33 V.S.A. § 6203 — VT Code / Title 33 / Chapter 62 / Section 6203
§ 6203. Definitions
Status: in_force

As used in this subchapter:

(1) “Area agency on aging” means an organization designated by the State to develop and implement a comprehensive and coordinated system of services, supports, and protections for older Vermonters, family caregivers, and kinship caregivers within a defined planning and service area of the State.

(2) “Choices for Care program” means the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration or a successor program.

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

(4) “Family caregiver” means an adult family member or other individual who is an informal provider of in-home and community care to an older Vermonter or to an individual with Alzheimer's disease or a related disorder.

(5) “Greatest economic need” means the need resulting from an income level that is too low to meet basic needs for housing, food, transportation, and health care.

(6) “Greatest social need” means the need caused by noneconomic factors, including:

(A) physical and mental disabilities;

(B) language barriers; and

(C) cultural, social, or geographic isolation, including isolation caused by racial or ethnic status, sexual orientation, gender identity, or HIV status, that:

(i) restricts an individual's ability to perform normal daily tasks; or

(ii) threatens the capacity of the individual to live independently.

(7) “Home- and community-based services” means long-term services and supports received in a home or community setting other than a nursing home pursuant to the Choices for Care component of Vermont's Global Commitment to Health Section 1115 Medicaid demonstration or a successor program and includes home health and hospice services, assistive community care services, and enhanced residential care services.

(8) “Kinship caregiver” means an adult individual who has significant ties to a child or family, or both, and takes permanent or temporary care of a child because the current parent is unwilling or unable to do so.

(9) “Older Americans Act” means the federal law originally enacted in 1965 to facilitate a comprehensive and coordinated system of supports and services for older Americans and their caregivers.

(10) “Older Vermonters” means all individuals residing in this State who are 60 years of age or older.

(11)(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” 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.

(12) “Senior center” means a community facility that organizes, provides, or arranges for a broad spectrum of services for older Vermonters, including physical and mental health-related, social, nutritional, and educational services, and that provides facilities for use by older Vermonters to engage in recreational activities.

(13) “State Plan on Aging” means the plan required by the Older Americans Act that outlines the roles and responsibilities of the State and the area agencies on aging in administering and carrying out the Older Americans Act.

(14) “State Unit on Aging” means an agency within a state's government that is directed to administer the Older Americans Act programs and to develop the State Plan on Aging in that state.
33 V.S.A. § 104 — VT Code / Title 33 / Chapter 1 / Section 104
§ 104. Function and powers of Department
Status: repealed

(a) The Department shall administer all laws specifically assigned to it for administration.

(b) In addition to other powers vested in it by law, the Department may do all of the following:

(1) Provide for the administration of the following programs and services:

(A) aid to the aged, blind, and disabled;

(B) Reach Up financial assistance and support services;

(C) [Repealed.]

(D) federal Supplemental Nutrition Assistance Program benefits;

(E) General Assistance;

(F) medical assistance; and

(G) public assistance programs funded with State general funds or the Temporary Assistance to Needy Families (TANF) block grant.

(2) Cooperate with the appropriate federal agencies in receiving, to the extent available, federal funds in support of programs that the Department administers.

(3) Submit plans and reports, adopt rules, and in other respects comply with the provisions of the Social Security Act that pertain to programs administered by the Department.

(4) Receive and disburse funds that are assigned, donated, or bequeathed to it for charitable purposes or for the benefit of recipients of assistance, benefits, or social services. This subdivision shall not be construed to require the Department to accept funds or trusts when the Commissioner, with the approval of the Governor, considers it in the best interests of the State to refuse them.

(5) Receive in trust and expend, in accordance with the provisions of the trust, funds and property assigned, donated, devised, or bequeathed to it for charitable purposes or for the benefit of recipients of assistance, benefits, or social services. Trust funds accepted by the Department shall be safely invested by the State Treasurer. Real property received in trust may, at the discretion of the Commissioner, be administered by the Department of Buildings and General Services of the Agency of Administration. This subdivision shall not be construed to require the Department to accept funds or trusts when the Commissioner, with the approval of the Governor, considers it in the best interests of the State to refuse them.

(6) Aid and assist in charitable work as in the judgment of the Commissioner will best promote the general welfare of the State.

(7) Visit all institutions, homes, places, and establishments soliciting public support and located in the State that are devoted to or used for the care of needy persons.

(8) Visit all institutions, homes, places, and establishments providing room, board, or care to persons receiving social services or benefits from the Department.

(9) Supervise and control children under its care and custody and provide for their care, maintenance, and education.

(c) The Department for Children and Families, in cooperation with the Department of Corrections, shall have the responsibility to administer a comprehensive program for youthful offenders and children who commit delinquent acts, including utilization of probation services; of a range of community-based and other treatment, training, and rehabilitation programs; and of secure detention and treatment programs when necessary in the interests of public safety, designed with the objective of preparing those children to live in their communities as productive and mature adults.
33 V.S.A. § 114 — VT Code / Title 33 / Chapter 1 / Section 114
§ 114. Allocation of payments when appropriation insufficient
Status: in_force

Should the funds available for assistance be insufficient to provide assistance to all those eligible, the amounts of assistance granted in any program or portion thereof shall be reduced equitably, in the discretion of the Commissioner for Children and Families or the Commissioner of Vermont Health Access by rule.
33 V.S.A. § 5229 — VT Code / Title 33 / Chapter 52 / Section 5229
§ 5229. Merits adjudication
Status: in_force

(a) The parties at a merits hearing in a delinquency proceeding shall be limited to the State's Attorney and the child who is the subject of the petition. A merits adjudication hearing shall not proceed forward unless the child who is the subject of the delinquency petition is present in court.

(b) The State shall have the burden of establishing beyond a reasonable doubt that the child has committed a delinquent act.

(c) If the child who is the subject of the delinquency petition enters an admission to the petition, the court shall not accept the admission without first addressing the child personally in open court and determining that:

(1) the plea is voluntary;

(2) the child understands the nature of the delinquent act charged, the right to contest the charge, and the rights that will be waived if the admission is accepted by the court; and

(3) there is a factual basis for the delinquent act charged in the petition.

(d) A merits hearing shall be conducted in accordance with the Vermont Rules of Evidence.

(e) If the merits are contested, the court, after hearing the evidence, shall make its findings on the record.

(f) If the court finds that the allegations made in the petition have not been established beyond a reasonable doubt, the court shall dismiss the petition and vacate any orders transferring custody to the State or other person or any conditional custody orders.

(g) If, based on the child's admission or the evidence presented, the court finds beyond a reasonable doubt that the child has committed a delinquent act, the court shall order the Department to prepare a disposition case plan not later than seven business days before the disposition hearing and shall send a record of the adjudication to the Commissioner of Motor Vehicles within 10 days following its issuance. In no event shall a disposition hearing be held later than 35 days after a finding that a child is delinquent.

(h) The court may proceed directly to disposition providing that the child, the custodial parent, the State's Attorney, and the Department agree.
33 V.S.A. § 5723 — VT Code / Title 33 / Chapter 57 / Section 5723
§ 5723. Interstate Commission for Juveniles
Status: in_force

(a) The compacting states hereby create the Interstate Commission for Juveniles. The Commission shall be a body corporate and joint agency of the compacting states. The Commission shall have all the responsibilities, powers, and duties set forth in this chapter, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(b) The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created in this chapter. The commissioner shall be the compact administrator, deputy compact administrator, or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.

(c) In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations. The noncommissioner members shall include a member of the National Organizations of Governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the Interstate Commission shall be ex-officio (nonvoting) members. The Interstate Commission may provide in its bylaws for such additional ex-officio members, including members of other national organizations, in such numbers as shall be determined by the Commission.

(d) Each compacting state represented at any meeting of the Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

(e) The Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings, and meetings shall be open to the public.

(f) The Interstate Commission shall establish an executive committee, which shall include Commission officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking or amending the compact. The executive committee shall: oversee the day-to-day activities of the administration of the compact, managed by an executive director and Interstate Commission staff; administer enforcement and compliance with the provisions of the compact, its bylaws, and rules; and perform such other duties as directed by the Interstate Commission or set forth in the bylaws.

(g) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the State Council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.

(h) The Interstate Commission's bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

(i) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:

(1) relate solely to the Interstate Commission's internal personnel practices and procedures;

(2) disclose matters specifically exempted from disclosure by statute;

(3) disclose trade secrets or commercial or financial information which is privileged or confidential;

(4) involve accusing any person of a crime, or formally censuring any person;

(5) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) disclose investigative records compiled for law enforcement purposes;

(7) disclose information contained in or related to examination, operating, or condition reports prepared by or on behalf of or for the use of the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;

(8) disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or

(9) specifically relate to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding.

(j) For every meeting closed pursuant to this provision, the Interstate Commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

(k) The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements. Such methods of data collection, exchange, and reporting shall, insofar as is reasonably possible, conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.
33 V.S.A. § 5319 — VT Code / Title 33 / Chapter 53 / Section 5319
§ 5319. Parent-child contact and contact with siblings and relatives
Status: in_force

(a) The court shall order parent-child contact unless the court finds that it is necessary to deny parent-child contact because the protection of the physical safety or emotional well-being of the child so requires. Except for good cause shown, the order shall be consistent with any existing parent-child contact order.

(b) The court may determine the reasonable frequency and duration of parent-child contact and may set such conditions for parent-child contact as are in the child's best interests, including whether parent-child contact should be unsupervised or supervised. The court may allocate the costs of supervised visitation.

(c) Parent-child contact may be modified by stipulation or upon motion of a party or upon the court's own motion pursuant to section 5113 of this title.

(d) The court may terminate a parent-child contact order in a juvenile proceeding upon a finding that:

(1) a parent has without good cause failed to maintain a regular schedule of contact with the child and that the parent's failure to exercise regular contact has had a detrimental impact on the emotional well-being of the child; or

(2) continued parent-child contact in accordance with the terms of the prior order will have a detrimental impact on the physical or emotional well-being of the child.

(e) Upon motion of the child's attorney, the court may also order contact between the child and the child's siblings, an adult relative with whom the child has a significant relationship, or an adult friend with whom the child has a significant relationship.

(f) Failure to provide parent-child contact due to the child's illness or other good cause shall not constitute grounds for a contempt or enforcement proceeding against the Department.
33 V.S.A. § 7214 — VT Code / Title 33 / Chapter 71 / Section 7214
§ 7214. Avoidance of contracts
Status: in_force

(a) The court may grant a motion filed by the receiver to avoid a lease, mortgage, secured transaction, or other contract entered into by the owner or licensee of the facility if the court finds that the agreement:

(1) was entered into for a fraudulent purpose or to hinder or delay creditors;

(2) including a rental amount, price, or rate of interest, was unreasonable or excessive at the time the agreement was entered into; or

(3) is unrelated to the operation of the facility.

(b)(1) The receiver shall send notice of the motion to any known owners and mortgage holder of the property, the licensing agency, and the State Long-Term Care Ombudsman at the time of filing.

(2) The court shall hold a hearing on the receiver's motion to avoid a contract within 15 days.

(c) If the receiver is in possession of real estate or goods subject to a contract or security interest that the receiver is permitted to avoid under this section and if the real estate or goods are necessary for the continued operation of the facility, the court may set a reasonable rental amount, price, rate of interest, or replacement contract term to be paid by the receiver during the term of the receivership.

(d) Payment by the receiver of the amount determined by the court to be reasonable is a defense to an action against the receiver for payment or for the possession of the subject goods or real estate by a person who received notice.

(e) Notwithstanding any provision of this section to the contrary, there shall not be a foreclosure or eviction during the receivership by any person if the foreclosure or eviction would, in view of the court, serve to defeat the purpose of the receivership.
33 V.S.A. § 7302 — VT Code / Title 33 / Chapter 73 / Section 7302
§ 7302. Adoption of grievance procedure
Status: repealed

(a) [Repealed.]

(b) A resident grievance mechanism plan shall include a method by which each resident filing a grievance will be made aware of the State Long-Term Care Ombudsman and that the Ombudsman may be contacted as an alternative or in addition to the home's grievance mechanism. As used in this section, “Ombudsman” means the State Long-Term Care Ombudsman established in chapter 75 of this title pursuant to the Older Americans Act of 1965, as amended.

(c) The grievance mechanism within the facility will provide, at a minimum:

(1) designation of employees responsible for handling and assessing the validity of a grievance or recommendation;

(2) a method of investigating and assessing the validity of a grievance or recommendation;

(3) methods of resolving grievances; and

(4) methods of recording grievances and actions taken.

(d) Complaints that cannot be resolved by the grievance procedure within the facility shall be referred to the Ombudsman within seven working days.

(e) Within seven days of receipt of the complaint, the Ombudsman shall notify the complainant and the nursing home that an investigation has been initiated and that a written report will be made to the complainant and the nursing home within 14 days.
33 V.S.A. § 4913 — VT Code / Title 33 / Chapter 49 / Section 4913
§ 4913. Reporting child abuse and neglect; remedial action
Status: in_force

(a) A mandated reporter is any:

(1) health care provider, including any:

(A) physician, surgeon, osteopath, chiropractor, or physician assistant licensed, certified, or registered under the provisions of Title 26;

(B) resident physician;

(C) intern;

(D) hospital administrator in any hospital in this State;

(E) registered nurse;

(F) licensed practical nurse;

(G) medical examiner;

(H) emergency medical personnel as defined in 24 V.S.A. § 2651(6);

(I) dentist;

(J) psychologist; and

(K) pharmacist;

(2) individual who is employed by a school district or an approved or recognized independent school, or who is contracted and paid by a school district or an approved or recognized independent school to provide student services, including any:

(A) school superintendent;

(B) headmaster of an approved or recognized independent school as defined in 16 V.S.A. § 11;

(C) school teacher;

(D) student teacher;

(E) school librarian;

(F) school principal; and

(G) school guidance counselor;

(3) child care worker;

(4) mental health professional;

(5) social worker;

(6) probation officer;

(7) employee, contractor, and grantee of the Agency of Human Services who have contact with clients;

(8) police officer;

(9) camp owner;

(10) camp administrator;

(11) camp counselor;

(12) member of the clergy; or

(13) employee of the Office of the Child, Youth, and Family Advocate established pursuant to chapter 32 of this title.

(b) As used in subsection (a) of this section, “camp” includes any residential or nonresidential recreational program.

(c) Any mandated reporter who reasonably suspects abuse or neglect of a child shall report in accordance with the provisions of section 4914 of this title within 24 hours of the time information regarding the suspected abuse or neglect was first received or observed.

(d)(1) The Commissioner shall inform the person who made the report under subsection (a) of this section:

(A) whether the report was accepted as a valid allegation of abuse or neglect;

(B) whether an assessment was conducted and, if so, whether a need for services was found; and

(C) whether an investigation was conducted and, if so, whether it resulted in a substantiation.

(2) Upon request, the Commissioner shall provide relevant information contained in the case records concerning a person's report to a person who:

(A) made the report under subsection (a) of this section; and

(B) is engaged in an ongoing working relationship with the child or family who is the subject of the report.

(3) Any information disclosed under subdivision (2) of this subsection shall not be disseminated by the mandated reporter requesting the information. A person who intentionally violates the confidentiality provisions of this section shall be fined not more than $2,000.00.

(4) In providing information under subdivision (2) of this subsection, the Department may withhold:

(A) information that could compromise the safety of the reporter or the child or family who is the subject of the report; or

(B) specific details that could cause the child to experience significant mental or emotional stress.

(e) Any other concerned person not listed in subsection (a) of this section who has reasonable cause to believe that any child has been abused or neglected may report or cause a report to be made in accordance with the provisions of section 4914 of this title.

(f)(1) Any person other than a person suspected of child abuse, who in good faith makes a report to the Department shall be immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of making a report.

(2) An employer or supervisor shall not discharge; demote; transfer; reduce pay, benefits, or work privileges; prepare a negative work performance evaluation; or take any other action detrimental to any employee because that employee filed a good faith report in accordance with the provisions of this subchapter. Any person making a report under this subchapter shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of the reporting party by reason of his or her making a report.

(g) The name of and any identifying information about either the person making the report or any person mentioned in the report shall be confidential unless:

(1) the person making the report specifically allows disclosure;

(2) a Human Services Board proceeding or a judicial proceeding results from the report;

(3) a court, after a hearing, finds probable cause to believe that the report was not made in good faith and orders the Department to make the name of the reporter available; or

(4) a review has been requested pursuant to section 4916a of this title, and the Department has determined that identifying information can be provided without compromising the safety of the reporter or the persons mentioned in the report.

(h)(1) A person who violates subsection (c) of this section shall be fined not more than $500.00.

(2) A person who violates subsection (c) of this section with the intent to conceal abuse or neglect of a child shall be imprisoned not more than six months or fined not more than $1,000.00, or both.

(3) This section shall not be construed to prohibit a prosecution under any other provision of law.

(i) Except as provided in subsection (j) of this section, a person may not refuse to make a report required by this section on the grounds that making the report would violate a privilege or disclose a confidential communication.

(j) A member of the clergy shall not be required to make a report under this section if the report would be based upon information received in a communication that is:

(1) made to a member of the clergy acting in his or her capacity as spiritual advisor;

(2) intended by the parties to be confidential at the time the communication is made;

(3) intended by the communicant to be an act of contrition or a matter of conscience; and

(4) required to be confidential by religious law, doctrine, or tenet.

(k) When a member of the clergy receives information about abuse or neglect of a child in a manner other than as described in subsection (j) of this section, he or she is required to report on the basis of that information even though he or she may have also received a report of abuse or neglect about the same person or incident in the manner described in subsection (j) of this section.

(l) A mandated reporter as described in subdivision (a)(2) of this section shall not be deemed to have violated the requirements of this section solely on the basis of making condoms available to a secondary school student in accordance with 16 V.S.A. § 132.
33 V.S.A. § 4604 — VT Code / Title 33 / Chapter 46 / Section 4604
§ 4604. Limitation of scope
Status: in_force

Nothing in this chapter shall be construed to supersede or usurp the statutory powers or authority of any State agency or department or any school district.
33 V.S.A. § 1813 — VT Code / Title 33 / Chapter 18 / Section 1813
§ 1813. Reflective health benefit plans
Status: in_force

(a)(1) In the event that federal cost-sharing reduction payments to insurers are suspended or discontinued, registered carriers may offer to individuals and employees of small employers nonqualified reflective health benefit plans that do not include funding to offset the loss of the federal cost-sharing reduction payments. These plans shall be similar to, but contain at least one variation from, qualified health benefit plans offered through the Vermont Health Benefit Exchange that include funding to offset the loss of the federal cost-sharing reduction payments.

(2) In its review and approval of premium rates pursuant to 8 V.S.A. § 4026, the Green Mountain Care Board shall ensure that:

(A) the rates for some or all qualified health benefit plans offered through the Vermont Health Benefit Exchange include funding to offset the loss of the federal cost-sharing reduction payments; and

(B) the rates for the reflective health benefit plans described in subdivision (1) of this subsection (a) do not include funding to offset the loss of the federal cost-sharing reduction payments.

(3) To the extent not expressly prohibited under federal law, the Green Mountain Care Board shall ensure that funding to offset the loss of the federal cost-sharing reduction payments is included exclusively in silver-level qualified health benefit plans offered through the Vermont Health Benefit Exchange.

(b) A reflective health benefit plan shall comply with the requirements of section 1806 of this title except that the plan shall not be offered through the Vermont Health Benefit Exchange.
33 V.S.A. § 1810 — VT Code / Title 33 / Chapter 18 / Section 1810
§ 1810. Rules
Status: in_force

The Secretary of Human Services may adopt rules pursuant to 3 V.S.A. chapter 25 as needed to carry out the duties and functions established in this subchapter.
33 V.S.A. § 5129 — VT Code / Title 33 / Chapter 51 / Section 5129
§ 5129. Information from law enforcement agency
Status: in_force

(a) Information to all victims in juvenile and youthful offender proceedings. After initial contact between a victim and a law enforcement agency responsible for investigating the offense, the agency shall promptly give in writing to the victim:

(1) an explanation of the victim's rights under this chapter and chapters 52 and 52A of this title; and

(2) information concerning the availability of:

(A) assistance to victims, including medical, housing, counseling, and emergency services;

(B) compensation for victims under 13 V.S.A. chapter 167 and the name, street address, and telephone number of the Center for Crime Victim Services;

(C) protection for the victim, including protective court orders; and

(D) access by the victim and the offender to records related to the case that are public under the provisions of 1 V.S.A. chapter 5, subchapter 3 (access to public records).

(b) Information to victims of listed crimes. As soon as practicable, the law enforcement agency shall use reasonable efforts to give to the victim of a listed crime, as relevant, all of the following:

(1) information as to the offender's identity unless inconsistent with law enforcement purposes;

(2) information as to whether the offender has been taken into custody;

(3) the file number of the case and the name, office street address, and telephone number of the law enforcement officer currently assigned to investigate the case;

(4) the prosecutor's name, office street address, and telephone number;

(5) an explanation that no individual is under an obligation to respond to questions that may be asked outside a courtroom or deposition; and

(6) information concerning any conditions of release imposed on the offender prior to an initial court appearance, unless otherwise limited by court order.
33 V.S.A. § 2605 — VT Code / Title 33 / Chapter 26 / Section 2605
§ 2605. Benefit amounts
Status: in_force

(a) The Secretary of Human Services or designee shall by rule establish a table that specifies maximum percentages of applicant households' annual heating fuel costs, based on the proxy table established pursuant to subsection 2604(b) of this title that can be authorized for payment as annual home heating fuel assistance benefits for the following year. The maximum percentages contained within this table shall vary by household size and annual household income. In no instance shall the percentage exceed 90 percent.

(b) The maximum percentages of annual heating fuel costs table established in subsection (a) of this section shall provide proportionally higher benefit percentages to households with a gross income of 154 percent of the federal poverty guidelines or less and proportionally lower benefit percentages to households with a gross income of 155 to 185 percent of the federal poverty guideline.

(c) Annually, based on the number of eligible households that have applied or are projected to apply, and on the eligibility of households in the benefit categories established in this section, the Secretary of Human Services or designee shall, by procedure, set the payment rate that shall be used to determine the amount of annual Home Heating Fuel Assistance for each eligible household. In no event shall the payment rate be greater than 100 percent of the maximum percentage established by rule as required by subsection (a) of this section.

(d) In the case of a household for which the cost of heat is not supplied by the landlord, the household's annual Home Heating Fuel Assistance benefit is the household's annual heating fuel cost as defined in subsection 2604(b) of this title, multiplied by the maximum percentage for that household found in the table established by subsection (a) of this section, multiplied by the payment rate established in subsection (c) of this section.

(e) Households that make undesignated payments for energy for home heat in the form of rent and that are not participating in a public, subsidized, or Section 8 housing program shall be eligible for an annual Home Heating Fuel Assistance benefit in an amount equal to 30 percent of the benefit the household would have received if the household were purchasing energy for home heating fuel directly or in the amount of $50.00, whichever amount is greater.

(f) Households that make undesignated payments for energy for home heat in the form of rent and are participating in a public, subsidized, or Section 8 housing program shall be eligible for a nominal annual Home Heating Fuel Assistance benefit of $21.00.

(g) Residents of the dwelling unit who make reasonable compensation in the form of room rent and who are not members of the same household shall be eligible for an annual Home Heating Fuel Assistance benefit in the amount of $21.00.

(h) Households receiving benefits from 3SquaresVT whose head of household is not otherwise eligible for a fuel benefit under this section shall be eligible for a nominal annual Home Heating Fuel Assistance benefit of $21.00.
33 V.S.A. § 6309 — VT Code / Title 33 / Chapter 63 / Section 6309
§ 6309. Staff safety; discharge from service
Status: in_force

(a) If an individual was previously discharged from service by a home health agency to protect the safety of staff in accordance with the rules adopted by the Department of Disabilities, Aging, and Independent Living pursuant to subsection 6303(a) of this chapter, and the behavior or conditions causing the discharge cannot be reasonably mitigated or eliminated, a home health agency may:

(1) deny a subsequent admission; or

(2) decline to send a home health agency employee to make a visit if the home health agency has reason to believe that the individual who exhibited the behavior that resulted in the discharge is present in the home.

(b) Nothing in this section shall be construed to require a home health agency to enter a home to determine if a risk can be mitigated or eliminated.

(c) A home health agency shall provide notice of any denial of admission made pursuant to this section. The notice shall include the reason for the denial of admission and information regarding how an individual may submit a complaint pursuant to section 6308 of this chapter in accordance with the rules adopted by the Department of Disabilities, Aging, and Independent Living pursuant to subsection 6303(a) of this chapter.
33 V.S.A. § 152 — VT Code / Title 33 / Chapter 1 / Section 152
§ 152. Access to records
Status: in_force

(a) The Commissioner may obtain from the Vermont Crime Information Center the record of convictions of any person to the extent required by law or the Commissioner has determined by rule that such information is necessary to regulate a facility or individual subject to regulation by the Department or to carry out the Department's child protection obligations under chapters 49-59 of this title. The Commissioner shall first notify the person whose record is being requested.

(b) The owner or operator of a facility licensed or registered by the Department may ask the Commissioner for the record of convictions and the record of substantiated reports of child abuse of a current employee or a person to whom the owner or operator has given a conditional offer of employment. The request shall be in writing and shall be accompanied by a release signed by the current or prospective employee. The owner or operator shall inform the current or prospective employee that he or she has the right to appeal the accuracy and completeness of the record. Upon receiving a request under this subsection, the Commissioner shall ask the Vermont Crime Information Center for the record of convictions of the current or prospective employee.

(c) If the person has a record of convictions, the Commissioner shall provide the owner or operator with a copy of the record. If the person has a record of substantiated reports of child abuse, the Commissioner shall inform the requesting owner or operator that such record exists.

(d) Information released to an owner or operator under this section shall not be released or disclosed by the owner or operator to any other person. Release or disclosure of such information by an owner or operator may result in the loss of the license or registration.

(e) As used in this section:

(1) “Commissioner” means the Commissioner for Children and Families or the Commissioner's designee.

(2) “Employee” shall include volunteers.

(3) “Substantiated reports of child abuse” means reports of child abuse substantiated under section 4915 of this title.

(4) “Volunteer” means an individual who, without compensation, provides services through a public or private organization.
33 V.S.A. § 5120 — VT Code / Title 33 / Chapter 51 / Section 5120
§ 5120. Indian Child Welfare Act
Status: in_force

The federal Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., governs any proceeding under this title that pertains to an Indian child, as defined by the Indian Child Welfare Act, and prevails over any inconsistent provision of this title.
33 V.S.A. § 5721 — VT Code / Title 33 / Chapter 57 / Section 5721
§ 5721. Purpose
Status: in_force

(a) The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in so doing have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

(b) It is the purpose of this compact, through means of joint and cooperative action among the compacting states, to:

(1) ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state;

(2) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected;

(3) return juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return;

(4) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services;

(5) provide for the effective tracking and supervision of juveniles;

(6) equitably allocate the costs, benefits, and obligations of the compacting states;

(7) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders;

(8) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;

(9) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact;

(10) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state, executive, judicial, and legislative branches, and juvenile and criminal justice administrators;

(11) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance;

(12) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and

(13) coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision, and other compacts affecting juveniles, particularly in those cases where concurrent or overlapping supervision issues arise.

(c) It is the policy of the compacting states that the activities conducted by the Interstate Commission created in this chapter are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
33 V.S.A. § 6918 — VT Code / Title 33 / Chapter 69 / Section 6918
§ 6918. Rulemaking
Status: in_force

The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 to implement this subchapter, including:

(1) conducting referrals on intakes, including:

(A) required referrals; and

(B) referrals on intake reports not accepted for assessment or investigation;

(2) conducting assessments, including:

(A) the components of an assessment;

(B) the determinations of an assessment; and

(C) timelines required for the assessment; and

(3) conducting investigations, including:

(A) the components of an investigation;

(B) the determinations of an investigation; and

(C) timelines required for the investigation.
33 V.S.A. § 4701 — VT Code / Title 33 / Chapter 47 / Section 4701
§ 4701. Legislative findings and purpose
Status: in_force

(a) The General Assembly finds that early intervention and family support services offers the chance for children at risk of school failure to enter school better prepared to learn. Children who succeed in school are more likely to fulfill their potential as adults. An early investment in a child's learning potential may lessen the need for remedial services. The role of parents as their child's first teachers should be strengthened through a community-based system of early childhood services that provide the earliest opportunity to identify and serve children at risk of school failure. The State shall provide, or assist parents in the provision of such aid through community-based public or private early childhood development services for as long as the parents are eligible and continue to desire such services for themselves and their children. However, parents may refuse aid or services or may discontinue these services at any time without incurring any record or presumption of neglect or abuse based solely on their decision to reject these services.

(b) The General Assembly finds that early education contributes to the health of our society just as importantly as does good nutrition and proper immunization. Children's healthy intellectual development is greatly enhanced by their early and consistent exposure to books and other educational materials and experiences. The General Assembly also finds that opportunity for school success may be enhanced for children at risk of school failure by providing parents of such children with information on a variety of approaches to child development.

(c) The General Assembly finds that currently available early child development services are provided by many State departments and community agencies, but they are not uniformly available or coordinated or sufficiently well known by parents.

(d) Therefore, it is the policy of the State of Vermont and this chapter to offer all families assistance in the preparation of their children for school, from the time of birth onward, through a community-based education and human services system with the capability to identify preschool children at risk of school failure and to reduce this number through health, education, and family support programs. It is the goal of this chapter that few children enter school at risk of school failure, and that those who do have been previously identified where possible and have received appropriate early education, child care, and health care services on a voluntary basis. A goal of this chapter is to widely disseminate public information about State laws related to child abuse and neglect.
33 V.S.A. § 5925 — VT Code / Title 33 / Chapter 59 / Section 5925
§ 5925. Placement of delinquent children [Contingently repealed; effective until contingency met]
Status: in_force

The officers and agencies of this State having authority to place delinquent children may place such a child in an institution or in another state pursuant to Article VI of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article V thereof.

The term “executive head” in this State means the Secretary of Human Services. The Secretary of Human Services is hereby authorized to appoint a compact administrator in accordance with the terms of section 5907 of this title. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 1809 — VT Code / Title 33 / Chapter 18 / Section 1809
§ 1809. Publication of costs and satisfaction surveys
Status: in_force

(a) The Vermont Health Benefit Exchange shall publish the average costs of licensing, regulatory fees, and any other payments required by the Exchange, as well as the administrative costs of the Exchange, on a website intended to educate consumers about such costs. This information shall include information on monies lost to waste, fraud, and abuse.

(b) The Vermont Health Benefit Exchange shall publish the deidentified results of the satisfaction surveys and other evaluation mechanisms required pursuant to subdivision 1805(13) of this title on a website intended to enable consumers to compare the qualified health benefit plans offered through the Exchange.
33 V.S.A. § 3511 — VT Code / Title 33 / Chapter 35 / Section 3511
§ 3511. Definitions
Status: in_force

As used in this chapter:

(1) “Child” means an individual under 13 years of age.

(2) “Child care facility” means any place or program operated as a business or service on a regular or continuous basis, whether for compensation or not, whose primary function is protection, care, and supervision of children under 16 years of age outside their homes for periods of fewer than 24 hours a day by a person other than a child's own parent, guardian, or relative, as defined by rules adopted by the Department for Children and Families, but not including a kindergarten approved by the State Board of Education.

(3) “Child care provider” means a person licensed or registered by the Department for Children and Families, or authorized by the Department, to provide child care.

(4) “Child care services” include developmentally appropriate care and supervision for children under 13 years of age for fewer than 24 hours a day by a child care provider.

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

(6) “Division” means the Child Development Division.

(7) “Family child care home” means a child care facility that provides care on a regular basis in the caregiver's own residence.

(8) “Training” means an activity, approved by the Commissioner or the Commissioner's designee, that is likely to lead to employment or required to maintain employment.
33 V.S.A. § 7116 — VT Code / Title 33 / Chapter 71 / Section 7116
§ 7116. Criminal penalty
Status: in_force

A person who knowingly violates the licensure, reporting of unlicensed facilities, or confidentiality requirements of this chapter or the provisions relating to placing, referring, or recommending placement of a person in an unlicensed facility shall be fined not more than $500.00 or imprisoned not more than six months, or both.
33 V.S.A. § 6202 — VT Code / Title 33 / Chapter 62 / Section 6202
§ 6202. Principles of system of services, supports, and protections for older Vermonters
Status: in_force

The State of Vermont adopts the following principles for a comprehensive and coordinated system of services and supports for older Vermonters:

(1) Self-determination. Older Vermonters should be able to direct their own lives as they age so that aging is not something that merely happens to them but a process in which they actively participate. Whatever services, supports, and protections are offered, older Vermonters deserve dignity and respect and must be at the core of all decisions affecting their lives, with the opportunity to accept or refuse any offering.

(2) Safety and protection. Older Vermonters should be able to live in communities, whether urban or rural, that are safe and secure. Older Vermonters have the right to be free from abuse, neglect, and exploitation, including financial exploitation. As older Vermonters age, their civil and legal rights should be protected, even if their capacity is diminished. Safety and stability should be sought, balanced with their right to self-determination.

(3) Coordinated and efficient system of services. Older Vermonters should be able to benefit from a system of services, supports, and protections, including protective services, that is coordinated, equitable, and efficient; includes public and private cross-sector collaboration at the State, regional, and local levels; and avoids duplication while promoting choice, flexibility, and creativity. The system should be easy for individuals and families to access and navigate, including as it relates to major transitions in care. The system should be designed to address the needs and concerns of Older Vermonters and their families during normal times and in the event of a public health crisis, natural disaster, or other widespread emergency situation in this State.

(4) Financial security. Older Vermonters should be able to receive an adequate income and have the opportunity to maintain assets for a reasonable quality of life as they age. If older Vermonters want to work, they should be able to seek and maintain employment without fear of discrimination and with any needed accommodations. Older Vermonters should also be able to retire after a lifetime of work, if they so choose, without fear of poverty and isolation.

(5) Optimal health and wellness. Older Vermonters should have the opportunity to receive, without discrimination, optimal physical, dental, mental, emotional, and spiritual health through the end of their lives. Holistic options for health, exercise, counseling, and good nutrition should be both affordable and accessible. Access to coordinated, competent, and high-quality care should be provided at all levels and in all settings.

(6) Social connection and engagement. Older Vermonters should be free from isolation and loneliness, with affordable and accessible opportunities in their communities for social connectedness, including work, volunteering, lifelong learning, civic engagement, arts, culture, and broadband access and other technologies. Older Vermonters are critical to our local economies and their contributions should be valued by all.

(7) Housing, transportation, and community design. Vermont communities should be designed, zoned, and built to support the health, safety, and independence of older Vermonters, with affordable, accessible, appropriate, safe, and service-enriched housing, transportation, and community support options that allow them to age in a variety of settings along the continuum of care and that foster engagement in community life.

(8) Family caregiver support. Family caregivers are fundamental to supporting the health and well-being of older Vermonters, and their hard work and contributions should be respected, valued, and supported. Family caregivers of all ages should have affordable access to education, training, counseling, respite, and support that is both coordinated and efficient.
33 V.S.A. § 5922 — VT Code / Title 33 / Chapter 59 / Section 5922
§ 5922. Appropriate public authorities [Contingently repealed; effective until contingency met]
Status: in_force

The “appropriate public authorities” as used in Article II of the Interstate Compact on the Placement of Children shall, with reference to this State, mean the Department for Children and Families, and the Department shall receive and act with reference to notices required by Article III.

This State's “government child welfare agency or child protection agency,” “public child placing agency,” and “central state compact office” is the Department for Children and Families. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 6703 — VT Code / Title 33 / Chapter 67 / Section 6703
§ 6703. Contract for services
Status: in_force

(a) Subject to the provisions of subsection (b) of this section, the Commissioner of Vermont Health Access shall contract on an annual basis with individuals or private organizations to provide services authorized by this chapter to dual eligible individuals including pursuit of subrogation claims under section 6705 of this chapter.

(b) The Commissioner shall not be required to enter into contracts under this section if both of the following conditions are met:

(1) The amount of the State's share of recoveries to the Medicaid program from awards obtained under this chapter during the preceding year did not exceed the payments to the contractors during that year.

(2) The Commissioner determines that the program is not accomplishing its goal of protecting dual eligible individuals from improper denials of Medicare coverage. The Commissioner shall base this determination on information obtained from the contractors, providers of health care, area agencies on aging, and other individuals and organizations affected by the program.
33 V.S.A. § 502 — VT Code / Title 33 / Chapter 5 / Section 502
§ 502. Definitions
Status: in_force

As used in this chapter:

(1) “Adult foster care” means provision of 24-hour home care services for one or two adult persons with a disability in the residence of the person providing the home care services.

(2) “Americans with Disabilities Act” means the federal Americans with Disabilities Act of 1990 and regulations promulgated under the Act, as amended at any time.

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

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

(5) “Home care services” include room, board, safety services, household services, and any specialized services to meet the unique needs of the individual.

(6) “Older Americans Act” means the federal Older Americans Act of 1965 and regulations promulgated under the Act, as amended at any time.

(7) “Older persons” means individuals who have attained the age of 60 years.

(8) “Persons with disabilities” means individual Vermonters who have functional limitations by virtue of physical, psychiatric, cognitive, or psychological conditions.

(9) “Rehabilitation Act” means the federal Rehabilitation Act of 1973 and regulations promulgated under the Act, as amended at any time.

(10) “Social Security Act” means the federal Social Security Act and regulations promulgated under the Act, as amended at any time.
33 V.S.A. § 1131 — VT Code / Title 33 / Chapter 11 / Section 1131
§ 1131. Administrative improvements
Status: in_force

For the purpose of improving the family development programs administered by the departments within the Agency of Human Services, including the Reach Up program, the Secretary shall:

(1) design and implement a quality assurance function for the case management component of the Reach Up program to ensure that appropriate services are being provided to families enrolled in the program;

(2) continue to improve caseload and expenditure forecasting for all social welfare programs; and

(3) develop standards and procedures for the training, including diversity education, of qualified case managers in the Reach Up program.
33 V.S.A. § 5256 — VT Code / Title 33 / Chapter 52 / Section 5256
§ 5256. Temporary care order
Status: in_force

(a) The court shall order that custody be returned to the child's custodial parent, guardian, or custodian unless the court finds by a preponderance of the evidence that return to the home would be contrary to the welfare of the child because of any of the following:

(1) The child cannot be controlled at home and is at risk of harm to self or others.

(2) Continued residence in the home will not protect the community because of the serious and dangerous nature of the act the child is alleged to have committed.

(3) The child's welfare is otherwise endangered.

(b) Upon a finding that any of the conditions set forth in subsection (a) of this section exists, the court may issue such temporary orders related to the custody of the child as it deems necessary and sufficient to protect the welfare and safety of the child, and the safety of the community, including:

(1) a conditional custody order returning custody of the child to the custodial parent, guardian, or custodian, subject to such conditions and limitation as the court may deem necessary and sufficient to protect the child and the community;

(2) an order transferring temporary custody of the child to a noncustodial parent or a relative;

(3) a temporary care order transferring temporary custody of the child to the Commissioner.

(c)(1) If the court transfers custody of the child to the Commissioner, the court shall issue a written temporary care order. The order shall include:

(A) a finding that remaining in the home is contrary to the child's welfare and the facts upon which that finding is based; and

(B) a finding as to whether reasonable efforts were made to prevent the unnecessary removal of the child from the home.

(2) If at the conclusion of the hearing the court lacks sufficient evidence to make findings on whether reasonable efforts were made to prevent the removal of the child from the home, that determination shall be made at the next scheduled hearing in the case but, in any event, no later than 60 days after the issuance of the initial order removing a child from the home.

(3) The order may include such other provisions as may be necessary for the protection and welfare of the child, including:

(A) conditions of release;

(B) an order for parent-child contact under such terms and conditions as are necessary for the protection of the child;

(C) an order that the Department provide the child with services if legal custody of the child has been transferred to the Commissioner;

(D) an order that the Department refer a parent to services;

(E) a genetic testing order if parentage of the child is at issue;

(F) an order that the Department make diligent efforts to locate the noncustodial parent;

(G) an order that the custodial parent provide the Department with names of all potential noncustodial parents and relatives of the child; and

(H) an order establishing protective supervision and requiring the Department to make appropriate service referrals for the child and the family if legal custody is transferred to an individual other than the Commissioner.

(4) In his or her discretion, the Commissioner may provide assistance and services to children and families to the extent that funds permit, notwithstanding subdivision (3)(C) of this subsection.
33 V.S.A. § 1804 — VT Code / Title 33 / Chapter 18 / Section 1804
§ 1804. Qualified employers [Effective until January 1, 2026; see also 33 @ § 1804 effective January 1, 2026 set out below]
Status: repealed

(a)(1) Until January 1, 2016, a qualified employer shall be an entity that employed an average of not more than 50 employees on working days during the preceding calendar year, and the term “qualified employer” includes self-employed persons to the extent permitted under the Affordable Care Act. Calculation of the number of employees of a qualified 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).

(2) An employer with 50 or fewer employees that offers a qualified health benefit plan to its employees through the Vermont Health Benefit Exchange 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)(1) On and after January 1, 2016, a qualified employer shall be an entity that employed an average of not more than 100 employees on working days during the preceding calendar year, and the term “qualified employer” 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).

(2) An employer with 100 or fewer employees that offers a qualified health benefit plan to its employees through the Vermont Health Benefit Exchange 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.

(c) [Repealed.]

(a) [Repealed.]

(b)(1) A qualified employer shall be an entity that employed an average of not more than 100 employees on working days during the preceding calendar year, and the term “qualified employer” 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).

(2) An employer with 100 or fewer employees that offers a qualified health benefit plan to its employees through the Vermont Health Benefit Exchange 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.

(c) [Repealed.]
33 V.S.A. § 7115 — VT Code / Title 33 / Chapter 71 / Section 7115
§ 7115. Exception
Status: in_force

Nothing in this chapter or the rules adopted pursuant to this chapter shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of a recognized church or religious denomination, except as to the sanitary and safe condition of the premises, cleanliness of operation, and its physical equipment.
33 V.S.A. § 904 — VT Code / Title 33 / Chapter 9 / Section 904
§ 904. Rate setting
Status: in_force

(a) The Director shall establish by rule procedures for determining payment rates for care of State-assisted persons to nursing homes and to such other providers as the Secretary shall direct. The Secretary shall have the authority to establish rates that the Secretary deems sufficient to ensure that the quality standards prescribed by section 7117 of this title are maintained, subject to the provisions of section 906 of this title. Beginning in State fiscal year 2003, the Medicaid budget for care of State-assisted persons in nursing homes shall employ an annual inflation factor that is reasonable and that adequately reflects economic conditions, in accordance with the provisions of Section 5.8 of the rules adopted by the Division of Rate Setting (Methods, Standards, and Principles for Establishing Medicaid Payment Rates for Long-Term Care Facilities).

(b) No payment shall be made to any nursing home, on account of any State-assisted person, unless the nursing home is certified to participate in the State/federal medical assistance program and has in effect a provider agreement.
33 V.S.A. § 1102 — VT Code / Title 33 / Chapter 11 / Section 1102
§ 1102. Purpose
Status: in_force

(a) The purpose of the Reach Up program is:

(1) to assist families, recognizing individual and unique characteristics, to obtain the opportunities and skills necessary for self-sufficiency;

(2) to encourage economic independence by removing barriers and disincentives to work and providing positive incentives to work;

(3) to support parental nurturing;

(4) to support parental responsibility and positive parental role models, both custodial and noncustodial;

(5) to measure the success of the system by what is best for children;

(6) to improve the well-being of children by providing for their immediate basic needs, including food, housing, and clothing;

(7) to respect the dignity of individuals and families receiving assistance by providing employment, education, and other services through social service delivery systems available to all Vermont residents and by encouraging the private sector to integrate families receiving assistance into the mainstream of the employment market;

(8) to recognize the challenges facing many families receiving assistance by minimizing structural financial disincentives to increased earnings and the abrupt termination of assistance before parents are fully integrated into the employment market;

(9) to conserve State public financial resources by operating the system of aid in a manner that is efficient and avoids federal fiscal sanctions; and

(10) to conform to the federal TANF law.

(b) The critical elements of developing a program that assists families to attain self-sufficiency are:

(1) the opportunity and obligation to work for those parents who are physically, emotionally, and otherwise able to do so;

(2) cooperative and realistic goal-setting, coupled with individualized case management that addresses each individual's situation and barriers to self-sufficiency;

(3) rigorous child support collection from noncustodial parents; and

(4) a full range of supportive modalities, including appropriate training, education, financial assistance, child care, counseling, and transportation.
33 V.S.A. § 4106 — VT Code / Title 33 / Chapter 41 / Section 4106
§ 4106. Assignment of rights
Status: in_force

(a) When an assignment of the right to support is in effect pursuant to section 3902 of this title or pursuant to this section, or when payments are being made through the Registry, the custodial parent shall be considered to have appointed the Director of the Office of Child Support as his or her attorney in fact to perform the specific act of endorsing over to the Registry all drafts, checks, money orders, or other negotiable instruments for support of the child or to transfer any payments received by the Registry to the registering tribunal of another state, as defined in 15B V.S.A. § 101(19), after a written request is received from the obligee or the other state on behalf of the obligee or under an assignment of rights.

(b) When an assignment is in effect, any amounts accrued under a support obligation as of the date of assignment, and any amount accruing while the assignment is in effect, shall be owing to and payable to the Registry without further order of the court.

(c) A person applying for IV-D services who is not receiving welfare assistance may assign support rights to the State, but such an assignment shall not be a condition of eligibility for IV-D services.

(d) Persons who have assigned their support rights to the State shall be informed of actions that will be taken on their behalf and shall be entitled to information concerning the progress or results of any such action. Thirty days prior to the initiation of any court proceeding, the Office of Child Support shall give the assignor notice and provide the assignor the opportunity to timely raise claims, through the waiver process, that such actions would not be in the best interests of the children.

(e) If arrearages accrue after support rights have been assigned and the obligor and obligee subsequently reunite, the Office of Child Support may not take any action to collect the support arrearages, unless the reunited family has a gross income equal to or greater than 225 percent of poverty, as defined by the U.S. Department of Health and Human Services.

(f) When an assignment is in effect, the State shall be guided by the best interests of the child for whose benefit the action is taken.

(1) The amount of child support indicated by the guidelines shall be presumed to be in the child's best interests, but other relevant information that is readily available, including information provided by the parents, shall be considered together with the factors set out in 15 V.S.A. § 659.

(2) If, after reasonable inquiry into the circumstances of the family, it is determined by the Office of Child Support that an action would not be in the best interests of the affected child, a support action should not be undertaken.
33 V.S.A. § 5126 — VT Code / Title 33 / Chapter 51 / Section 5126
§ 5126. Retention of jurisdiction over certain vulnerable noncitizen children
Status: in_force

(a) Definitions. As used in this section:

(1) “Child” means an unmarried individual who has not yet attained 21 years of age and who is not a U.S. citizen.

(2) “Noncitizen” means any person who is not a U.S. citizen.

(3) “Vulnerable” means there is reasonable cause to suspect that a child's health, safety, or welfare is in jeopardy due to abuse, neglect, abandonment, or similar circumstances and that return to the child's or the child's parent's country of origin or country of last habitual residence would not be in the best interests of the child.

(b) Jurisdiction. The Family Division of the Superior Court may retain jurisdiction over a noncitizen child who has not yet attained 21 years of age for the sole purpose of adjudicating a petition for special findings and making judicial determinations regarding the custody and care of the child consistent with this section. Nothing in this section is intended to expand the scope of the court's jurisdiction to order a youth into the custody of the Commissioner for Children and Families pursuant to this chapter.

(c) Procedure for petition to make special findings for vulnerable noncitizen children.

(1) A vulnerable noncitizen child, or a person interested in the welfare of the vulnerable noncitizen child, may petition the court for special findings to protect the child and obtain relief from the underlying abandonment, abuse, neglect, or similar circumstance.

(2) In accordance with the procedure set forth in 14 V.S.A. § 3098, the court shall review the petition, including any supporting affidavits and other evidence presented; issue findings of fact; and make relevant conclusions of law consistent with section 5101 of this chapter.

(d) Expeditious adjudication. When it is consistent with the purposes as set forth in section 5101 of this chapter, the court shall hear, adjudicate, and issue findings of fact and conclusions of law on any petition for special findings under this section as soon as it is administratively feasible and prior to the vulnerable noncitizen child attaining 21 years of age.

(e) Additional available remedies under Vermont law; similar findings of fact.

(1) This section shall not limit a child from petitioning for special findings for a petition under any other provision of law or from petitioning for any other rights and remedies available to the child under any other provision of law.

(2) This section shall not limit the court from issuing similar findings of fact or conclusions of law to those described in this section in any other proceeding concerning the vulnerable noncitizen child.

(f) Confidential information. In any judicial proceedings in response to a request that the court make the findings necessary to support a petition under this section, information regarding the child's immigration status, nationality, or place of birth that is not otherwise protected by State laws shall remain confidential. This information shall also be exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except that the information shall be available for inspection by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the child's counsel, and the child's guardian.
33 V.S.A. § 1997 — VT Code / Title 33 / Chapter 19 / Section 1997
§ 1997. Definitions
Status: in_force

As used in this subchapter:

(1) “Board” or “Drug Utilization Review Board” means the Drug Utilization Review Board established in connection with the Medicaid program.

(2) “Commissioner” means the Commissioner of Vermont Health Access.

(3) “Health benefit plan” means a health benefit plan with prescription drug coverage offered or administered by a health insurer, as defined by 18 V.S.A. § 9402, and the out-of-state counterparts to such plans. The term includes:

(A) any State public assistance program with a health benefit plan that provides coverage of prescription drugs;

(B) any health benefit plan offered by or on behalf of the State of Vermont or any instrumentality of the State providing coverage for government employees and their dependents that agrees to participate in the Program; and

(C) any insured or self-insured health benefit plan that agrees to participate in the Program.

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

(5) “Participating health benefit plan” means a health benefit plan that has agreed to participate in one or more components of the Pharmacy Best Practices and Cost Control Program.

(6) “Program” or “the Pharmacy Best Practices and Cost Control Program” means the Pharmacy Best Practices and Cost Control Program established by this subchapter.

(7) “State public assistance program” includes the Medicaid program, VPharm, the State Children's Health Insurance Program, the State of Vermont AIDS Medication Assistance Program, the General Assistance program, the Pharmacy Discount Plan Program, and the out-of-state counterparts to such programs.
33 V.S.A. § 5101 — VT Code / Title 33 / Chapter 51 / Section 5101
§ 5101. Purposes
Status: in_force

(a) The juvenile judicial proceedings chapters shall be construed in accordance with the following purposes:

(1) to provide for the care, protection, education, and healthy mental, physical, and social development of children coming within the provisions of the juvenile judicial proceedings chapters;

(2) to remove from children committing delinquent acts the taint of criminality and the consequences of criminal behavior and to provide supervision, care, and rehabilitation that ensure:

(A) balanced attention to the protection of the community;

(B) accountability to victims and the community for offenses; and

(C) the development of competencies to enable children to become responsible and productive members of the community;

(3) to preserve the family and to separate a child from his or her parents only when necessary to protect the child from serious harm or in the interests of public safety;

(4) to ensure that safety and timely permanency for children are the paramount concerns in the administration and conduct of proceedings under the juvenile judicial proceedings chapters;

(5) to achieve the foregoing purposes, whenever possible, in a family environment, recognizing the importance of positive parent-child relationships to the well-being and development of children;

(6) to provide judicial proceedings through which the provisions of the juvenile judicial proceedings chapters are executed and enforced and in which the parties are ensured a fair hearing, and that their constitutional and other legal rights are recognized and enforced.

(b) The provisions of the juvenile judicial proceedings chapters shall be construed as superseding the provisions of the criminal law of this State to the extent the same are inconsistent with this chapter.
33 V.S.A. § 3208 — VT Code / Title 33 / Chapter 32 / Section 3208
§ 3208. Cooperation of State agencies
Status: in_force

All State agencies shall comply with reasonable requests of the Child, Youth, and Family Advocate and Deputy Advocate for information and assistance.
33 V.S.A. § 5125 — VT Code / Title 33 / Chapter 51 / Section 5125
§ 5125. Reinstatement of parental rights
Status: in_force

(a) Petition for reinstatement.

(1) A petition for reinstatement of parental rights may be filed by the Department for Children and Families on behalf of a child in the custody of the Department under the following conditions:

(A) the child's adoption has been dissolved; or

(B) the child has not been adopted after at least three years from the date of the court order terminating parental rights.

(2) The child, if 14 years of age or older, may also file a petition to reinstate parental rights if the adoption has been dissolved, or if parental rights have been terminated and the child has not been adopted after three years from the date of the court order terminating parental rights. This section shall not apply to children who have been placed under permanent guardianship pursuant to 14 V.S.A. § 2664.

(b) Permanency plan. The Department shall file an updated permanency plan with the petition for reinstatement. The updated plan shall address the material change in circumstances since the termination of parental rights, the Department's efforts to achieve permanency, the reasons for the parent's desire to have rights reinstated, any statements by the child expressing the child's opinions about reinstatement, and the parent's present ability and willingness to resume or assume parental duties.

(c) Hearing.

(1) The court shall hold a hearing to consider whether reinstatement is in the child's best interests. The court shall conditionally grant the petition if it finds by clear and convincing evidence that:

(A) the parent is presently willing and has the ability to provide for the child's present and future safety, care, protection, education, and healthy mental, physical, and social development;

(B) reinstatement is the child's express preference;

(C) if the child is 14 years of age or older and has filed the petition, the child is of sufficient maturity to understand the nature of this decision;

(D) the child has not been adopted, or the adoption has been dissolved;

(E) the child is not likely to be adopted; and

(F) reinstatement of parental rights is in the best interests of the child.

(2) Upon a finding by clear and convincing evidence that all conditions set forth in subdivision (1) of this subsection exist and that reinstatement of parental rights is in the child's best interests, the court shall issue a conditional custody order for up to six months transferring temporary legal custody of the child to the parent, subject to conditions as the court may deem necessary and sufficient to ensure the child's safety and well-being. The court may order the Department to provide transition services to the family as appropriate. If during this time period the child is removed from the parent's temporary conditional custody due to allegations of abuse or neglect, the court shall dismiss the petition for reinstatement of parental rights if the court finds the allegations have been proven by a preponderance of the evidence.

(d) Final order. After the child is placed with the parent for up to six months pursuant to subsection (c) of this section, the court shall hold a hearing to determine if the placement has been successful. The court shall enter a final order of reinstatement of parental rights upon a finding by a preponderance of the evidence that placement continues to be in the child's best interests.

(e) Effect of reinstatement. Reinstatement of parental rights does not vacate or otherwise affect the validity of the original order terminating parental rights. Reinstatement restores a parent's legal rights to his or her child, including all rights, powers, privileges, immunities, duties, and obligations that were terminated by the court in the termination of parental rights order. Such reinstatement shall be a recognition that the parent's and child's situations have changed since the time of the termination of parental rights, and reunification is appropriate. An order reinstating the legal parent and child relationship as to one parent of the child has no effect on the legal rights of any other parent whose rights to the child have been terminated by the court; or the legal sibling relationship between the child and any other children of the parent. A parent whose rights are reinstated pursuant to this section is not liable for child support owed to the Department during the period from termination of parental rights to reinstatement.
33 V.S.A. § 1901m — VT Code / Title 33 / Chapter 19 / Section 1901m
§ 1901m. Reimbursement for emergency medical services
Status: in_force

(a) To the extent permitted under federal law or waivers of federal law, the Agency of Human Services shall reimburse a provider of emergency medical services for delivering emergency medical services to a Medicaid beneficiary who was not transported to a different location during the period of the emergency. The reimbursement shall be in an amount equal to the Medicare basic life support rate.

(b) Annually as part of its budget presentation, the Agency of Human Services shall report the amount of additional funds that would be necessary to reimburse emergency medical service providers at a level equal to the applicable Medicare rate for all emergency medical services delivered to Medicaid beneficiaries.
33 V.S.A. § 5926 — VT Code / Title 33 / Chapter 59 / Section 5926
§ 5926. Placement of neglected or unmanageable children [Contingently repealed; effective until contingency met]
Status: in_force

The officers and agencies of this State having authority to place neglected or unmanageable children may place such a child in another state. However, unless parental rights have been judicially terminated any such child being placed in another state pursuant to this compact shall, upon request, be given a court hearing on notice to the parent or guardian with opportunity to be heard prior to his or her being sent to such other state for care and the court finds that:

(1) equivalent facilities for the child are not available in this State;

(2) care in the other state is in the best interest of the child and will not produce undue hardship.
33 V.S.A. § 7601 — VT Code / Title 33 / Chapter 76 / Section 7601
§ 7601. Definitions
Status: in_force

As used in this chapter:

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

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

(3) “Savings” means the difference remaining at the conclusion of each fiscal year between the amount of funds appropriated for Choices for Care and the sum of expended and obligated funds, less an amount equal to one percent of that fiscal year's total Choices for Care expenditure. The one percent shall function as a reserve to avoid implementing a High Needs wait list due to unplanned Choices for Care budget pressures throughout the fiscal year.
33 V.S.A. § 2106 — VT Code / Title 33 / Chapter 21 / Section 2106
§ 2106. Limitation on liability for medical assistance
Status: in_force

The State shall not be liable for medical or surgical care furnished to any person eligible for General Assistance unless the Department agrees to it. This section shall not apply to hospitals.
33 V.S.A. § 5222 — VT Code / Title 33 / Chapter 52 / Section 5222
§ 5222. Petition; contents
Status: in_force

(a) The petition shall be supported by an affidavit as to probable cause. The petition shall contain the following:

(1) A concise statement of the facts that support the conclusion that the child has committed a delinquent act, together with a statement that it is in the best interests of the child that the proceedings be brought.

(2) The name, date of birth, telephone number, and residence address, if known, of the child and the custodial and noncustodial parents or the guardian or custodian of the child, if other than parent. If a parent is a participant in the Safe At Home Program pursuant to 15 V.S.A. § 1152, the petition shall so specify.

(b) If a temporary care order has been issued or the State is requesting that custody be transferred to the Commissioner, the petition shall contain jurisdictional information as required by the Uniform Child Custody Jurisdiction and Enforcement Act, 15 V.S.A. chapter 20.

(c) A petition alleging a delinquent act may not be amended to allege that a child is in need of care or supervision, and a child who has been adjudged a delinquent child as a result of a delinquency petition may not be subsequently adjudged a child in need of care or supervision, unless a separate petition alleging that the child is in need of care or supervision is filed.
33 V.S.A. § 4601 — VT Code / Title 33 / Chapter 46 / Section 4601
§ 4601. Definitions
Status: in_force

As used in this chapter:

(1) “Early care, health, and education” means all services provided to families expecting a child and to children up to eight years of age, including child care, family support, early education, mental and physical health services, nutrition services, and disability services.

(2) “Regional council” means a regional entity linked to the State Building Bright Futures Council to support the creation of an integrated system of early care, health, and education at the local level.
33 V.S.A. § 6907 — VT Code / Title 33 / Chapter 69 / Section 6907
§ 6907. Remedial action
Status: in_force

(a) Protective services. If the investigation produces evidence that the vulnerable adult has been abused, neglected, or exploited, and protective services are not in place, the Department shall pursue available protective services.

(b) Consent to services.

(1) Protective services shall be provided only with the consent of the vulnerable adult; the vulnerable adult's guardian, agent under power of attorney, or agent under advance directive; or through appropriate court action. If the vulnerable adult does not consent, protective services shall not be provided, unless provision of protective services is court ordered.

(2)(A) In the event that the vulnerable adult's guardian is the person responsible for the abuse, neglect, or exploitation, and the guardian refuses consent to the investigation or the alleged victim's protective services, the investigator may seek review of the guardian's refusal by filing a motion with the Probate Division of the Superior Court pursuant 14 V.S.A. § 3062(c).

(B) In the event that the vulnerable adult's agent under power of attorney is the person responsible for the abuse, neglect, or exploitation, and the agent refuses to consent to the investigation or the alleged victim's protective services, the investigator may seek review of the agent's refusal by filing a petition in Superior Court pursuant to 14 V.S.A. § 4016.

(C) In the event that the vulnerable adult's agent under advance directive is the person responsible for the abuse, neglect, or exploitation, and the agent does not consent to the investigation or the receipt of protective services, the investigator may file a petition in Probate Court pursuant to 18 V.S.A. § 9718 to seek review under subdivision (b)(3) of that section as to whether the refusal is consistent with the authority granted to the agent in the advance directive.

(3) Failure to consent to protective services, either by the vulnerable adult or the vulnerable adult's guardian, agent under power of attorney, or agent under advance directive shall not automatically end an investigation of an alleged perpetrator.
33 V.S.A. § 5309 — VT Code / Title 33 / Chapter 53 / Section 5309
§ 5309. Filing of a petition
Status: in_force

(a) The State's Attorney having jurisdiction shall prepare and file a petition alleging that a child is in need of care or supervision upon the request of the Commissioner or, in the event the child is truant from school, upon the request of the superintendent of the school district in which the child is enrolled or resides. If the State's Attorney fails to file a petition within a reasonable amount of time, the Department or the superintendent of the school district may request that the Attorney General file a petition on behalf of the Department.

(b) If the court has issued an emergency care order placing the child who is the subject of the petition in the temporary legal custody of the Department or has issued a conditional custody order, the State's Attorney shall file the petition on or before the date of the temporary care hearing.

(c) A petition may be withdrawn by the State's Attorney at any time prior to the hearing thereon, in which event the child shall be returned to the custodial parent, guardian, or custodian, the proceedings under this chapter terminated, and all files and documents relating thereto sealed under section 5119 of this title.

(d) Upon the request of the Secretary of Human Services, the State's Attorney may file a petition pursuant to subsection (a) of this section alleging that a 16- to 17.5-year-old youth who is not in the custody of the State is a child in need of care or supervision under subdivision 5102(2)(B)(ii) of this title when the child meets the criteria set forth in subdivision 5102(2)(B)(ii) of this title. The petition shall be accompanied by a report from the Department that sets forth facts supporting the specific criteria of subdivision 5102(2)(B)(ii) of this title and that it is in the best interests of the child to be considered as a child in need of care or supervision.
33 V.S.A. § 7201 — VT Code / Title 33 / Chapter 71 / Section 7201
§ 7201. Policy
Status: in_force

The purpose of this subchapter is to provide for the receivership of a long-term care facility in order to ensure safe surroundings, adequate care, and humane treatment; to safeguard the health of, safety of, and continuity of care to residents; and to protect residents from the adverse health effects caused by abrupt or unsuitable transfer of such persons cared for in these facilities.
33 V.S.A. § 506 — VT Code / Title 33 / Chapter 5 / Section 506
§ 506. Budgetary inflation; direct service providers
Status: in_force

Annually, as part of its budget presentation, the Department shall inform the House Committees on Appropriations and on Human Services and the Senate Committees on Appropriations and on Health and Welfare the cost of adding a one percent increase over the previous fiscal year's funding for community-contracted direct service providers.
33 V.S.A. § 2073 — VT Code / Title 33 / Chapter 19 / Section 2073
§ 2073. VPharm assistance program
Status: in_force

[Subsection (a) contingently effective until the later of January 1, 2022 or federal approval of VPharm coverage expansion; see also subsection (a) contingently effective on the later of January 1, 2022 or federal approval of VPharm coverage expansion set out below.]

(a) Effective January 1, 2006, the VPharm program is established as a State pharmaceutical assistance program to provide supplemental pharmaceutical coverage to Medicare beneficiaries. The supplemental coverage under subsection (c) of this section shall provide only the same pharmaceutical coverage as the Medicaid program to enrolled individuals whose income is not greater than 150 percent of the federal poverty guidelines and only coverage for maintenance drugs for enrolled individuals whose income is greater than 150 percent and no greater than 225 percent of the federal poverty guidelines.

[Subsection (a) contingently effective January 1, 2022 or federal approval of VPharm coverage expansion; see also subsection (a) contingently effective until the later of January 1, 2022 or federal approval of VPharm coverage expansion set out above.]

(a) The VPharm program is established as a State pharmaceutical assistance program to provide supplemental pharmaceutical coverage to Medicare beneficiaries. The supplemental coverage under subsection (c) of this section shall provide the same pharmaceutical coverage as the Medicaid program to enrolled individuals whose income is not greater than 225 percent of the federal poverty guidelines.

[Subsection (b) contingently effective until the later of January 1, 2022 or federal approval of VPharm coverage expansion; see also subsection (b) contingently effective on the later of January 1, 2022 or federal approval of VPharm coverage expansion set out below.]

(b) Any individual with income no greater than 225 percent of the federal poverty guidelines participating in Medicare Part D, having secured the low income subsidy if the individual is eligible and meeting the general eligibility requirements established in section 2072 of this title, shall be eligible for VPharm.

[Subsection (b) contingently effective on the later of January 1, 2022 or federal approval of VPharm coverage expansion; see also subsection (b) contingently effective until the later of January 1, 2022 or federal approval of VPharm coverage expansion set out above.]

(b) Any individual with income not greater than 225 percent of the federal poverty guidelines participating in Medicare Part D, having secured the low-income subsidy if the individual is eligible and meeting the general eligibility requirements established in section 2072 of this title, shall be eligible for VPharm.

(c) VPharm shall provide supplemental benefits by paying or subsidizing:

(1) The actual Medicare Part D premium for the standard prescription drug benefit offered by Medicare Part D prescription drug programs, except for any late enrollment penalties, provided that DVHA may pay or subsidize a higher premium for a Medicare Part D prescription drug plan offering expanded benefits if it is cost-effective to do so.

(2) Any other cost-sharing required by Medicare Part D, except for co-payments for individuals eligible for Medicaid and as provided for in subdivision (d)(1) of this section.

(3) The following pharmaceuticals if they are not covered by the individual's Medicare Part D prescription drug plan: pharmaceuticals or classes of pharmaceuticals, or their medical uses, which may be excluded from coverage or otherwise restricted under Medicaid under Section 1927(d)(2) or (3) of the Social Security Act.

(4) Pharmaceuticals that are not covered after the individual has exhausted the Medicare Part D prescription drug plan's appeal process or the prescription drug plan's transition plan approved by the Centers for Medicare and Medicaid Services, and that are deemed medically necessary by the individual's prescriber in a manner established by the Commissioner of Vermont Health Access. The coverage decision under this subdivision shall not be subject to the exceptions process established under Medicaid. An individual may appeal to the Human Services Board or pursue any other remedies provided by law.

(d)(1) An individual shall contribute a co-payment of $1.00 for prescriptions where the cost-sharing amount required by Medicare Part D is less than $30.00, and a co-payment of $2.00 for prescriptions where the cost-sharing amount required by Medicare Part D is $30.00 or more. A pharmacy may not refuse to dispense a prescription to an individual who does not provide the co-payment.

(2) An individual shall contribute the following base cost-sharing amounts that shall be indexed to the increases established under 42 C.F.R. § 423.104(d)(5)(iv) and then rounded to the nearest dollar amount:

(A) in the case of recipients whose household income is no greater than 150 percent of the federal poverty level, such premium shall be $15.00 per month;

(B) in the case of recipients whose household income is greater than 150 percent of the federal poverty level and no greater than 175 percent of the federal poverty level, the premium shall be $20.00 per month; and

(C) in the case of recipients whose household income is greater than 175 percent of the federal poverty level and no greater than 225 percent of the federal poverty level, the premium shall be $50.00 per month.

(e) In order to ensure the appropriate payment of claims, DVHA may expand the Medicare advocacy program established under chapter 67 of this title to individuals receiving benefits from the VPharm program.

(f) A manufacturer of pharmaceuticals purchased by individuals receiving assistance from VPharm established under this section shall pay to DVHA, as required by section 1901 of this title, 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.
33 V.S.A. § 1012 — VT Code / Title 33 / Chapter 10 / Section 1012
§ 1012. Notice and appeal
Status: in_force

A participant may appeal decisions in accordance with 3 V.S.A. § 3091. The Commissioner shall provide notice to each participant of the standards and procedures applicable to such appeals. All federal and Agency of Human Services rules regarding conciliation, notice, hearing, and appeal shall be followed in connection with such appeals.
33 V.S.A. § 5906 — VT Code / Title 33 / Chapter 59 / Section 5906
§ 5906. Placement authority [Contingently enacted]
Status: in_force

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his or her being sent to such other party jurisdiction for institutional care and the court finds that:

(1) equivalent facilities for the child are not available in the sending agency's jurisdiction; and

(2) institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.

(a) Except as otherwise provided in this Compact, no child subject to this Compact shall be placed into a receiving state until approval for such placement is obtained.

(b) If the public child placing agency in the receiving state does not approve the proposed placement, then the child shall not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the Interstate Commission. Such determination is not subject to judicial review in the sending state.

(c) If the proposed placement is not approved, any interested party shall have standing to seek an administrative review of the receiving state's determination.

(1) The administrative review and any further judicial review associated with the determination shall be conducted in the receiving state pursuant to its applicable Administrative Procedures Act.

(2) If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be deemed approved; provided, however, that all administrative or judicial remedies have been exhausted or the time for such remedies has passed. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 3503 — VT Code / Title 33 / Chapter 35 / Section 3503
§ 3503. Corporal punishment prohibited
Status: in_force

(a) As used in this chapter, “corporal punishment” means the intentional infliction of physical pain upon the body of a child as a disciplinary measure.

(b) No person employed by or agent of a licensed or registered child care facility shall inflict or cause to be inflicted corporal punishment upon a child attending the facility. However, this section does not prohibit a person from using reasonable and necessary force:

(1) to quell a disturbance;

(2) to obtain possession of dangerous objects upon the person of or within the control of a child;

(3) for the purpose of self defense; or

(4) for the protection of persons or property.
33 V.S.A. § 5911 — VT Code / Title 33 / Chapter 59 / Section 5911
§ 5911. Rulemaking functions of the Interstate Commission [Contingently enacted]
Status: in_force

(a) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the Compact.

(b) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the Interstate Commission deems appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Interstate Commission.

(c) When promulgating a rule, the Interstate Commission shall, at a minimum do all of the following:

(1) publish the proposed rule's entire text stating the reason or reasons for that proposed rule;

(2) allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record, and be made publicly available; and

(3) promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.

(d) Rules promulgated by the Interstate Commission shall have the force and effect of administrative rules and shall be binding in the compacting states to the extent and in the manner provided for in this Compact.

(e) Not later than 60 days after a rule is promulgated, an interested person may file a petition in the U.S. District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside.

(f) If a majority of the legislatures of the member states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the Compact, cause that such rule shall have no further force and effect in any member state.

(g) The existing rules governing the operation of the Interstate Compact on the Placement of Children superseded by this subchapter shall be null and void no less than 12, but no more than 24 months after the first meeting of the Interstate Commission created hereunder, as determined by the members during the first meeting.

(h) Within the first 12 months of operation, the Interstate Commission shall promulgate rules addressing the following:

(1) transition rules;

(2) forms and procedures;

(3) timelines;

(4) data collection and reporting;

(5) rulemaking;

(6) visitation;

(7) progress reports and supervision;

(8) sharing of information and confidentiality;

(9) financing of the Interstate Commission;

(10) mediation, arbitration, and dispute resolution;

(11) education, training, and technical assistance;

(12) enforcement; and

(13) coordination with other interstate compacts.

(i) Upon determination by a majority of the members of the Interstate Commission that an emergency exists:

(1) The Interstate Commission may promulgate an emergency rule only if it is required to:

(A) protect the children covered by this Compact from an imminent threat to their health, safety, and well-being; or

(B) prevent loss of federal or state funds; or

(C) meet a deadline for the promulgation of an administrative rule required by federal law.

(2) An emergency rule shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible but not later than 90 days after the effective date of the emergency rule.

(3) An emergency rule shall be promulgated as provided for in the rules of the Interstate Commission. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 1122 — VT Code / Title 33 / Chapter 11 / Section 1122
§ 1122. Postsecondary Education Program
Status: repealed

(a) The Commissioner shall establish by rule a solely State-funded program to provide financial assistance equivalent to the Reach Up financial assistance amount the family would receive if it were participating in the Reach Up program and support services to enable parents in eligible families to pursue undergraduate postsecondary degrees in fields directly related to employment.

(b) The Program authorized by this section shall be administered by the Commissioner or by a contractor designated by the Commissioner. The Program shall be supported with funds other than federal TANF block grant funds provided under Title IV-A of the Social Security Act, except that the Commissioner may fund financial assistance grants and support services of families participating in the Postsecondary Education Program with TANF block grant or State maintenance of effort funds when a participating parent's educational activities are a countable work activity under federal law and when it will further one or more of the purposes in subdivision 1121(c)(1) of this title.

(c) Financial eligibility for the Program and the amount of financial assistance shall be determined using Reach Up financial assistance rules. The Commissioner may use Reach Up rules for the Postsecondary Education Program with the exception of rules inconsistent with this section or related to the work requirements.

(d) To be financially eligible to participate in the Postsecondary Education Program, the family's gross income minus a participating parent's earnings shall not exceed 150 percent of the federal poverty level for the appropriate family size.

(e) All financially eligible families who apply to participate in the Postsecondary Education Program shall be considered for admission, provided that they meet all of the following criteria:

(1) [Repealed.]

(2) [Repealed.]

(3)(A) A participating parent has not already received a postsecondary undergraduate degree.

(B) A participating parent has already received a postsecondary undergraduate degree, and the occupations for which it prepared that participating parent are obsolete.

(C) A participating parent, due to a disability, is no longer able to perform the occupations for which the degree prepared that participating parent.

(D) The preparation for occupations that a participating parent received through the postsecondary undergraduate degree is outdated and not marketable in the current labor market.

(4) A participating parent shall be a matriculating student in a two-year or four-year degree program as provided for in the postsecondary education plan.

(5) A participating parent has been determined to be eligible for financial assistance from the Vermont Student Assistance Corporation and can demonstrate the ability to cover tuition costs.

(6) A participating parent agrees to limit employment to not more than 20 hours per week when school is in session. The Department may establish exceptions by rule to allow a participating parent to work more than 20 hours per week.

(7) The family and a participating parent maintain financial eligibility for the Program and uninterrupted residency in Vermont for the duration of participation in the Postsecondary Education Program.

(8) A participating parent maintains good academic standing at the college.

(f) Participation in the Program authorized by this section may be denied to parents meeting the eligibility criteria if Program funds are insufficient to allow all eligible applicants to participate. When funds are insufficient to allow all eligible applicants to participate, priority shall be given to those individuals who:

(1) have demonstrated the ability to be successful in college, have already accumulated credits that can be applied to a college degree, and qualify for financial assistance;

(2) have no postsecondary education and qualify for financial assistance;

(3) have demonstrated the ability to be successful in college, have already accumulated credits that can be applied to a college degree, and qualify for services but not financial assistance;

(4) have no postsecondary education and qualify for services but not financial assistance.

(g) Continued participation in the Postsecondary Education Program is contingent on the participating parent:

(1) maintaining compliance with all program criteria in subsections (d) and (e) of this section; and

(2) remaining a member in good standing of the college and making progress toward a degree.

(h) For the purposes of this section:

(1) “Full-time” means 40 hours per week or a position requiring no fewer than 35 hours of work per week that the employer defines as full-time.

(2) “Parent” means a biological parent, stepparent, or adoptive parent who has custody of and resides with a dependent minor child.

(i) The Department shall offer written and verbal information pertaining to postsecondary education to an appropriate Reach Up participant based on the participant's assessment.
33 V.S.A. § 7114 — VT Code / Title 33 / Chapter 71 / Section 7114
§ 7114. Report
Status: in_force

The licensee shall file annually and on request such information, data, statistics, or schedules as the licensing agency may require. The agency shall have the power to examine the books and accounts of any facility operated by any licensee if it is the opinion of the Secretary that the examination is necessary to carry out the purposes of this chapter.
33 V.S.A. § 3614 — VT Code / Title 33 / Chapter 36 / Section 3614
§ 3614. Rights unaltered
Status: in_force

(a) This chapter does not alter or infringe upon the rights of:

(1) a parent or legal guardian to select and discontinue child care services of any early care and education provider;

(2) an early care and education provider to choose, direct, and terminate the services of any employee that provides care in that home; or

(3) the Judiciary and General Assembly to make programmatic modifications to the delivery of State services through child care subsidy programs, including standards of eligibility for families, legal guardians, and providers participating in child care subsidy programs, and to the nature of services provided.

(b) Nothing in this chapter shall affect the rights and obligations of private sector employers and employees under the National Labor Relations Act, 29 U.S.C. §§ 151-169, or the Vermont State Labor Relations Act, 21 V.S.A. §§ 1501-1624. The terms and conditions of employment with individual early care and education providers, which are the subjects of traditional collective bargaining between employers and their employees and which are governed by federal laws, fall outside the limited scope of bargaining defined in this chapter.
33 V.S.A. § 5724 — VT Code / Title 33 / Chapter 57 / Section 5724
§ 5724. Powers and duties
Status: in_force

(a) The Commission shall have the following powers and duties:

(1) To provide for dispute resolution among compacting states.

(2) To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.

(3) To oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the Interstate Commission.

(4) To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including the use of judicial process.

(5) To establish and maintain offices which shall be located within one or more of the compacting states.

(6) To purchase and maintain insurance and bonds.

(7) To borrow, accept, hire, or contract for services of personnel.

(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions, including an executive committee as required by section 5723 of this title which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel.

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

(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 and levy dues as provided in section 5728 of this title.

(14) To sue and be sued.

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

(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

(17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting 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.

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

(19) To establish uniform standards of the reporting, collecting, and exchanging of data.

(b) The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.
33 V.S.A. § 6201 — VT Code / Title 33 / Chapter 62 / Section 6201
§ 6201. Short title
Status: in_force

This subchapter may be cited as the “Older Vermonters Act.”
33 V.S.A. § 5901 — VT Code / Title 33 / Chapter 59 / Section 5901
§ 5901. Purpose and policy-Article 1 [Contingently repealed; effective until contingency met]
Status: in_force

It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(1) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(2) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(3) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis on which to evaluate a projected placement before it is made.

(4) Appropriate jurisdictional arrangements for the care of children will be promoted.

The purpose of this Interstate Compact for the Placement of Children is to:

(1) provide a process through which children subject to this Compact are placed in safe and suitable homes in a timely manner;

(2) facilitate ongoing supervision of a placement, the delivery of services, and communication between the states;

(3) provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner;

(4) provide for the promulgation and enforcement of administrative rules implementing the provisions of this Compact and regulating the covered activities of the member states;

(5) provide for uniform data collection and information sharing between member states under this Compact;

(6) promote coordination between this Compact, the Interstate Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance, and other compacts affecting the placement of and that provide services to children otherwise subject to this Compact;

(7) provide for a state's continuing legal jurisdiction and responsibility for placement and care of a child that it would have had if the placement were intrastate; and

(8) provide for the promulgation of guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be permitted by federal law. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 1112 — VT Code / Title 33 / Chapter 11 / Section 1112
§ 1112. Family development plan requirements
Status: in_force

(a)(1) Each participating adult in a family applying for or receiving financial assistance shall comply with each Reach Up family development plan requirement provided for in the family development plan, unless good cause exists for such noncompliance as defined by the Commissioner by rule.

(2) The process of developing a family development plan shall include planning and engaging in goal achievement related to employment, training, and education; addressing obstacles to employment; following through with established steps to achieve goals; reviewing and revising goals as necessary; and setting new goals as each existing goal is achieved.

(b) The family's receipt of the full financial assistance amount allowable and avoidance of fiscal sanctions are contingent on the participating adult assisting in the development of his or her family development plan and engaging in the family development plan activities for the number of hours per week that the activities are scheduled and available, unless good cause exists for not doing so as defined by the Commissioner by rule.
33 V.S.A. § 5114 — VT Code / Title 33 / Chapter 51 / Section 5114
§ 5114. Best interests of the child
Status: in_force

(a) At the time of a permanency review under section 5321 of this title, a modification hearing under section 5113 of this title, or at any time a petition or request to terminate all residual parental rights of a parent without limitation as to adoption is filed by the Commissioner or the attorney for the child, the court shall consider the best interests of the child in accordance with the following:

(1) the interaction and interrelationship of the child with his or her parents, siblings, foster parents, if any, and any other person who may significantly affect the child's best interests;

(2) the child's adjustment to his or her home, school, and community;

(3) the likelihood that the parent will be able to resume or assume parental duties within a reasonable period of time;

(4) whether the parent has played and continues to play a constructive role, including personal contact and demonstrated emotional support and affection, in the child's welfare.

(b) Except in cases where a petition or request to terminate all residual parental rights of a parent without limitation as to adoption is filed by the Commissioner or the attorney for the child, the court shall also consider whether the parent is capable of playing a constructive role, including demonstrating emotional support and affection, in the child's welfare.
33 V.S.A. § 7506 — VT Code / Title 33 / Chapter 75 / Section 7506
§ 7506. Disclosure of information
Status: in_force

(a) In determining whether and to what extent to disclose files, records, and other information maintained by the Ombudsman program, the Ombudsman shall:

(1) have the sole authority to make or delegate determinations concerning the disclosure of files, records, and other information maintained by the Ombudsman program, and shall comply with Section 712(d) of the federal Older Americans Act, 42 U.S.C. § 3058g(d), in responding to requests for disclosure of files, records, and other information, regardless of the format of the file, record, or other information; the source of the request; or the sources of funding for the Ombudsman program;

(2) develop and adhere to criteria to guide the Ombudsman's discretion in determining whether to disclose the files, records, or other information; and

(3) develop and adhere to a process for appropriate disclosure of information maintained by the Ombudsman's office.

(b) Except as otherwise required by law, the Ombudsman program shall not disclose identifying information relating to any resident on whom the Ombudsman program maintains files, records, or information unless:

(1) the resident or resident representative communicates informed consent to the disclosure and consent is provided in writing or through the use of auxiliary aids and services;

(2) the resident or resident representative communicates informed consent orally, visually, or through the use of auxiliary aids and services and the Ombudsman or a representative of the Office documents the consent contemporaneously in accordance with established procedures; or

(3) disclosure is required by court order.

(c) The Ombudsman program shall not disclose identifying information relating to any complainant on whom the Ombudsman program maintains files, records, or information unless:

(1) the complainant communicates informed consent to the disclosure and consent is provided in writing or through the use of auxiliary aids and services;

(2) the complainant communicates informed consent orally, visually, or through the use of auxiliary aids and services and the Ombudsman or a representative of the Office documents the consent contemporaneously in accordance with established procedures; or

(3) disclosure is required by court order.
33 V.S.A. § 4102 — VT Code / Title 33 / Chapter 41 / Section 4102
§ 4102. Responsibilities
Status: in_force

(a) The Office of Child Support shall be accountable and responsible for the operation of the federal IV-D program and shall be responsible for formulating the State Child Support Enforcement Plan as required under Title IV-D of the federal Social Security Act.

(b) The Office of Child Support shall be responsible for the administration of the Registry established in section 4103 of this title.

(c) Upon application of the parent of a minor child, the Office of Child Support shall provide the following services:

(1) location of absent parents;

(2) financial assessment to determine a parent's ability to provide support;

(3) determination of a parent's employment status;

(4) enforcement of child support orders;

(5) establishment of parentage; and

(6) any other services required to be provided under Title IV-D.

(d) The Office of Child Support shall provide appropriate instruction and supervision of its employees concerning legal ethics, family law, court procedure, child abuse, public benefit programs, and the dynamics of parent-child relationships.

(e) No employees may be assigned to a case before the Family Division of the Superior Court without the skill and professional qualifications commensurate with the complexity of the case.
33 V.S.A. § 1901b — VT Code / Title 33 / Chapter 19 / Section 1901b
§ 1901b. Pharmacy program enrollment
Status: in_force

(a) The Department of Vermont Health Access and the Department for Children and Families shall monitor actual caseloads, revenue, and expenditures; anticipated caseloads, revenue, and expenditures; and actual and anticipated savings from implementation of the preferred drug list, supplemental rebates, and other cost containment activities in each State pharmaceutical assistance program, including VPharm. When applicable, the Departments shall allocate supplemental rebate savings to each program proportionate to expenditures in each program.

(b) As used in this section, “State pharmaceutical assistance program” means any health assistance programs administered by the Agency of Human Services providing prescription drug coverage, including the Medicaid program, VPharm, the State Children's Health Insurance Program, the State of Vermont AIDS Medication Assistance Program, the General Assistance Program, the Pharmacy Discount Plan Program, and any other health assistance programs administered by the Agency providing prescription drug coverage.
33 V.S.A. § 1212 — VT Code / Title 33 / Chapter 12 / Section 1212
§ 1212. Transition to other programs
Status: in_force

If a family loses employment meeting or exceeding the work requirements for TANF for the family's size and composition and is financially eligible for Reach Up, the family shall be transferred to Reach First or Reach Up without an additional application process, unless the family chooses not to participate. Verification of income or other documentation may be required as provided for by rule.
33 V.S.A. § 6937 — VT Code / Title 33 / Chapter 69 / Section 6937
§ 6937. Service
Status: in_force

(a) A petition or ex parte temporary order or final order issued under this subchapter shall be served by any sheriff or constable or any municipal or State Police officer in accordance with the Vermont Rules of Civil Procedure. A court that issues an order under this chapter during court hours shall promptly transmit the order electronically or by other means to a law enforcement agency for service.

(b) A defendant who attends a hearing held under section 6935 of this title at which a temporary or final order under this chapter is issued and who receives notice from the court on the record that the order has been issued shall be deemed to have been served. A defendant notified by the court on the record shall be required to adhere immediately to the provisions of the order. However, even when the court has previously notified the defendant of the order, the court shall transmit the order for additional service by a law enforcement agency.

(c) The person making service shall file a return of service with the court stating the date, time, and place at which the order was delivered personally to the defendant.
33 V.S.A. § 4603 — VT Code / Title 33 / Chapter 46 / Section 4603
§ 4603. Powers and duties
Status: in_force

The Council established by section 4602 of this title shall have the following powers and duties necessary and appropriate to effectuating the purposes of this chapter:

(1) Advise the Administration and General Assembly on:

(A) the status and needs of the early care, health, and education system by conducting a review of the status of young children in Vermont and the care, health, and education services and systems that support them; and

(B) planning related to and the administration and operation of Vermont's child care system.

(2) Monitor overall system performance by regularly tracking and reporting system data on the well-being of young children and the performance of the system of care related to the Council's commitments to children and selected population-level indicators.

(3) Develop an early care, health, and education system plan for Vermont to serve as the basis for policy and funding recommendations, which shall reflect the growing diversity of Vermont's children and families.

(4) Review and formulate recommendations for amendments or revisions to policies or rules that may impede the ability to address State and local priorities and the ability to ensure system effectiveness.

(5) Work with the Secretaries of Human Services, of Commerce and Community Development, and of Education to ensure the coordination of existing budgets and policies that affect the care, health, and education of young children.

(6) Identify and reduce duplication of services and of administrative approval processes and improve coordination across agencies.

(7) Work with the Agencies of Human Services, of Commerce and Community Development, and of Education, and the regional councils to coordinate and integrate the development of an early childhood budget recommendation that reflects alignment of funding with priorities identified in the system plan.

(8) Support the regional councils in their efforts to coordinate and implement services in accordance with identified priorities in system and regional plans.

(9) Contract with State agencies and departments to deliver services as agreed upon.

(10) Pursue and accept funding from diverse sources outside State government to sustain, expand, and enhance the early care, health, and education system according to the early care, health, and education system plan.

(11) Disburse funds raised through fund development activities in accordance with priorities defined in the system plan.

(12) Convene members of the child care community, medical community, education community, business community, and other organizations, as well as State agencies serving young children, to ensure that families receive quality services in the most efficient and cost-effective manner.

(13) Select the key performance measures to be tracked in early childhood programs and identify priority strategies to improve results.

(14) Ensure children from birth to six years of age are included in statistical data systems developed by the Agency of Education and other state agencies and that all such systems are interoperable.

(15) Analyze data to assess progress in achieving the population-level outcomes relevant to children set forth in 3 V.S.A. § 2311 and make recommendations for any necessary adjustments.

(16) Report to the Governor, the Chief Performance Officer, and the legislative committees of jurisdiction during the first month of each legislative biennium on the Council's findings and recommendations, progress toward achieving the population-level outcomes relevant to children set forth in 3 V.S.A. § 2311, and recommendations for priorities for the biennium. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.
33 V.S.A. § 6204 — VT Code / Title 33 / Chapter 62 / Section 6204
§ 6204. Department of Disabilities, Aging, and Independent Living; duties
Status: in_force

(a) The Department of Disabilities, Aging, and Independent Living is Vermont's designated State Unit on Aging.

(1) The Department shall administer all Older Americans Act programs in this State and shall develop and maintain the State Plan on Aging.

(2) The Department shall be the subject matter expert to guide decision making in State government for all programs, services, funding, initiatives, and other activities relating to or affecting older Vermonters, including:

(A) State-funded and federally funded long-term care services and supports;

(B) housing and transportation;

(C) health care reform activities; and

(D) public health crisis and emergency preparedness planning.

(3) The Department shall administer the Choices for Care program, which the Department shall do in coordination with efforts it undertakes in its role as the State Unit on Aging.

(b)(1) The Department shall coordinate strategies to incorporate the principles established in section 6202 of this subchapter into all programs serving older Vermonters.

(2) The Department shall use both qualitative and quantitative data to monitor and evaluate the system's success in targeting services to individuals with the greatest economic and social need.

(c) The Department's Advisory Board established pursuant to section 505 of this title shall monitor the implementation and administration of the Older Vermonters Act established by this subchapter.
33 V.S.A. § 1828 — VT Code / Title 33 / Chapter 18 / Section 1828
§ 1828. Budget proposal
Status: in_force

The Green Mountain Care Board, in collaboration with the Agencies of Administration and of Human Services, shall be responsible for developing each year a three-year Green Mountain Care budget for proposal to the General Assembly and to the Governor, to be adjusted annually in response to realized revenues and expenditures, that reflects any modifications to the benefit package and includes recommended appropriations, revenue estimates, and necessary modifications to tax rates and other assessments.
33 V.S.A. § 4916e — VT Code / Title 33 / Chapter 49 / Section 4916e
§ 4916e. Notice to minors
Status: in_force

If the person alleged to have abused or neglected a child is a minor, any notice required pursuant to this subchapter shall be sent:

(1) to the minor's parents or guardian; or

(2) if the child is in the custody of the Commissioner, to the social worker assigned to the child by the Department and the child's counsel of record.
33 V.S.A. § 1991 — VT Code / Title 33 / Chapter 19 / Section 1991
§ 1991. Definitions
Status: in_force

As used in this chapter:

(1) “Dental hygienist” means an individual licensed to practice as a dental hygienist under 26 V.S.A. chapter 12.

(2) “Dental services” means preventive, diagnostic, or corrective procedures related to the teeth and associated structures of the oral cavity.

(3) “Dental therapist” means an individual licensed to practice as a dental therapist under 26 V.S.A. chapter 12.

(4) “Dentist” means an individual licensed to practice dentistry under 26 V.S.A. chapter 12.
33 V.S.A. § 4915 — VT Code / Title 33 / Chapter 49 / Section 4915
§ 4915. Assessment and investigation
Status: in_force

(a) Upon receipt of a report of abuse or neglect, the Department shall promptly determine whether it constitutes an allegation of child abuse or neglect as defined in section 4912 of this title. The Department shall respond to reports of alleged neglect or abuse that occurred in Vermont and to out-of-state conduct when the child is a resident of or is present in Vermont.

(b) If the report is accepted as a valid allegation of abuse or neglect, the Department shall determine whether to conduct an assessment as provided for in section 4915a of this title or to conduct an investigation as provided for in section 4915b of this title. The Department shall begin either an assessment or an investigation within 72 hours after the receipt of a report made pursuant to section 4914 of this title, provided that it has sufficient information to proceed. The Commissioner may waive the 72-hour requirement only when necessary to locate the child who is the subject of the allegation or to ensure the safety of the child or social worker.

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

(1) the nature of the conduct and the extent of the child's injury, if any;

(2) the accused person's prior history of child abuse or neglect, or lack thereof; and

(3) the accused person's willingness or lack thereof to accept responsibility for the conduct and cooperate in remediation.

(d) The Department shall conduct an investigation when an accepted report involves allegations indicating substantial child endangerment. For purposes of this section, “substantial child endangerment” includes conduct by an adult involving or resulting in sexual abuse, and conduct by a person responsible for a child's welfare involving or resulting in abandonment, child fatality, malicious punishment, or abuse or neglect that causes serious physical injury. The Department may conduct an investigation of any report.

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

(f) The Department may collaborate with child protection, law enforcement, and other departments and agencies in Vermont and other jurisdictions to evaluate risk to a child and to determine the service needs of the child and family. The Department may enter into reciprocal agreements with other jurisdictions to further the purposes of this subchapter.

(g) The Department shall report to and receive assistance from appropriate law enforcement in the following circumstances:

(1) investigations of child sexual abuse by an alleged perpetrator 10 years of age or older;

(2) investigations of serious physical abuse or neglect requiring emergency medical care, resulting in death, or likely to result in criminal charges;

(3) situations potentially dangerous to the child or Department worker; and

(4) an incident in which a child suffers:

(A) serious bodily injury as defined in 13 V.S.A. § 1021, by other than accidental means; and

(B) potential violations of:

(i) 13 V.S.A. § 2602 (lewd or lascivious conduct with child);

(ii) 13 V.S.A. chapter 60 (human trafficking);

(iii) 13 V.S.A. chapter 64 (sexual exploitation of children); and

(iv) 13 V.S.A. chapter 72 (sexual assault).
33 V.S.A. § 4906 — VT Code / Title 33 / Chapter 49 / Section 4906
§ 4906. Foster care; reasonable and prudent parent standard
Status: in_force

(a) As used in this section:

(1) “Caregiver” means a foster parent, including a kinship foster parent or residential treatment or other program, with whom a child or youth in the custody of the Commissioner for Children and Families has been placed.

(2) “Reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child or youth in the custody of the Commissioner while at the same time encouraging the emotional and developmental growth of the child that a caregiver shall use when determining whether to allow a child in the custody of the Commissioner to participate in extracurricular, enrichment, cultural, and social activities.

(b) A caregiver shall use the reasonable and prudent parent standard when determining whether to allow a child in the custody of the Commissioner to participate in extracurricular, enrichment, cultural, and social activities.

(c) A caregiver shall not be liable for injuries to a child in the custody of the Commissioner that occur as a result of acting in accordance with the reasonable and prudent parent standard. A caregiver acting in good faith in compliance with the reasonable and prudent parent standard shall be immune from civil liability arising from such action.
33 V.S.A. § 2107 — VT Code / Title 33 / Chapter 21 / Section 2107
§ 2107. Disqualification
Status: in_force

(a) When the Commissioner or a person designated by the Commissioner pursuant to section 2104 of this title has reason to believe that an applicant for or recipient of General Assistance came into the State for the purpose of receiving General Assistance, he or she may find the applicant or recipient ineligible for General Assistance.

(b) Notwithstanding the provisions of subsection (a) of this section, an applicant in immediate need of General Assistance for himself or herself or a person dependent upon him or her shall be granted General Assistance on an emergency basis, which may include the furnishing of transportation to the nearest boundary of this State in the direction in which he or she desires to go to leave the State.
33 V.S.A. § 6701 — VT Code / Title 33 / Chapter 67 / Section 6701
§ 6701. Definitions
Status: in_force

As used in this chapter:

(1) “Dual eligible individual” means an individual who is a beneficiary of both Medicaid and Medicare.

(2) “Medicaid” means the medical assistance program authorized under chapter 19 of this title.

(3) “Medicare” means the health insurance programs authorized under Title XVIII of the Social Security Act.
33 V.S.A. § 7107 — VT Code / Title 33 / Chapter 71 / Section 7107
§ 7107. Unlicensed homes
Status: in_force

(a) The licensing agency shall adopt rules governing the identification of unlicensed residential care homes, nursing homes, assisted living residences, therapeutic community residences, and homes for persons who are terminally ill.

(b) No physician, surgeon, osteopath, chiropractor, or physician assistant licensed, certified, or registered under the provisions of Title 26; resident physician, intern, or any hospital administrator in any hospital in this State; registered nurse, licensed practical nurse, medical examiner, psychologist, mental health professional, social worker, probation officer, police officer, nursing home administrator, or employee; or owner, operator, or employee of a facility shall knowingly place, refer, or recommend placement of a person to such a facility if that facility is operating without a license.

(c) Any person listed in subsection (b) of this section who is licensed or certified by the State of Vermont or who is employed by the State or a municipality and who knows or has reason to believe that a facility is operating without the license required under this chapter shall report the facility and address of the facility to the licensing agency.

(d) The licensing agency shall investigate any report filed pursuant to this section and conduct an inspection as provided in section 7108 of this title.

(e)(1) Within 30 days following the date on which a license to operate any facility pursuant to this section is revoked or voluntarily relinquished, the operator shall obtain a new license or shall cause all of the residents in the facility to be moved promptly.

(2) The facility shall be responsible for securing suitable alternative placements for the residents and shall be responsible for the cost of the planning for the transition and transportation of the residents to the alternative placements.

(3) Failure to comply with this subsection may result in penalties being assessed against the operator, the owner, or the facility as provided for in section 7111 of this title.
33 V.S.A. § 2004a — VT Code / Title 33 / Chapter 19 / Section 2004a
§ 2004a. Evidence-Based Education and Advertising Fund
Status: in_force

(a) The Evidence-Based Education and Advertising Fund is established in the State Treasury as a special fund to be a source of financing for activities relating to fund collection and analysis of information on pharmaceutical marketing activities under 18 V.S.A. §§ 4632 and 4633; for analysis of prescription drug data needed by the Office of the Attorney General for enforcement activities; for the Vermont Prescription Monitoring System established in 18 V.S.A. chapter 84A; for the evidence-based education program established in 18 V.S.A. chapter 91, subchapter 2; for the Green Mountain Care Board's prescription drug cost regulation initiatives; for statewide unused prescription drug disposal initiatives; for the prevention of prescription drug misuse, abuse, and diversion; for the Substance Misuse Prevention Oversight and Advisory Council established in 18 V.S.A. § 4803; for treatment of substance use disorder; for exploration of nonpharmacological approaches to pain management; for a hospital antimicrobial program for the purpose of reducing hospital-acquired infections; for the purchase and distribution of fentanyl testing strips; for the purchase and distribution of naloxone to emergency medical services personnel; and for the support of any opioid-antagonist education, training, and distribution program operated by the Department of Health or its agents. Monies deposited into the Fund shall be used for the purposes described in this section.

(b) Into the Fund shall be deposited:

(1) revenue from the manufacturer fee established under section 2004 of this title; and

(2) the proceeds from grants, donations, contributions, taxes, and any other sources of revenue as may be provided by statute, rule, or act of the General Assembly.

(c) The Fund shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fund and any remaining balance shall be retained in the Fund.
33 V.S.A. § 3401 — VT Code / Title 33 / Chapter 34 / Section 3401
§ 3401. Principles for Vermont's trauma-informed system of care
Status: in_force

The General Assembly adopts the following principles with regard to strengthening Vermont's response to trauma and toxic stress during childhood:

(1) Childhood trauma affects all aspects of society. Each of Vermont's systems addressing trauma, particularly social services; health care, including mental health; education; child care; and the justice system, shall collaborate to address the causes and symptoms of childhood trauma and to build resilience.

(2) Addressing trauma in Vermont requires building resilience in those individuals already affected and preventing childhood trauma within the next generation.

(3) Early childhood adversity is common and can be prevented. When adversity is not prevented, early intervention is essential to ameliorate the impacts of adversity. A statewide, community-based, interconnected, public health and social service approach is necessary to address this effectively. This model shall include training for local leaders to facilitate a cultural change around the prevention and treatment of childhood trauma.

(4) Service systems shall be integrated at the local and regional levels to maximize resources and simplify how systems respond to individual and family needs. All programs and services shall be evidence-informed and research-based, adhering to best practices in addressing trauma and promoting resilience.
33 V.S.A. § 5921 — VT Code / Title 33 / Chapter 59 / Section 5921
§ 5921. Financial responsibility [Contingently repealed; effective until contingency met]
Status: in_force

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact on the Placement of Children shall be determined in accordance with the provisions of Article V. However, in the event of partial or complete default of performance thereunder, the provisions of this title and Title 15 also may be invoked.

Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact for the Placement of Children shall be determined in accordance with the provisions of section 5907 of this title. However, in the event of partial or complete default of performance thereunder, the provisions of this title and Title 15 also may be invoked. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 7101 — VT Code / Title 33 / Chapter 71 / Section 7101
§ 7101. Policy
Status: in_force

The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the construction, maintenance, operation, provision of receivership, and dissolution of long-term care facilities in which medical, nursing, or other care is rendered, which will promote safe surroundings, adequate care, and humane treatment; safeguard the health of, safety of, and continuity of care to residents; and protect residents from the adverse health effects caused by abrupt or unsuitable transfer of such persons cared for in these facilities.
33 V.S.A. § 3619 — VT Code / Title 33 / Chapter 36 / Section 3619
§ 3619. Annual list of early care and education providers in bargaining unit
Status: in_force

(a) Annually, or on a more frequent basis if mutually agreed to by the State and the exclusive representative, the State shall provide the exclusive representative with a list of all providers in that bargaining unit.

(b) The list shall include, as appropriate, each early care and education provider's name, work location, job classification, and contact information. As used in this section, “contact information” includes a provider's home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the State is in possession of such information.

(c) To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.

(d) The list shall be kept confidential by the State and the exclusive representative and shall be exempt from copying and inspection under the Public Records Act.
33 V.S.A. § 4903 — VT Code / Title 33 / Chapter 49 / Section 4903
§ 4903. Responsibility of Department
Status: in_force

The Department may expend, within amounts available for the purposes, what is necessary to protect and promote the welfare of children and adults in this State, including the strengthening of their homes whenever possible, by:

(1) Investigating complaints of neglect, abuse, or abandonment of children, including when, whether, and how names are placed on the Child Protection Registry.

(2) Providing aid and services to the extent necessary for the purpose of permitting children to remain in their own homes.

(3) Supervising and controlling children committed to it by a court.

(4) Providing substitute parental care and custody for a child upon application of his or her parent, guardian, or any person acting in behalf of the child, when after investigation it is found that the care and custody will be in the best interests of the child. The acceptance of a child by the Department shall not abrogate parental rights or responsibilities, but the Department may accept from the parents temporary delegation of certain rights and responsibilities necessary to provide care and custody for a period of up to six months under conditions agreed upon by the parents and the Department. Upon a stipulation approved by the Family Division of the Superior Court, the period may be extended for additional periods of up to six months each, provided that each extension is first determined by the parties to be necessary, and that it is in the best interests of the child.

(5) Providing financial aid to persons who were committed to the Department at the time they attained the age of majority and who are completing an educational, vocational, or technical training program designed to equip them for gainful employment.

(6) Providing aid to certain adopted children who prior to their adoption were in the care and custody of the Department.

(7) Providing aid to a child in the permanent guardianship of a relative if the child was in the care and custody of the Department and was placed in the home of the relative for at least six months prior to the creation of the guardianship.
33 V.S.A. § 2101 — VT Code / Title 33 / Chapter 21 / Section 2101
§ 2101. Definitions
Status: in_force

As used in this chapter:

(1) “Commissioner” means the Commissioner for Children and Families.

(2) “Family” means persons whom the recipient of General Assistance is required by law to support.

(3) “Found” means discovered, come upon, chanced upon, or met with by accident.

(4) “General Assistance” means financial aid to provide the necessities of life, including food, clothing, shelter, fuel, electricity, medical care, and other items as the Commissioner may prescribe by rule, when a need is found to exist and the applicant is otherwise found eligible.

(5) “House” means a structure in which people live, including a hospital.

(6) “Offense” means any act that gives rise to a cause of action in which the offender is committed to jail, excluding criminal acts.

(7) “Relief or relieving” means General Assistance limited to medical assistance and other assistance required in connection with medical assistance, but excluding financial assistance.

(8) “Reside” means having a domicile.

(9) “Residence” means a person's domicile.

(10) “Transient” means an individual who does not intend to establish a permanent residence within the State of Vermont.
33 V.S.A. § 7211 — VT Code / Title 33 / Chapter 71 / Section 7211
§ 7211. Limitations; closure of the facility
Status: in_force

(a) The receiver shall not close the facility without leave of the court.

(b) The court shall consider the protection of residents and shall prevent the closure of facilities that, under proper management, are likely to be financially viable. This section shall not be construed as a method of financing major repair or capital improvements to facilities that have been allowed to deteriorate because the owner or licensee has been unable or unwilling to secure financing by conventional means.

(c) In ruling on a motion to close the facility, the court shall consider:

(1) the rights and best interests of the residents;

(2) the availability of suitable alternative placements;

(3) the rights, interest, and obligations of the owner and licensee;

(4) the licensure status of the facility; and

(5) the need for the facility in the geographic area.

(d) When a facility is closed, the receiver shall provide for the orderly transfer of residents to mitigate trauma caused by the transfer to another facility.
33 V.S.A. § 4911 — VT Code / Title 33 / Chapter 49 / Section 4911
§ 4911. Purpose
Status: in_force

The purpose of this subchapter is to:

(1) protect children whose health and welfare may be adversely affected through abuse or neglect;

(2) strengthen the family and make the home safe for children whenever possible by enhancing the parental capacity for good child care;

(3) provide a temporary or permanent nurturing and safe environment for children when necessary; and for these purposes require the reporting of suspected child abuse and neglect, an assessment or investigation of such reports and provision of services, when needed, to such child and family;

(4) establish a range of responses to child abuse and neglect that take into account different degrees of child abuse or neglect and that recognize that child offenders should be treated differently from adults;

(5) establish a tiered child protection registry that balances the need to protect children and the potential employment consequences of a registry record for a person's conduct that is substantiated for child abuse and neglect; and

(6) ensure that in the Department for Children and Families' efforts to protect children from abuse and neglect, the Department also ensures that investigations are thorough, unbiased, based on accurate and reliable information weighed against other supporting or conflicting information, and adhere to due process requirements.
33 V.S.A. § 501 — VT Code / Title 33 / Chapter 5 / Section 501
§ 501. Disabilities, aging, and independent living policy
Status: in_force

(a) It is the policy of the State of Vermont that all older Vermonters and Vermonters with disabilities should:

(1) be able to live as independently as they choose and as their personal circumstances permit;

(2) be able to receive services and benefits that they need and to which they are entitled by law;

(3) be able to be full and active participants in the life of their communities, including competitive employment consistent with their abilities and interests; and

(4) be protected against unlawful and unnecessary restriction.

(b) The programs of the Department of Disabilities, Aging, and Independent Living shall be administered in a manner consistent with this policy.

(c) The laws pertaining to the Department of Disabilities, Aging, and Independent Living and its programs shall be construed liberally to carry out the policies stated in this section.
33 V.S.A. § 5231 — VT Code / Title 33 / Chapter 52 / Section 5231
§ 5231. Disposition hearing
Status: in_force

(a) Timeline. A disposition hearing shall be held no later than 35 days after a finding that a child is delinquent.

(b) Hearing procedure. If disposition is contested, all parties shall have the right to present evidence and examine witnesses. Hearsay may be admitted and may be relied on to the extent of its probative value. If reports are admitted, the parties shall be afforded an opportunity to examine those persons making the reports, but sources of confidential information need not be disclosed.

(c) Standard of proof. If the court terminates the parental rights of one or both parents, the standard of proof on the issue of such termination shall be clear and convincing evidence. On all other issues, the standard of proof shall be a preponderance of the evidence.

(d) Termination of parental rights. If the Commissioner or the attorney for the child seeks an order terminating parental rights of one or both parents and transfer of custody to the Commissioner without limitation as to adoption, the court shall consider the best interests of the child in accordance with section 5114 of this title. The Department's Family Services Division shall not consider payment of child support to the Family Services Division to offset the cost of foster care as a factor in a petition to terminate parental rights.

(e) Further hearing. On its own motion or the motion of a party, the court may schedule a further hearing to obtain reports or other information necessary for the appropriate disposition of the case. The court shall make an appropriate order for the temporary care of the child pending a final disposition order. The court shall give scheduling priority to cases in which the child has been removed from the home.
33 V.S.A. § 3541 — VT Code / Title 33 / Chapter 35 / Section 3541
§ 3541. Scholarships for current early childhood providers
Status: in_force

(a) There is established a need-based scholarship program for individuals employed by a regulated, privately operated center-based child care program or family child care home while acquiring credits in early childhood development or that are related directly to working with children from birth through eight years of age.

(b) The Department for Children and Families may contract for the administration of the program set forth in subsection (a) of this section and adopt policies, procedures, and guidelines necessary for its implementation.

(c) Scholarships distributed pursuant to this section shall be available on a first-come, first-served basis until any appropriated funds are depleted.

(d) An individual shall not simultaneously participate in the scholarship program set forth in this section and the student loan repayment assistance program set forth in section 3543 of this title.
33 V.S.A. § 4916d — VT Code / Title 33 / Chapter 49 / Section 4916d
§ 4916d. Automatic expungement of registry records
Status: in_force

Registry entries concerning a person whose conduct was substantiated for behavior occurring before the person reached 10 years of age shall be expunged when the person reaches 18 years of age, provided that the person has had no additional substantiated Registry entries.
33 V.S.A. § 1921 — VT Code / Title 33 / Chapter 19 / Section 1921
§ 1921. Reporting and sharing of information
Status: in_force

(a) At the date specified in 32 V.S.A. § 7785 or 7813, for monthly reports from licensed wholesale dealers, or at such date and frequency as the Commissioner may require for other licensed wholesale dealers, which will be at least quarterly, each licensed wholesale dealer shall submit such information as the Commissioner requires to facilitate compliance with subchapter 1A of this chapter and this subchapter, including a list by brand family of the total number of cigarettes, or, in the case of roll-your-own tobacco, the equivalent stick count, as determined pursuant to the formula set forth in subchapter 1A of this chapter, for which the licensed wholesale dealer affixed stamps during the reporting period or otherwise paid the tax due for such cigarettes. Licensed wholesale dealers shall maintain, and make available to the Commissioner, all documentation and other information relied upon in reporting to the Commissioner for a period of six years.

(b) The Attorney General may require at any time from a nonparticipating manufacturer proof from the financial institution in which a tobacco product manufacturer has established a qualified escrow fund for the purpose of compliance with subchapter 1A of this chapter of the amount of money being held in such fund on behalf of the State and the dates of deposits, and listing the amounts of all withdrawals from such fund and the dates thereof; any such nonparticipating manufacturer shall provide the requisite proof within 10 business days of the date it is requested. In the event that a nonparticipating manufacturer fails to provide the requisite proof within said time period, the Attorney General shall remove the nonparticipating manufacturer and all of its styles or brands of cigarettes from the directory.

(c) The Attorney General may require a licensed wholesale dealer or tobacco product manufacturer to submit any additional information, including samples of the packaging or labeling of each brand family, as is necessary to enable the Attorney General to determine whether a tobacco product manufacturer is in compliance with this subchapter and subchapter 1A of this chapter.

(d) The Attorney General is authorized to disclose to the Commissioner and, notwithstanding the provisions of 32 V.S.A. chapter 103, the Commissioner is authorized to disclose to the Attorney General any information received under this subchapter or subchapter 1A of this chapter, if such information is requested by the other for the purposes of determining compliance with or enforcing the provisions of those statutes. The Attorney General and Commissioner shall share with each other the information received under this subchapter or subchapter 1A of this chapter, and may share such information with other federal, State, or local agencies as necessary for the purposes of enforcement of this subchapter, the State's nonparticipating tobacco manufacturers' statutes, or corresponding laws of other states.
33 V.S.A. § 7207 — VT Code / Title 33 / Chapter 71 / Section 7207
§ 7207. Powers and duties of receiver
Status: in_force

(a) A receiver shall not take any actions or assume any responsibilities inconsistent with the purposes of this subchapter or the duties specifically provided for in this section.

(b) Unless otherwise ordered by the court and subject to the limitations provided for in sections 7208 through 7211 of this chapter, the receiver appointed under this subchapter shall:

(1) notify residents of the receivership and shall provide written notice by first-class mail to the last known address of the next of kin after the facility is placed in receivership;

(2) operate the facility;

(3) remedy the conditions that constituted grounds for the receivership;

(4) remedy violations of State rules and federal regulations governing the operation of the facility;

(5) protect the health, safety, and welfare of the residents, including the correction or elimination of any deficiency of the facility that endangers the safety or health of the residents;

(6) preserve the assets and property of the residents, the owner, and the licensee;

(7) hire, direct, manage, and discharge any employees, including the administrator or manager of the facility;

(8)(A) apply the revenues of the facility to current operating expenses;

(B) receive and expend in a reasonable and prudent manner the revenues of the facility due during the 30-day period preceding the date of appointment and becoming due thereafter; and

(C) to the extent possible, apply the revenues of the facility to debts incurred by the licensee prior to the appointment of the receiver;

(9) continue the business of the facility and the care of residents;

(10) file monthly reports containing information as required by the licensing agency to the owner and the licensing agency; and

(11) exercise such additional powers and perform such additional duties as ordered by the court.
33 V.S.A. § 5109 — VT Code / Title 33 / Chapter 51 / Section 5109
§ 5109. Subpoena
Status: in_force

Upon application of a party or on the court's own motion, the clerk of the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers at any hearing under the juvenile judicial proceedings chapters.
33 V.S.A. § 8003 — VT Code / Title 33 / Chapter 80 / Section 8003
§ 8003. Program limitations
Status: in_force

(a) Cash contributions. The Treasurer or designee shall not accept a contribution:

(1) unless it is in cash; or

(2) except in the case of a contribution under 26 U.S.C. § 529A(c)(1)(C) (relating to a change in a designated beneficiary or program), if such contribution to an ABLE account would result in aggregate contributions from all contributors to the ABLE account for the taxable year exceeding the amount in effect under 26 U.S.C. § 2503(b) for the calendar year in which the taxable year begins.

(b) Separate accounting. The Treasurer or designee shall provide separate accounting for each designated beneficiary.

(c) Limited investment direction. A designated beneficiary may, directly or indirectly, direct the investment of any contributions to the Vermont ABLE Savings Program, or any earnings thereon, not more than two times in any calendar year.

(d) No pledging of interest as security. A person shall not use an interest in the Vermont ABLE Savings Program, or any portion thereof, as security for a loan.

(e) Prohibition on excess contributions. The Treasurer or designee shall adopt adequate safeguards under the Vermont ABLE Savings Program to prevent aggregate contributions on behalf of a designated beneficiary in excess of the limit established by the State pursuant to 26 U.S.C. § 529(b)(6).

(f) Adjustment or recovery. Neither the State nor any agency or instrumentality of the State shall seek adjustment or recovery under Section 529A of the federal Internal Revenue Code against an ABLE account for the costs of benefits provided to a designated beneficiary.

(g) Abandoned accounts. Any abandoned ABLE accounts shall be subject to the unclaimed property provisions in 27 V.S.A. chapter 18.
33 V.S.A. § 2601a — VT Code / Title 33 / Chapter 26 / Section 2601a
§ 2601a. Definitions
Status: in_force

As used in this chapter:

(1) “Household” means any individual or group of individuals who live together as one economic unit:

(A) for whom energy for home heating fuel is customarily purchased in common; or

(B) who make undesignated payments for energy for home heat in the form of rent.

(2) The following individuals are members of the same household based on their being legally responsible for the financial support of the applicant or recipient or another member of the household:

(A) an individual residing in the dwelling unit who is the husband, wife, or civil union partner, or minor daughter or son of the applicant or recipient;

(B) an individual residing in the dwelling unit who is the parent of any minor daughter or son included in the household; any minor daughter or son of such parent not already included in the household; the husband, wife, or civil union partner of any minor included in the household; or the minor daughter or son of any minor included in the household.

(3) The following individuals shall be presumed to be members of the same household, unless the applicant or recipient provides to the Office of Home Heating Fuel Assistance reasonable evidence that such individuals are not members of the same household economic unit:

(A) An individual residing in the dwelling unit who is related by blood, civil marriage, or adoption to another resident of the dwelling unit and has not been included in the household in accordance with the provisions of subdivision (2) of this section. Such relationships include the relationship of the adult applicant or adult recipient to his or her father, mother, grandmother, grandfather, adult son, adult daughter, grandson, granddaughter, brother, sister, stepfather, stepmother, stepbrother, or stepsister.

(B) An unrelated individual residing in the dwelling unit who does not pay reasonable compensation to rent one or more rooms as separate living quarters, or who does not make reasonable compensation in the form of caretaker or companionship services in the case of an applicant or recipient who is 60 years of age or older or disabled.

(4) The following individuals shall be presumed not to be members of the same household, provided that the applicant or recipient provides to the Office of Home Heating Fuel Assistance reasonable evidence that such individuals meet the following standards for exclusion from the economic unit:

(A) individuals in the custody of and placed in foster care by the Department for Children and Families and individuals placed in a home by or through a program administered by the Department of Health or of Disabilities, Aging, and Independent Living;

(B) individuals providing medically necessary personal care or homemaker services to a member of the household who is 60 years of age or older or disabled.
33 V.S.A. § 3702 — VT Code / Title 33 / Chapter 37 / Section 3702
§ 3702. Funding
Status: in_force

(a) The Secretary of Human Services shall disperse a joint allocation for all parent child center services to the Parent Child Center Network, which shall distribute funding to each authorized parent child center.

(b) The Agency shall consult with the Parent Child Center Network to develop appropriate measures and methods of accountability for authorized members of the Network. The Network and authorized parent child centers shall provide any previously agreed upon information to enable the Secretary to evaluate the services provided through grant funds, the effect of services on consumers, and an accounting of the expenditure of grant funds.
33 V.S.A. § 1002 — VT Code / Title 33 / Chapter 10 / Section 1002
§ 1002. Purpose
Status: in_force

(a) The purpose of the Reach First program is:

(1) to stabilize families in crisis, assess the family's strengths and needs, and orient families to the programs, services, assistance, and participant responsibilities available to improve self-sufficiency, attain economic independence, and ensure the well-being of children;

(2) to refer families without recent work histories, recognizing individual and unique characteristics, to an appropriate program available to assist the family in obtaining the opportunities and skills necessary for self-sufficiency and economic independence;

(3) to assist families with recent work histories by providing short-term financial support and support services to stabilize the family while the family transitions back to employment;

(4) to support parental responsibility and positive parental role models, both custodial and noncustodial;

(5) to improve the well-being of children by providing short-term supports to their families and referrals to appropriate programs and services;

(6) to conserve State public financial resources by operating the system of human services in a manner that is efficient and avoids federal fiscal sanctions; and

(7) to conform to the federal TANF law.

(b) The critical elements of developing a short-term stabilization, assessment, and orientation program that assists families to maintain or attain self-sufficiency are:

(1) cooperative and realistic goal-setting, coupled with individualized case management that addresses each individual's situation and barriers to self-sufficiency;

(2) a short-term monetary payment and support services of a limited duration to provide for immediate, short-term needs of the family until the family attains employment quickly, or transitions to an appropriate program to assist the family in order to ensure the family's well-being and success to reaching self-sufficiency; and

(3) clear and comprehensive information on available options and appropriate services communicated to families in a simple fashion and easy transition to programs, such as Reach Ahead, Reach Up, the Postsecondary Education Program, and any other solely State-funded or separate State-funded programs.
33 V.S.A. § 7117 — VT Code / Title 33 / Chapter 71 / Section 7117
§ 7117. Rules
Status: in_force

(a) In accordance with 3 V.S.A. chapter 25, the Secretary of Human Services may adopt reasonable rules to carry out the provisions of this chapter and may prescribe minimum standards of care, program administration, and sanitation for facilities licensed under this chapter.

(b) No later than January 1, 1997, the Secretary of Human Services shall adopt comprehensive rules for licensing of nursing homes to include criteria deemed appropriate by the Secretary, including criteria for accessibility, quality, and safety standards. The rules for nursing home licensing shall:

(1) require that nursing facilities provide the care and services necessary to help each resident attain or maintain the highest practicable physical, mental, and psychosocial well-being in accordance with a comprehensive assessment and plan of care and prevailing standards of care as determined by the Commissioner of Disabilities, Aging, and Independent Living; and

(2) promote a standard of care that ensures that the ability of each resident to perform activities of daily living does not diminish unless the resident's ability is diminished solely as a result of a change in the resident's clinical condition.
33 V.S.A. § 6938 — VT Code / Title 33 / Chapter 69 / Section 6938
§ 6938. Procedure
Status: in_force

(a) Except as otherwise provided in this subchapter, proceedings commenced under this subchapter shall be in accordance with the Rules for Family Proceedings and shall be in addition to any other available civil or criminal remedies.

(b) If the petition is filed by an interested person, the court may in its discretion appoint a guardian ad litem for the vulnerable adult.

(c) The Court Administrator shall establish procedures to ensure access to relief after regular court hours, or on weekends and holidays. The Court Administrator is authorized to contract with public or private agencies to assist persons to seek relief and to gain access to Superior Court judges. Law enforcement agencies shall assist in carrying out the intent of this section.
33 V.S.A. § 1501 — VT Code / Title 33 / Chapter 15 / Section 1501
§ 1501. Register
Status: in_force

The Department of Disabilities, Aging, and Independent Living may prepare and maintain a register of persons who are blind in the State. It shall describe their condition, cause of blindness, capacity for education and vocational training, and other pertinent data.
33 V.S.A. § 4923 — VT Code / Title 33 / Chapter 49 / Section 4923
§ 4923. Reporting
Status: in_force

The Commissioner shall publish an annual report regarding reports of child abuse and neglect no later than June 30, for the previous year. The report shall include:

(1) The number of reports accepted as valid allegations of child abuse or neglect.

(2) The number of reports that resulted in an investigative response; particularly:

(A) the number of investigations that resulted in a substantiation;

(B) the types of maltreatment substantiated;

(C) the relationship of the perpetrator to the victim, by category; and

(D) the gender and age group of the substantiated victims.

(3) The number of reports that resulted in an assessment response; particularly:

(A) the general types of maltreatment alleged in cases that received an assessment response; and

(B) the number of assessments that resulted in the recommendation of services.

(4) Trend information over a five-year period. Beginning with the adoption of the assessment response and continuing over the next five years, the report shall explain the impact of the assessment response on statistical reporting.
33 V.S.A. § 1827 — VT Code / Title 33 / Chapter 18 / Section 1827
§ 1827. Administration; enrollment
Status: repealed

(a)(1) The Agency shall, under an open bidding process, solicit bids from and award contracts to public or private entities for administration of certain elements of Green Mountain Care, such as claims administration and provider relations.

(2) The Agency shall ensure that entities awarded contracts pursuant to this subsection do not have a financial incentive to restrict individuals' access to health services. The Agency may establish performance measures that provide incentives for contractors to provide timely, accurate, transparent, and courteous services to individuals enrolled in Green Mountain Care and to health care professionals.

(3) When considering contract bids pursuant to this subsection, the Agency shall consider the interests of the State relating to the economy, the location of the entity, and the need to maintain and create jobs in Vermont. The Agency may utilize an econometric model to evaluate the net costs of each contract bid.

(b) Nothing in this subchapter shall require an individual with health coverage other than Green Mountain Care to terminate that coverage.

(c) An individual enrolled in Green Mountain Care may elect to maintain supplemental health insurance if the individual so chooses.

(d) Except for cost-sharing, Vermonters shall not be billed any additional amount for health services covered by Green Mountain Care.

(e) [Repealed.]

(f) Green Mountain Care shall be the payer of last resort with respect to any health service that may be covered in whole or in part by any other health benefit plan, including Medicare, private health insurance, retiree health benefits, or federal health benefit plans offered by the military or to federal employees.

(g) The Agency may seek a waiver under Section 1115 of the Social Security Act to include Medicaid and under Section 2107(e)(2)(A) of the Social Security Act to include CHIP in Green Mountain Care. If the Agency is unsuccessful in obtaining one or both of these waivers, Green Mountain Care shall be the secondary payer with respect to any health service that may be covered in whole or in part by Title XIX of the Social Security Act (Medicaid) or Title XXI of the Social Security Act (CHIP), as applicable.

(h) Any prescription drug coverage offered by Green Mountain Care shall be consistent with the standards and procedures applicable to the pharmacy best practices and cost control program established in section 1998 of this title.

(i) Green Mountain Care shall maintain a robust and adequate network of health care professionals located in Vermont or regularly serving Vermont residents, including mental health and substance abuse professionals. The Agency shall contract with outside entities as needed to allow for the appropriate portability of coverage under Green Mountain Care for Vermont residents who are temporarily out of the State.

(j) The Agency shall make available the necessary information, forms, access to eligibility or enrollment systems, and billing procedures to health care professionals to ensure immediate enrollment for individuals in Green Mountain Care at the point of service or treatment.

(k) An individual aggrieved by an adverse decision of the Agency or plan administrator may appeal to the Human Services Board as provided in 3 V.S.A. § 3090.

(l) The Agency, in collaboration with the Department of Financial Regulation, shall monitor the extent to which residents of other states move to Vermont for the purpose of receiving health services and the impact, positive or negative, of any such migration on Vermont's health care system and on the State's economy, and make appropriate recommendations to the General Assembly based on its findings.
33 V.S.A. § 5322 — VT Code / Title 33 / Chapter 53 / Section 5322
§ 5322. Placement of a child in a facility used for treatment of delinquent children
Status: in_force

A child found by the court to be a child in need of care and supervision shall not be placed in or transferred to an institution used solely for the treatment or rehabilitation of delinquent children unless the child has been charged with or adjudicated as having committed a delinquent act.
33 V.S.A. § 5107 — VT Code / Title 33 / Chapter 51 / Section 5107
§ 5107. Contempt power
Status: in_force

Subject to the laws relating to the procedures therefor and the limitations thereon, the court has the power to punish any person for contempt of court for disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders.
33 V.S.A. § 142 — VT Code / Title 33 / Chapter 1 / Section 142
§ 142. Bringing needy person into the State
Status: in_force

(a) Any person who knowingly brings or causes to be brought a needy person from out of the state into this State for the purpose of securing assistance for the needy person or making him or her a public charge, shall be obligated to support the needy person at his or her own expense as long as the needy person or persons dependent on the needy person remain in the State.

(b) The Commissioner may bring a civil action on this statute to enforce support of the needy person and his or her dependents. In the action, the court may make an order, which shall be subject to change by the court from time to time as the circumstances require, directing the defendant to pay a certain sum periodically to the Department for the benefit of the needy person and his or her dependents residing in the State. The court may punish for violation of the order as for contempt.
33 V.S.A. § 144 — VT Code / Title 33 / Chapter 1 / Section 144
§ 144. Statutory construction
Status: in_force

(a) Section 143 of this title shall not preclude prosecution under 13 V.S.A. § 1801, 1802, or 2002 when the alleged violation involves forging an economic assistance check or where duplicate economic assistance checks have been wrongfully negotiated during any one welfare period.

(b) Section 143 of this title shall not preclude prosecution under any other title or sections of this title when the alleged violation is under subsection 141(c) or (d) of this title.
33 V.S.A. § 4304a — VT Code / Title 33 / Chapter 43 / Section 4304a
§ 4304a. Advisory Board
Status: in_force

(a) An advisory board is created to advise the Secretary of Education and the Commissioners of Mental Health and for Children and Families about children and adolescents with a severe emotional disturbance and their families.

(b) The Advisory Board shall also advise the Secretary and the Commissioners on the development of the system of care plan described in subsection 4305(c) of this title.

(c) The State interagency team shall recommend to the Governor a list of potential Board members. The Governor shall appoint from that list three parents of children or adolescents with a severe emotional disturbance, three advocates from organizations working on behalf of children and adolescents with a severe emotional disturbance, and three professionals in related fields or service organizations.

(d) Members of the Board shall serve for a term of three years, beginning April 1 of the year of appointment or until their successors are appointed. Initially one-third of the members shall be appointed to one-year terms, one-third to two-year terms, and one-third to three-year terms. Thereafter, members shall be appointed for three-year terms.

(e) The Board shall elect a chair from among its members. The Board shall meet annually at the call of the Chair, and other meetings may be called by the Chair at such times and places as the Chair deems necessary.

(f) The members of the Board who are employees of the State shall receive no additional compensation for their services, but actual and necessary expenses shall be allowed State employees and shall be charged to their departments. The members of the Board who are not State employees shall receive compensation as provided in 32 V.S.A. § 1010, and that compensation shall be paid by the Agency of Human Services.
33 V.S.A. § 4918 — VT Code / Title 33 / Chapter 49 / Section 4918
§ 4918. Multidisciplinary teams; functions; guidelines
Status: in_force

(a) Multidisciplinary teams shall assist local district offices of the Department in identifying and treating child abuse or neglect cases. With respect to any case referred to it, the team may assist the district office by providing:

(1) case diagnosis or identification;

(2) a comprehensive treatment plan; and

(3) coordination of services pursuant to the treatment plan.

(b) Multidisciplinary teams may also provide public informational and educational services to the community about identification, treatment, and prevention of child abuse and neglect. They shall also foster communication and cooperation among professionals and organizations in their community and provide such recommendations or changes in service delivery as they deem necessary.
33 V.S.A. § 4916b — VT Code / Title 33 / Chapter 49 / Section 4916b
§ 4916b. Human Services Board hearing
Status: in_force

(a) Within 30 days after the date on which the administrative reviewer sent notice, the person who is the subject of the substantiation may apply in writing to the Human Services Board for relief. The Board shall hold a fair hearing pursuant to 3 V.S.A. § 3091. When the Department receives notice of the appeal, it shall make note in the Registry record that the substantiation has been appealed to the Board.

(b)(1) The Board shall hold a hearing within 60 days after the receipt of the request for a hearing and shall issue a decision within 30 days after the hearing.

(2) Priority shall be given to appeals in which there are immediate employment consequences for the person appealing the decision.

(3)(A) Article VIII of the Vermont Rules of Evidence (Hearsay) shall not apply to any hearing held pursuant to this subchapter with respect to statements made by a child 12 years of age or under who is alleged to have been abused or neglected and the child shall not be required to testify or give evidence at any hearing held under this subchapter. Evidence shall be admissible if the time, content, and circumstances of the statements provide substantial indicia of trustworthiness.

(B) Article VIII of the Vermont Rules of Evidence (Hearsay) shall not apply to any hearing held pursuant to this subchapter with respect to statements made by a child who is at least 13 years of age and under 16 years of age who is alleged to have been abused or neglected and the child shall not be required to testify or give evidence at any hearing held under this subchapter in either of the following circumstances:

(i) The hearing officer determines, based on a preponderance of the evidence, that requiring the child to testify will present a substantial risk of trauma to the child. Evidence of trauma need not be offered by an expert and may be offered by any adult with an ongoing significant relationship with the child. Evidence shall be admissible if the time, content, and circumstances of the statements provide substantial indicia of trustworthiness.

(ii) The hearing officer determines that the child is physically unavailable to testify or the Department has made diligent efforts to locate the child and was unsuccessful. Evidence shall be admissible if the time, content, and circumstances of the statements provide substantial indicia of trustworthiness.

(4) Convictions and adjudications that arose out of the same incident of abuse or neglect for which the person was substantiated, whether by verdict, by judgment, or by a plea of any type, including a plea resulting in a deferred sentence, shall be competent evidence in a hearing held under this subchapter.

(c) A hearing may be stayed upon request of the petitioner 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 or neglect for which the person was substantiated.

(d) If no review by the Board is requested, the Department's decision in the case shall be final, and the person shall have no further right for review under this section. The Board may grant a waiver and permit such a review upon good cause shown.
33 V.S.A. § 1113 — VT Code / Title 33 / Chapter 11 / Section 1113
§ 1113. Employment preparation, readiness, and participation
Status: in_force

(a) Each participating adult in a family receiving a financial assistance grant shall participate in the process of planning and engaging in goal achievement. These goals may be related to family well-being, financial stability, employment, training, education, and addressing obstacles to employment. Participating families shall participate in establishing goals and steps to achieve goals, reviewing and revising goals as necessary, and setting new goals as each goal is achieved.

(b) Program participation requirements shall become effective as soon as the participating adult becomes eligible for financial assistance.

(c) A participating adult may meet program participation requirements, including the following activities, through one or a combination of work, education, training, and other activities that address the family's goals and well-being:

(1) employment, either full-time or part-time;

(2) activities that develop and enhance the skills employers need their employees to have in the workplace, including:

(A) career-specific training programs;

(B) English language learning;

(C) literacy and math skill courses; or

(D) credential programs;

(3) entrepreneurship and business development;

(4) job search and career exploration, including:

(A) engaging in work experience; or

(B) participating in job shadow opportunities;

(5) education, including obtaining:

(A) a high school diploma;

(B) technical training and vocation education; or

(C) career-specific education;

(6) building foundations for employment, including:

(A) housing search efforts;

(B) arranging transportation; or

(C) arranging child care;

(7) activities aimed at improving family and financial well-being, including:

(A) financial capability classes and coaching;

(B) mental health treatment;

(C) treatment for substance use disorder;

(D) working with children's health and school professionals;

(E) applying for Supplemental Security Income; or

(F) working with the Division of Family Services; or

(8) any other activity designated by the Commissioner in accordance with criteria established in rule pursuant to 3 V.S.A. chapter 25.

(d) A participating adult shall be deemed to meet the program participation requirements if the adult is participating in activities that lead to employment based on goal setting and active universal engagement.

(e) Notwithstanding any other provision of this chapter, unpaid work activities that are not primarily education, job search, job readiness, or training activities shall not exceed the levels established by the Fair Labor Standards Act. Adjustments required to conform with the Fair Labor Standards Act shall be made pursuant to calculation standards established by the Commissioner by rule.
33 V.S.A. § 3210 — VT Code / Title 33 / Chapter 32 / Section 3210
§ 3210. Conflict of interest
Status: in_force

The Child, Youth, and Family Advocate, the Advocate's employees or contractors, and members of the Oversight Commission on Children, Youths, and Families shall not have any conflict of interest with the Department or with any entity that provides services to children, youths, and families through funds provided by the Department relating to the performance of their responsibilities under this chapter. For the purposes of this section, a conflict of interest exists whenever the Child, Youth, and Family Advocate, the Advocate's employees or contractors, or a member of the Oversight Commission on Children, Youths, and Families:

(1) has direct involvement in the licensing, certification, or accreditation of a provider or facility delivering services to children, youths, and families;

(2) has a direct ownership interest in a provider or facility delivering services to children, youths, and families;

(3) is employed by or participates in the management of a provider or facility delivering services to children, youths, and families; or

(4) receives or has the right to receive, directly or indirectly, remuneration under a compensation arrangement with a provider or facility delivering services to children, youths, and families.
33 V.S.A. § 7501 — VT Code / Title 33 / Chapter 75 / Section 7501
§ 7501. Definitions
Status: in_force

As used in this chapter:

(1) “Long-term care” means services and supports received by an individual in a long-term care facility or provided to an individual through the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration.

(2) “Long-term care facility” means a residential care home, an assisted living residence or nursing home as defined by section 7102 of this title, or any other similar adult care home that is licensed or required to be licensed pursuant to chapter 71 of this title.

(3) “Office” means the Office of the State Long-Term Care Ombudsman.

(4) “Older person” means an individual who is 60 years of age or older.

(5) “Representatives of the Office of the State Long-Term Care Ombudsman” or “representatives of the Office” means the employees or volunteers designated by the State Long-Term Care Ombudsman to carry out the duties of the Office, regardless of whether supervision is provided by the Ombudsman, his or her designee, or an agency hosting a local Ombudsman entity designated by the Ombudsman.

(6) “Resident” means an older person or an individual with disabilities who is 18 years of age or older who resides in a long-term care facility or receives long-term care through the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration.

(7) “Resident representative” means any of the following:

(A) an individual chosen by the resident to act on his or her behalf in order to support the resident with decision making; accessing the resident's own medical, social, or other personal information; managing financial matters; receiving notifications; or a combination of these;

(B) a person authorized by State or federal law, including an agent under a power of attorney or advance directive, a representative payee, or another fiduciary, to act on the resident's behalf to support the resident with decision making; accessing the resident's own medical, social, or other personal information; managing financial matters; receiving notifications; or a combination of these;

(C) legal representative, as used in Section 712 of the federal Older Americans Act, 42 U.S.C. § 3058g; or

(D) the resident's court-appointed guardian or conservator.

(8) “State Long-Term Care Ombudsman” or “Ombudsman” means the individual selected from among individuals with expertise and experience in the fields of long-term care and advocacy who heads the Office of the State Long-Term Care Ombudsman and is responsible personally, or through representatives of the Office, to fulfill the functions, responsibilities, and duties set forth in 45 C.F.R. §§ 1324.13 and 1324.19.

(9) “Willful interference” means an individual's action taken or failure to act in an intentional attempt to prevent, interfere with, or impede the Ombudsman or a representative of the Office from performing any of his or her functions, responsibilities, or duties.