accordance with subdivision (5) of this subsection, the administrative reviewer shall provide notice to the alleged perpetrator of the administrative reviewer's decision. If the administrative reviewer accepts the Department's recommendation of substantiation, the notice shall advise the alleged perpetrator of the right to appeal the administrative reviewer's decision to the Human Services Board.

(8)(A) If no administrative review is requested, the Department's recommendation in the case shall be final, and the alleged perpetrator shall have no further right of review under this section.

(B) The Commissioner may grant an exception and permit such an administrative review upon good cause shown. Good cause may include an acquittal or dismissal of a criminal charge arising from the incident of abuse, neglect, or exploitation.

(9) In exceptional circumstances, the Commissioner, in the Commissioner's sole and nondelegable discretion, may reconsider any decision made by an administrative reviewer. A Commissioner's decision that imposes a penalty or creates a Registry record may be appealed to the Human Services Board.

(10) Within 30 calendar days after the date of the notice advising that a report has been substantiated, an alleged perpetrator against whom a complaint has been lodged may apply to the Human Services Board for relief on the grounds that it is unsubstantiated. The Human Services Board shall hold a fair hearing under 3 V.S.A. § 3091. Unless the Commissioner agrees otherwise, the hearing shall be given priority by the Human Services Board, and an expedited hearing shall be provided, not later than 30 calendar days after the date of the notice advising that a report has been substantiated, and a decision shall be issued within seven calendar days after the hearing.

(11) If a report is found to be unsubstantiated, the records shall be retained as part of the confidential records of the Department. If no court proceeding is brought pursuant to section 6903 of this title within six years following the date of the notice to the alleged perpetrator against whom the complaint was lodged, the records relating to the unsubstantiated report may be destroyed.

(12) If the Human Services Board reverses a substantiated finding, the Commissioner shall remove all information from the Registry.

(13)(A) When a final determination has been made, the Commissioner shall inform the vulnerable adult or the vulnerable adult's representative in writing.

(B) When a final determination of substantiation has been made, the Department shall also inform the perpetrator's current employer, if known, in writing of the outcome of the investigation and any subsequent proceedings.
33 V.S.A. § 5119 — VT Code / Title 33 / Chapter 51 / Section 5119
§ 5119. Sealing of records
Status: in_force

(a)(1) In matters relating to a child who has been adjudicated delinquent on or after July 1, 1996, the court shall order the sealing of all files and records related to the proceeding if two years have elapsed since the final discharge of the person unless, on motion of the State's Attorney, the court finds:

(A) the person has been convicted of a listed crime as defined in 13 V.S.A. § 5301 or adjudicated delinquent of such an offense after such initial adjudication, or a proceeding is pending seeking such conviction or adjudication; or

(B) rehabilitation of the person has not been attained to the satisfaction of the court.

(2) At least 60 days prior to the date upon which a person is eligible to have his or her delinquency record automatically sealed pursuant to subdivision (1) of this subsection, the court shall provide such person's name and other identifying information to the State's Attorney in the county in which the person was adjudicated delinquent. The State's Attorney may object, and a hearing may be held to address the State's Attorney's objection.

(3) The order to seal shall include all the files and records relating to the matter in accordance with subsection (d) of this section; however, the court may limit the order to the court files and records only upon good cause shown by the State's Attorney.

(4) The process of sealing files and records under this subsection for a child who was adjudicated delinquent on or after July 1, 1996, but before July 1, 2001, shall be completed by January 1, 2010. The process of sealing files and records under this subsection for a child who was adjudicated delinquent on or after July 1, 2001 but before July 1, 2004, shall be completed by January 1, 2008.

(b) In matters relating to a child who has been adjudicated delinquent prior to July 1, 1996, on application of the child or on the court's own motion and after notice to all parties of record and hearing, the court shall order the sealing of all files and records related to the proceeding if it finds:

(1) the person has not been convicted of a listed crime as defined in 13 V.S.A. § 5301 or adjudicated delinquent for such an offense after such initial adjudication, and no new proceeding is pending seeking such conviction or adjudication; and

(2) the person's rehabilitation has been attained to the satisfaction of the court.

(c) On application of a person who, while a child, was found to be in need of care or supervision or, on the court's own motion, after notice to all parties of record and hearing, the court may order the sealing of all files and records related to the proceeding if it finds:

(1) the person has reached the age of majority; and

(2) sealing the person's record is in the interest of justice.

(d) Except as provided in subdivision (a)(3) and subsection (h) of this section or otherwise provided, orders issued in accordance with this section shall include the files and records of the court, law enforcement, prosecution, and the Department for Children and Families related to the specific court proceeding that is the subject of the sealing.

(e)(1) Except as provided in subdivision (2) of this subsection, upon the entry of an order sealing such files and records under this section, the proceedings in the matter shall be considered never to have occurred, all general index references to the sealed record shall be deleted, and the person, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such person upon inquiry in any matter. Copies of the order shall be sent to each agency or official named in the order.

(2)(A) Any court, agency, or department that seals a record pursuant to an order under this section may keep a special index of files and records that have been sealed. This index shall only list the name and date of birth of the subject of the sealed files and records and the docket number of the proceeding that was the subject of the sealing. The special index shall be confidential and may be accessed only for purposes for which a department or agency may request to unseal a file or record pursuant to subsection (f) of this section.

(B) Access to the special index shall be restricted to the following persons:

(i) the commissioner and general counsel of any administrative department;

(ii) the secretary and general counsel of any administrative agency;

(iii) a sheriff;

(iv) a police chief;

(v) a State's Attorney;

(vi) the Attorney General;

(vii) the Director of the Vermont Crime Information Center; and

(viii) a designated clerical staff person in each office identified in subdivisions (i)-(vii) of this subdivision (B) who is necessary for establishing and maintaining the indices for persons who are permitted access.

(C) Persons authorized to access an index pursuant to subdivision (B) of this subdivision (2) may access only the index of their own department or agency.

(f)(1) Except as provided in subdivisions (2), (3), (4), and (5) of this subsection, inspection of the files and records included in the order may thereafter be permitted by the court only upon petition by the person who is the subject of such records, and only to those persons named in the record.

(2) Upon a confidential motion of any department or agency that was required to seal files and records pursuant to subsection (d) of this section, the court may permit the department or agency to inspect its own files and records if it finds circumstances in which the department or agency requires access to such files and records to respond to a legal action, a legal claim, or an administrative action filed against the department or agency in relation to incidents or persons that are the subject of such files and records. The files and records shall be unsealed only for the minimum time necessary to address the circumstances enumerated in this subdivision, at which time the records and files shall be resealed.

(3) Upon a confidential motion of the Department for Children and Families, the court may permit the Department to inspect its own files and records if the court finds extraordinary circumstances in which the State's interest in the protection of a child clearly outweighs the purposes of the juvenile sealing law and the privacy rights of the person or persons who are the subjects of the record, and the sealed record is necessary to accomplish the State's interest. The motion may be heard ex parte if the court, based upon an affidavit, finds a compelling purpose exists to deny notice to the subject of the files and records when considering whether to grant the order. If the order to unseal is issued ex parte, the court shall send notice of the unsealing to the subject of the files and records within 20 days unless the Department provides a compelling reason why the subject of the files and records should not receive notice. The files and records shall be unsealed only for the minimum time necessary to address the extraordinary circumstances, at which time the files and records shall be resealed.

(4) Upon a confidential motion of a law enforcement officer or prosecuting attorney, the court may permit the department or agency to inspect its own files and records if the court finds extraordinary circumstances in which the State's interest in public safety clearly outweighs the purposes of the juvenile sealing law and the privacy rights of the person or persons who are the subjects of the record, and the sealed record is necessary to accomplish the State's interest. The motion may be heard ex parte if the court, based upon an affidavit, finds a compelling public safety purpose exists to deny notice to the subject of the files and records when considering whether to grant the order. If the order to unseal is issued ex parte, the court shall send notice of the unsealing to the subject of the files and records within 20 days unless the law enforcement officer or prosecuting attorney provides a compelling public safety reason why the subject of the files and records should not receive notice. The files and records shall be unsealed only for the minimum time necessary to address the extraordinary circumstances, at which time the files and records shall be resealed.

(5) The order unsealing a record pursuant to subdivisions (2), (3), and (4) of this subsection must state whether the record is unsealed entirely or in part and the duration of the unsealing. If the court's order unseals only part of the record or unseals the record only as to certain persons, the order must specify the particular records that are unsealed or the particular persons who may have access to the record, or both.

(6) If a person is convicted of a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3, the court in which the person was convicted:

(A) May inspect its own files and records included in the sealing order for the purpose of imposing sentence upon or supervising the person for the registrable offense.

(B) Shall examine court indices developed pursuant to subdivision (e)(2)(A) of this section. If the offender appears on any of the court indices, the court shall unseal any court files and records relating to the juvenile adjudication and shall make them available to the Commissioner of Corrections for the purposes of preparing a presentence investigation, determining placement, or developing a treatment plan. The Commissioner shall use only information relating to adjudications relevant to a sex offense conviction.

(g) On application of a person who has pleaded guilty to or has been convicted of the commission of a crime under the laws of this State that the person committed prior to attaining 25 years of age, or on the motion of the court having jurisdiction over such a person, after notice to all parties of record and hearing, the court shall order the sealing of all files and records related to the proceeding if it finds:

(1) two years have elapsed since the final discharge of the person;

(2) the person has not been convicted of a listed crime as defined in 13 V.S.A. § 5301 or adjudicated delinquent for such an offense for 10 years prior to the application or motion, and no new proceeding is pending seeking such conviction or adjudication; and

(3) the person's rehabilitation has been attained to the satisfaction of the court.

(h)(1) In matters relating to a person who was charged with a criminal offense or was the subject of a delinquency petition on or after July 1, 2006, and prior to the person attaining the age of majority, the files and records of the court applicable to the proceeding shall be sealed immediately if the case is dismissed.

(2) In matters relating to a person who was charged with a criminal offense prior to July 1, 2006, and prior to the person attaining the age of majority, the person may apply to seal the files and records of the court applicable to the proceeding. The court shall order the sealing, provided that two years have elapsed since the dismissal of the charge.

(i) Upon receipt of a court order to seal a record relating to an offense for which there is an identifiable victim, a State's Attorney shall record the name and date of birth of the victim, the offense, and the date of the offense. The name and any identifying information regarding the defendant shall not be recorded. Victim information retained by a State's Attorney pursuant to this subsection shall be available only to victims' advocates, the Victims Compensation Program, and the victim and shall otherwise be confidential. The Victims Compensation Program may be provided with a copy, redacted of all information identifying the youth or delinquent child, of the affidavit for the sole purpose of verifying the expenses in a victims compensation application submitted pursuant to 13 V.S.A. § 5353.

(j) For purposes of this section, to “seal” a file or record means to physically and electronically segregate the record in a manner that ensures confidentiality of the record and limits access only to those persons who are authorized by law or court order to view the record. A “sealed” file or record is retained and shall not be destroyed unless a court issues an order to expunge the record.

(k) The court shall provide assistance to persons who seek to file an application for sealing under this section.

(l) Any entities subject to sealing orders pursuant to this section shall establish policies for implementing this section and shall provide a copy of such policies to the House and Senate Committees on Judiciary not later than January 15, 2007. State's Attorneys, sheriffs, municipal police, and the Judiciary are encouraged to adopt a consistent policy that may apply to each of their independent offices and may submit one policy to the General Assembly.

(m) Notwithstanding the provisions of this section, a criminal record may not be sealed if restitution and surcharges are owed, provided that payment of surcharges shall not be required if the surcharges have been waived by the court pursuant to 13 V.S.A. § 7282.
33 V.S.A. § 1901 — VT Code / Title 33 / Chapter 19 / Section 1901
§ 1901. Administration of program
Status: repealed

(a)(1) The Secretary of Human Services or designee shall take appropriate action, including making of rules, required to administer a medical assistance program under Title XIX (Medicaid) and Title XXI (SCHIP) of the Social Security Act.

(2) The Secretary or designee shall seek approval from the General Assembly prior to applying for and implementing a waiver of Title XIX or Title XXI of the Social Security Act, an amendment to an existing waiver, or a new state option that would restrict eligibility or benefits pursuant to the Deficit Reduction Act of 2005. Approval by the General Assembly under this subdivision constitutes approval only for the changes that are scheduled for implementation.

(3) [Repealed.]

(4) A manufacturer of pharmaceuticals purchased by individuals receiving State pharmaceutical assistance in programs administered under this chapter shall pay to the Department of Vermont Health Access, as the Secretary's designee, a rebate on all pharmaceutical claims for which State-only funds are expended in an amount that is in proportion to the State share of the total cost of the claim, as calculated annually on an aggregate basis, and based on the full Medicaid rebate amount as provided for in Section 1927(a) through (c) of the federal Social Security Act, 42 U.S.C. § 1396r-8.

(b) [Repealed.]

(c) The Secretary may charge a monthly premium, in amounts set by the General Assembly, per family for pregnant women and children eligible for medical assistance under Sections 1902(a)(10)(A)(i)(III), (IV), (VI), and (VII) of Title XIX of the Social Security Act, whose family income exceeds 195 percent of the federal poverty level, as permitted under section 1902(r)(2) of that act. Fees collected under this subsection shall be credited to the State Health Care Resources Fund established in section 1901d of this title and shall be available to the Agency to offset the costs of providing Medicaid services. Any co-payments, coinsurance, or other cost sharing to be charged shall also be authorized and set by the General Assembly.

(d)(1) To enable the State to manage public resources effectively while preserving and enhancing access to health care services in the State, the Department of Vermont Health Access is authorized to serve as a publicly operated managed care organization (MCO).

(2) To the extent permitted under federal law, the Department of Vermont Health Access shall be exempt from any health maintenance organization (HMO) or MCO statutes in Vermont law and shall not be considered to be an HMO or MCO for purposes of State regulatory and reporting requirements. The MCO shall comply with the federal rules governing managed care organizations in 42 C.F.R. Part 438. The Vermont rules on the primary care case management in the Medicaid program shall be amended to apply to the MCO except to the extent that the rules conflict with the federal rules.

(3) The Agency of Human Services and Department of Vermont Health Access shall report to the Health Reform Oversight Committee about implementation of Global Commitment in a manner and at a frequency to be determined by the Committee. Reporting shall, at a minimum, enable the tracking of expenditures by eligibility category, the type of care received, and to the extent possible allow historical comparison with expenditures under the previous Medicaid appropriation model (by department and program) and, if appropriate, with the amounts transferred by another department to the Department of Vermont Health Access. Reporting shall include spending in comparison to any applicable budget neutrality standards.

(e) [Repealed.]

(f) The Secretary shall not impose a prescription co-payment for individuals under age 21 enrolled in Medicaid or Dr. Dynasaur.

(g) The Department of Vermont Health Access shall post prominently on its website the total per-member per-month cost for each of its Medicaid and Medicaid waiver programs and the amount of the State's share and the beneficiary's share of such cost.

(h) To the extent required to avoid federal antitrust violations, the Department of Vermont Health Access shall facilitate and supervise the participation of health care professionals and health care facilities in the planning and implementation of payment reform in the Medicaid and SCHIP programs. The Department shall ensure that the process and implementation include sufficient State supervision over these entities to comply with federal antitrust provisions and shall refer to the Attorney General for appropriate action the activities of any individual or entity that the Department determines, after notice and an opportunity to be heard, violate State or federal antitrust laws without a countervailing benefit of improving patient care, improving access to health care, increasing efficiency, or reducing costs by modifying payment methods.
33 V.S.A. § 1826 — VT Code / Title 33 / Chapter 18 / Section 1826
§ 1826. Blueprint for Health
Status: in_force

(a) It is the intent of the General Assembly that within five years following the implementation of Green Mountain Care, each individual enrolled in Green Mountain Care will have a primary health care professional who is involved with the Blueprint for Health established in 18 V.S.A. chapter 13.

(b) Consistent with the provisions of 18 V.S.A. chapter 13, if an individual enrolled in Green Mountain Care does not have a medical home through the Blueprint for Health, the individual may choose a primary health care professional who is not participating in the Blueprint to serve as the individual's primary care point of contact.

(c) The Agency shall determine a method to approve a specialist as a patient's primary health care professional for the purposes of establishing a medical home or primary care point of contact for the patient. The Agency shall approve a specialist as a patient's medical home or primary care point of contact on a case-by-case basis and only for a patient who receives the majority of his or her health care from that specialist.

(d) Green Mountain Care shall be integrated with the Blueprint for Health established in 18 V.S.A. chapter 13.
33 V.S.A. § 2071 — VT Code / Title 33 / Chapter 19 / Section 2071
§ 2071. Definitions
Status: in_force

As used in this subchapter:

(1) “Individual with disabilities” means an individual who is under age 65 and is entitled, under the Social Security Act, to disability insurance benefits or is eligible for Medicare.

(2) “Maintenance drug” means a drug approved by the federal Food and Drug Administration for continuous use and prescribed to treat a chronic condition for a prolonged period of time of 30 days or longer and includes insulin, an insulin syringe, and an insulin needle.

(3) “Medicare Part D” means the prescription drug program established under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, Pub. L. No. 108-173, including the prescription drug plans offered pursuant to the act.

(4) “DVHA” means the Department of Vermont Health Access.

(5) “Pharmaceutical” means a drug that may not be dispensed unless prescribed by a health care provider as defined by 18 V.S.A. § 9402(7) acting within the scope of the provider's license. The term excludes a drug determined less than effective under the federal Food, Drug and Cosmetics Act.

(6) “Pharmacy” means a retail or institutional drug outlet licensed by the Vermont State Board of Pharmacy pursuant to 26 V.S.A. chapter 36, or by an equivalent board in another state, in which pharmaceuticals are sold at retail and that has entered into a written agreement with the State to dispense pharmaceuticals in accordance with the provisions of this chapter.
33 V.S.A. § 1001 — VT Code / Title 33 / Chapter 10 / Section 1001
§ 1001. Definitions
Status: repealed

As used in this chapter:

(1) [Repealed.]

(2) [Repealed.]

(3) “Adult” means an individual who:

(A) is 18 years of age or older and not a dependent child; or

(B) is under 18 years of age and:

(i) is pregnant; or

(ii) is a parent who is the caretaker for a dependent child.

(4) “Assessment” means the information-gathering process, carried out by the Department's established protocol, that identifies an individual's skills, aptitudes, interests, life and work experience, and barriers, and the determination of how these factors relate to the individual's current or potential participation in the labor force and his or her family responsibilities. Where appropriate, this process includes the use of tests, other standardized measurement tools, and referrals to relevant professionals for evaluation or diagnosis. The Department shall use the information gathered as part of this process in developing the individual's family development plan, as well as, where applicable, assessing the appropriateness and feasibility of the individual's education, training, and employment goals and determining the individual's ability to work. The Department shall include a process to determine the development and well-being of the children in the family.

(5) “Barrier” means any physical, emotional, or mental condition; any lack of an educational, vocational, or other skill or ability; and any lack of transportation, child care, housing, medical assistance, or other services or resources, domestic violence circumstances, caretaker responsibilities, or other conditions or circumstances that prevent an individual from engaging in employment or other work activity.

(6) “Caretaker” means an individual 18 years of age or older who is fulfilling a parental role in caring for a dependent child by providing physical care, guidance, and decision making related to the child's health, school, medical care, and discipline.

(7) “Case management” means the services provided by or through the Department to participating families, including assessment, information, referrals, and assistance in the preparation and implementation of a family development plan under section 1007 of this title.

(8) “Commissioner” means the Commissioner for Children and Families or his or her designee.

(9) “Department” means the Department for Children and Families.

(10) “Dependent child” means a child who is a resident of this State and:

(A) is under 18 years of age; or

(B) is 18 years of age or older who is a full-time student in a secondary school, or attending an equivalent level of vocational or technical training, and is reasonably expected to complete the educational program before reaching 19 years of age or is not expected to complete the educational program before reaching 19 years of age solely due to a documented disability.

(11) “Eligible family” means a family that is determined to be financially eligible for the programs authorized by this chapter, in accordance with rules adopted by the Commissioner.

(12) “Family” means:

(A) one or more dependent children living with one or both parents or a relative or caretaker of such children; or

(B) a pregnant individual.

(13) “Living with a relative or caretaker” means living with a caretaker or relative in a residence maintained by the caretaker or one or more relatives at his or her or their home.

(14) “Parent” means a biological parent, stepparent, adoptive parent, or pregnant individual.

(15) “Participant” or “participating adult” means an adult member of a participating family.

(16) “Participating family” means an eligible family that participates in the Reach First program.

(17) “Reach Ahead” means the program established under chapter 12 of this title.

(18) “Reach First payment” means a one-time payment of cash as determined in section 1004 of this title.

(19) “Reach First services” means the service component of the Reach First program consisting of case management services, support services, and referrals provided to eligible families to assist them in becoming self-sufficient.

(20) “Reach Up” means the program established under chapter 11 of this title.

(21) “Relative” means a person related to a dependent child, as defined by the Department by rule.

(22) “Resources” means any income and property available from whatever source.

(23) “Secretary” means the Secretary of Human Services or his or her designee.

(24) “Temporary Assistance to Needy Families” or “TANF” means the block grant provided to this State and established in accordance with Part A of Title IV of the federal Social Security Act, as amended, and the regulations promulgated under the Act by the U.S. Secretary of Health and Human Services.

(25) [Repealed.]

(26) [Repealed.]

(27) [Repealed.]