33 V.S.A. § 3518 — VT Code / Title 33 / Chapter 35 / Section 3518
§ 3518. Child care provider ownership disclosure
Status: in_force

(a) Definitions. As used in this section:

(1) “Affiliate” means a person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person.

(2) “Controls,” “is controlled by,” and “under common control” mean the power to direct, or cause the direction or management and policies of a person, whether through the direct or beneficial ownership of voting securities, by contract, or otherwise. A person who directly or beneficially owns 10 percent or more equity interest, or the equivalent thereof, of another person shall be deemed to control the person.

(3) “Licensee” means a person that the Department approves to receive Child Care Financial Assistance Program funding for child care services pursuant to a provider rate agreement.

(4) “Principal” means one of the following:

(A) the president, vice president, secretary, treasurer, manager, or similar officer of a corporation as provided for by 11A V.S.A. § 8.40, nonprofit corporation as provided for by 11B V.S.A. § 8.40, mutual benefit enterprise as provided for by 11C V.S.A. § 822, cooperative as provided for by 11 V.S.A. § 1013, or worker cooperative corporation as provided for by 11 V.S.A. § 1089;

(B) a director of a corporation as provided for by 11A V.S.A. § 8.01, nonprofit corporation as provided for by 11B V.S.A. § 8.01, mutual benefit enterprise as provided for by 11C V.S.A. § 801, cooperative as provided for by 11 V.S.A. § 1006, or worker cooperative corporation as provided for by 11 V.S.A. § 1089;

(C) a member of a member-managed limited liability company as provided for by 11 V.S.A. § 4054;

(D) manager of a manager-managed limited liability company as provided for by 11 V.S.A. § 4054; or

(E) a partner of a partnership as provided for by 11 V.S.A. § 3212 or a general partner of a limited partnership as provided for by 11 V.S.A chapter 23.

(b) Disclosure. The Department shall adopt procedures to require each licensee to disclose, as a condition of receiving Child Care Financial Assistance Program funding pursuant to a provider rate agreement:

(1) the type of business organization of the licensee;

(2) the identity of the licensee's owners and principals; and

(3) the identity of the owners and principals of the licensee's affiliates.
33 V.S.A. § 5291 — VT Code / Title 33 / Chapter 52 / Section 5291
§ 5291. Detention or treatment of individuals charged as delinquents in secure facilities for the detention or treatment of delinquent children
Status: in_force

(a) Prior to disposition, the court shall have the sole authority to place a child who is in the custody of the Department in a secure facility used for the detention or treatment of delinquent children until the Commissioner determines that a suitable placement is available for the child. The court shall not order placement in a secure facility without a recommendation from the Department that placement in a secure facility is necessary. The court order shall include a finding that no other suitable placement is available and the child presents a risk of injury to himself or herself, to others, or to property.

(b) Absent good cause shown and notwithstanding section 5227 of this title, when a child is placed in a secure facility pursuant to subsection (a) of this section and remains in a secure facility for 45 days following the preliminary hearing, the merits hearing shall be held and merits adjudicated within 45 days of the date of the preliminary hearing or the court shall dismiss the petition with prejudice. If merits have been found, the court shall review the secure facility placement order at the merits hearing.

(c) If a child is placed in a secure facility pursuant to subsection (a) of this section and secure facility placement continues following the merits hearing review pursuant to subsection (b) of this section, the court shall, within 35 days of the merits adjudication:

(1) hold the disposition hearing; or

(2) if disposition is not held within 35 days, hold a hearing to review the continued secure facility placement.

(d) A child placed in a secure facility on an order pursuant to subsection (a), (b), or (c) of this section with a finding that no other suitable placement is available and the child presents a risk of harm to others or to property shall be entitled to an independent, second evidentiary hearing, which shall be a hearing de novo by a single justice of the Vermont Supreme Court. The Chief Justice may make an appointment or special assignment in accordance with 4 V.S.A. § 22 to conduct the de novo hearing required by this subsection. Unless the parties stipulate to the admission of portions of the trial court record, the de novo review shall be a new evidentiary hearing without regard to the record compiled before the trial court.

(e) Following disposition, the Commissioner shall have the sole authority to place a child who is in the custody of the Department in a secure facility for the detention or treatment of delinquent children pursuant to the Department's administrative policies on admission.
33 V.S.A. § 5265 — VT Code / Title 33 / Chapter 52 / Section 5265
§ 5265. Violation of conditions of probation
Status: in_force

(a) If the juvenile fails to comply with conditions of probation, the State's Attorney, a juvenile probation officer, or the court on its own motion may initiate a proceeding to establish that the juvenile is in violation of probation conditions.

(b) A juvenile probationer shall not be found in violation of conditions of probation unless the juvenile probationer is found to have violated a condition of probation, is again adjudicated a delinquent, or is convicted of a crime.
33 V.S.A. § 5262 — VT Code / Title 33 / Chapter 52 / Section 5262
§ 5262. Conditions of probation
Status: in_force

(a) The conditions of probation shall be such as the court in its discretion deems necessary to ensure to the greatest extent reasonably possible that the juvenile will be provided a program of treatment, training, and rehabilitation consistent with the protection of the public interest. The court shall provide as an explicit condition of every juvenile probation certificate that if the juvenile is adjudicated a delinquent or is convicted of an adult crime while on probation, then the court may find the juvenile in violation of the conditions of probation.

(b) The court may, as a condition of probation, require that the juvenile:

(1) Work faithfully for a prescribed number of hours at a community service activity acceptable to the court or, if so ordered by the court, at a community service activity acceptable to a probation officer.

(2) Make restitution or reparation to the victim of the juvenile's conduct for the damage or injury that was sustained. When restitution or reparation is a condition of probation, the court shall fix the amount thereof. The court shall further determine the amount the juvenile can or will be able to pay and fix the manner of performance. In the alternative, the court may refer the determination of the amount, the ability to pay, and the manner of performance to a restorative justice panel.

(3) Participate in programs designed to develop competencies to enable the child to become a responsible and productive member of the community.

(4) Refrain from purchasing or possessing a firearm or ammunition, any destructive device, or any dangerous weapon unless granted written permission by the court or juvenile probation officer.

(5) Report to a juvenile probation officer at reasonable times as directed by the court or the probation officer.

(6) Permit the juvenile probation officer to visit the juvenile at reasonable times at home or elsewhere.

(7) Remain within the jurisdiction of the court unless granted permission to leave by the court or the probation officer.

(8) Answer all reasonable inquiries by the juvenile probation officer and promptly notify the probation officer of any change in address or employment.

(9) Satisfy any other conditions reasonably related to the juvenile's rehabilitation.

(10) Reside at home or other location specified by the court.

(11) Attend or reside at an educational or vocational facility or a facility established for the instruction, recreation, or residence of persons on probation.

(12) Work faithfully at suitable employment or faithfully pursue a course of study or of vocational training that will equip the juvenile for suitable employment.

(13) Undergo available medical treatment, participate in psychiatric treatment or mental health counseling, and participate in alcohol or drug abuse assessment or treatment on an outpatient or inpatient basis.
33 V.S.A. § 2114 — VT Code / Title 33 / Chapter 21 / Section 2114
§ 2114. Rental or Mortgage Arrearage Program
Status: in_force

(a) The Department for Children and Families shall provide up to three months of rental or mortgage arrearage assistance to eligible families. Assistance under this section is not an entitlement and shall be limited to the funds appropriated.

(b) As used in this section:

(1) “Disability” means:

(A) that an individual is receiving Medicaid, disability insurance benefits under the Social Security Act (SSI or SSDI), or Medicare based on a determination of disability;

(B) a physical or mental impairment that substantially limits one or more major life activities of the individual or a record of such an impairment; or

(C) a physical or mental impairment that prevents an individual from working for at least 30 days as verified by a signed statement from a physician or licensed practitioner.

(2) “Extraordinary event” means a serious situation, occurrence, or emergency that either:

(A) happens unexpectedly and demands immediate attention, including an unanticipated need for a work-related expense necessary to preserve employment or for housing expenses required to remove life-threatening hazards or to keep the home habitable; or

(B) leads to additional expenses or loss of income that could not have been prevented by the family, including a death or illness of a family member.

(3) “Gross housing expenses” includes the family's rent or mortgage, insurance that is required as part of the mortgage, property taxes, condominium fees, and utility costs, including fuel, electricity, water, basic telephone service, and sewer, but excluding television service.

(4) “Income” shall be calculated using the Emergency Assistance rules, including the rules relating to deductions and exemptions.

(c) A family is eligible if:

(1) The family includes at least one dependent child.

(2)(A) The family is in imminent danger of losing its housing due to circumstances that could not reasonably have been avoided, including:

(i) the rent or mortgage payments were not made because the family experienced an extraordinary event that appropriately required the use of the funds;

(ii) a family member has a disability that contributed to the circumstances that could not reasonably have been avoided and resulted in the rent or mortgage payments not being made; or

(iii) the family's essential expenses exceeded the family's income or the family's gross housing expenses were equal to or greater than 60 percent of the family's income.

(B) The family is likely to be eligible for temporary housing assistance, and payment under this section would be more cost-effective than providing temporary housing.

(3) The payment of all or a portion of that arrearage will prevent, not merely postpone, homelessness.

(4) The family has received a notice of rental termination for nonpayment of rent or a sworn statement of the amount of rent owed from the landlord, or a mortgage demand notice from the mortgage holder.

(5) The landlord or mortgage holder agrees to terminate any action intended to evict or otherwise cause the family to relocate as a result of the payment and agrees not to reinstitute such action on the basis of obligations remaining as of the date of payment.

(6) The family meets all other criteria for Emergency Assistance, except that prior receipt of Emergency Assistance for another purpose shall not disqualify the family for assistance under this section. Assistance under this section shall be available not more than once every 12 months.
33 V.S.A. § 7505 — VT Code / Title 33 / Chapter 75 / Section 7505
§ 7505. Cooperation of State agencies
Status: in_force

(a) All State agencies shall comply with reasonable requests of the Ombudsman for information and assistance and shall comply with the requirements for State agencies set forth in 45 C.F.R. § 1324.15.

(b) The Secretary of Human Services may adopt rules necessary to ensure that departments within the Agency of Human Services cooperate with the Ombudsman's office. Cooperation shall include providing information regarding conditions and care in long-term care facilities.
33 V.S.A. § 2604 — VT Code / Title 33 / Chapter 26 / Section 2604
§ 2604. Eligible beneficiaries; requirements
Status: in_force

(a) The Secretary of Human Services or designee, by rule, shall establish household income eligibility requirements of beneficiaries in the Seasonal Fuel Assistance Program, including the income of all residents of the household. The income eligibility requirements shall require that households have a gross household income no greater than 185 percent of the federal poverty level nor in excess of income maximums established by LIHEAP in order to be potentially eligible for benefits. To the extent allowed by federal law, the Secretary of Human Services or designee shall establish by rule a calculation of gross income based on the same rules used in 3SquaresVT, except that the Secretary or designee shall include additional deductions or exclusions from income required by LIHEAP.

(b) The Secretary of Human Services or designee shall by procedure establish a table that contains amounts that will function as a proxy for applicant households' annual heating fuel cost for the previous year. The seasonal fuel expenditure estimates contained within the table shall closely approximate the actual home heating costs experienced by participants in the Home Heating Fuel Assistance Program. The table shall be revised not less frequently than every three years based on data supplied by certified fuel suppliers, the Department of Public Service, and other industry sources to the Office of Home Heating Fuel Assistance. The Secretary or designee shall provide a draft of the table to the Home Energy Assistance Task Force established pursuant to subsection 2602a(c) of this title and solicit input from the Task Force prior to finalizing the table.

(c) In determining heating fuel costs of households:

(1) Residents of housing units subsidized by the federal, State, or local government shall be deemed to have incurred no annual home heating fuel costs, except to the extent required by any federal law or regulation if federal funds are utilized for the Home Heating Fuel Assistance Program, and with the following additional exception. Housing unit residents who participate in Reach Up under chapter 11 of this title or who receive Supplemental Security Income/Aid to the Aged, Blind, and Disabled (SSI/AABD); Emergency Assistance; or General Assistance benefits that are used in whole or in part to pay for their housing or utility costs and do not receive other federal, State, or local government assistance targeted specifically to their housing or utility needs shall, with the exception of households for which the cost of heat is supplied by the landlord, be assumed to incur annual home heating fuel costs and their eligibility for annual heating fuel assistance shall not be limited by this subsection.

(2) The annual heating fuel cost for a household unit shall be only for the cost of the primary heating fuel source of the unit, which may be for wood, electricity, or any other fuel source, but annual heating fuel costs shall be only for the cost of heat and not include the cost of the fuel for any other uses of the household.
33 V.S.A. § 911 — VT Code / Title 33 / Chapter 9 / Section 911
§ 911. Payment rates for providers of community-based services
Status: in_force

(a) The Secretary of Human Services shall calculate payment rates for providers of community-based services that are reasonable and adequate to achieve the required outcomes for the populations they serve. When calculating these payment rates, the Secretary:

(1) for informational purposes, shall ensure that the calculations take into account factors that include:

(A) the reasonable cost of any governmental mandate that has been enacted, adopted, or imposed by any State or federal authority; and

(B) a cost adjustment factor to reflect changes in reasonable costs of goods to and services of providers of community-based services, including those attributed to inflation and labor market dynamics; and

(2) may consider geographic differences in wages, benefits, housing, and real estate costs in each region of the State.

(b) The Secretary shall establish a methodology for calculating payment rates for providers of community-based services in accordance with this section. The methodology shall:

(1) provide a schedule for conducting studies of the Medicaid reimbursement rates paid to the providers of community-based services, including the rates' adequacy and their underlying methodologies, that includes studying the rates paid to providers for each type of service at least once every five years;

(2) set forth a predictable timeline for redetermination of base rates;

(3) include a process for calculating an annual inflationary rate adjustment;

(4) to the extent permitted by the Centers for Medicare and Medicaid Services, take into account the financial needs of providers whose reimbursements may be negatively affected by client absences; and

(5) use Vermont labor market rates and Vermont costs of operation.

(c) The Secretary shall establish a process by which a provider of community-based services whose financial condition places it at imminent risk of closure may request provider stabilization from the Agency.

(d) The Secretary shall recalculate the payment rates for providers of community-based services in accordance with this section at least annually and shall report those rates, and the amounts necessary to fund them, to the House Committees on Appropriations, on Human Services, and on Health Care and the Senate Committees on Appropriations and on Health and Welfare annually as part of the Agency's budget presentation.
33 V.S.A. § 7102 — VT Code / Title 33 / Chapter 71 / Section 7102
§ 7102. Definitions
Status: in_force

As used in this chapter:

(1) “Assisted living residence” means a program that combines housing, health, and supportive services for the support of resident independence and aging in place. Within a homelike setting, assisted living units offer, at a minimum, a private bedroom, private bath, living space, kitchen capacity, and a lockable door. Assisted living promotes resident self-direction and active participation in decision making while emphasizing individuality, privacy, and dignity.

(2) “Facility” means a residential care home, nursing home, assisted living residence, home for persons who are terminally ill, or therapeutic community residence licensed or required to be licensed pursuant to the provisions of this chapter.

(3) “Home for persons who are terminally ill” means a place providing services specifically for three or more people who are dying, including room, board, personal care, and other assistance for the residents' emotional, spiritual, and physical well-being.

(4) “Licensee” means any person, other than a receiver appointed under this chapter, which is licensed or required to be licensed to operate a facility.

(5) “Licensing agency” means the Agency of Human Services or the department or division within the Agency as the Secretary of Human Services may designate.

(6) “Nursing care” means the performance of services necessary in caring for persons who are sick or injured that require specialized knowledge, judgment, and skill and meet the standards of nursing as defined in 26 V.S.A. § 1572.

(7) “Nursing home” means an institution or distinct part of an institution that is primarily engaged in providing to its residents any of the following:

(A) skilled nursing care and related services for residents who require medical or nursing care;

(B) rehabilitation services for the rehabilitation of persons who are injured, have a disability, or are sick; or

(C) on a 24-hour basis, health-related care and services to individuals who, because of their mental or physical condition, require care and services that can be made available to them only through institutional care.

(8) “Owner” means the holder of the title to the property on or in which the facility is maintained.

(9) “Resident” means any person who lives in and receives services or care in a facility.

(10) “Residential care home” means a place, however named, excluding a licensed foster home, that provides, for profit or otherwise, room, board, and personal care to three or more residents unrelated to the home operator. Residential care homes shall be divided into two groups, depending upon the level of care they provide, as follows:

(A) Level III, which provides personal care, defined as assistance with meals, dressing, movement, bathing, grooming, or other personal needs, or general supervision of physical or mental well-being, including nursing overview and medication management as defined by the licensing agency by rule, but not full-time nursing care; and

(B) Level IV, which provides personal care, as described in subdivision (A) of this subdivision (10), or general supervision of the physical or mental well-being of residents, including medication management as defined by the licensing agency by rule, but not other nursing care.

(11) “Therapeutic community residence” means a place, however named, excluding hospitals as defined by statute, that provides, for profit or otherwise, transitional individualized treatment to three or more residents with major life adjustment problems, such as a substance use disorder, psychiatric disability, or delinquency.

(12) “Insolvent” means:

(A) having generally ceased to pay debts in the ordinary course of business other than as a result of bona fide dispute;

(B) being unable to pay debts as they become due; or

(C) being insolvent within the meaning of federal bankruptcy law.
33 V.S.A. § 5726 — VT Code / Title 33 / Chapter 57 / Section 5726
§ 5726. Rulemaking
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 section and the bylaws and rules adopted under it. 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 procedures act as the Interstate Commission deems appropriate, consistent with due process requirements under the United States and Vermont Constitutions. 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 Commission.

(c) When promulgating a rule, the Interstate Commission shall, at a minimum:

(1) publish the proposed rule's entire text, stating the reason for the 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 made publicly available;

(3) provide an opportunity for an informal hearing if petitioned by 10 or more persons; and

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

(d) The Interstate Commission shall allow any interested person to file a petition for judicial review of a rule not later than 60 days after the rule is promulgated. The petition shall be filed in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principal office is located. 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. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.

(e) If a majority of the legislatures of the compacting 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 compacting state.

(f) The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this chapter shall be null and void 12 months after the second meeting of the Interstate Commission created by section 5723 of this title.

(g) Upon determination by the Interstate Commission that a state of emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures of this section shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.
33 V.S.A. § 2002 — VT Code / Title 33 / Chapter 19 / Section 2002
§ 2002. Supplemental rebates
Status: in_force

(a) The Commissioner of Vermont Health Access, separately or in concert with the authorized representatives of any participating health benefit plan, shall use the preferred drug list authorized by the Pharmacy Best Practices and Cost Control Program to negotiate with pharmaceutical companies for the payment to the Commissioner of supplemental rebates or price discounts for Medicaid and for any other State public assistance health benefit plans designated by the Commissioner, in addition to those required by Title XIX of the Social Security Act. The Commissioner may also use the preferred drug list to negotiate for the payment of rebates or price discounts in connection with drugs covered under any other participating health benefit plan within or outside this State, provided that such negotiations and any subsequent agreement shall comply with the provisions of 42 U.S.C. § 1396r-8. The Program, or such portions of the Program as the Commissioner shall designate, shall constitute a State pharmaceutical assistance program under 42 U.S.C. § 1396r-8(c)(1)(C).

(b) The Commissioner shall negotiate supplemental rebates, price discounts, and other mechanisms to reduce net prescription drug costs by means of any negotiation strategy that the Commissioner determines will result in the maximum economic benefit to the Program and to consumers in this State, while maintaining access to high-quality prescription drug therapies. The Commissioner may negotiate through a purchasing pool or directly with manufacturers. The provisions of this subsection do not authorize agreements with pharmaceutical manufacturers in which financial support for medical services covered by the Medicaid program is accepted as consideration for placement of one or more prescription drugs on the preferred drug list.

(c) The Department of Vermont Health Access shall prohibit the public disclosure of information revealing company-identifiable trade secrets (including rebate and supplemental rebate amounts, and manufacturer's pricing) obtained by the Department, and by any officer, employee, or contractor of the Department in the course of negotiations conducted pursuant to this section. Such confidential information shall be exempt from public disclosure under 1 V.S.A. chapter 5, subchapter 3 (Public Records Act).
33 V.S.A. § 5302 — VT Code / Title 33 / Chapter 53 / Section 5302
§ 5302. Request for emergency care order
Status: in_force

(a) If an officer takes a child into custody pursuant to section 5301 of this title, the officer shall immediately notify the child's custodial parent, guardian, or custodian and release the child to the care of the child's custodial parent, guardian, or custodian unless the officer determines that the child's immediate welfare requires the child's continued absence from the home.

(b) If the officer determines that the child's immediate welfare requires the child's continued absence from the home:

(1) The officer shall remove the child from the child's surroundings, contact the Department, and deliver the child to a location designated by the Department. The Department shall have the authority to make reasonable decisions concerning the child's immediate placement, safety, and welfare pending the issuance of an emergency care order.

(2) The officer or a social worker employed by the Department for Children and Families shall prepare an affidavit in support of a request for an emergency care order and provide the affidavit to the State's Attorney. The affidavit shall include the reasons for taking the child into custody and, to the degree known, potential placements with which the child is familiar; the names, addresses, and telephone number of the child's parents, guardian, custodian, or care provider; and the name, address, and telephone number of any relative who has indicated an interest in taking temporary custody of the child. The officer or social worker shall contact the Department and the Department may prepare an affidavit as a supplement to the affidavit of the law enforcement officer or social worker if the Department has additional information with respect to the child or the family.

(c) If the child is taken into custody during regular court hours, the State's Attorney shall immediately file a request for an emergency care order accompanied by the supporting affidavit or direct the immediate return of the child to the child's custodial parent, guardian, or custodian. If the child is taken into custody after regular court hours or on a weekend or holiday, the State's Attorney or officer shall contact a judge to request an emergency care order or return the child to the child's custodial parent, guardian, or custodian. If an order is granted, the State's Attorney shall file the supporting affidavit with the court on the next day that the court is open.

(d) If the judge denies a request for an emergency care order, the State's Attorney shall direct the immediate return of the child to the child's custodial parent, guardian, or custodian.
33 V.S.A. § 5266 — VT Code / Title 33 / Chapter 52 / Section 5266
§ 5266. Summons, apprehension, and prehearing placement of juvenile probationer
Status: in_force

At any time before the discharge of a juvenile probationer or the termination of the period of probation:

(1) The court may summon the juvenile to appear before it or may issue an order for the juvenile's apprehension and placement in a detention or treatment facility.

(2) Any juvenile probation officer may apprehend a juvenile probationer or may authorize any officer to do so by giving the officer a written statement setting forth that the juvenile has, in the judgment of the juvenile probation officer, violated a condition of probation. The written statement delivered with the juvenile by the apprehending officer to the supervisor of the juvenile detention or treatment facility or residential program to which the juvenile is brought for prehearing placement shall be sufficient authority for maintaining the juvenile in the facility or residential program.

(3) Any juvenile probationer apprehended or placed in accordance with the provisions of this chapter shall have no right of action against the juvenile probation officer or any other person because of such apprehension or placement.
33 V.S.A. § 4915b — VT Code / Title 33 / Chapter 49 / Section 4915b
§ 4915b. Procedures for investigation
Status: repealed

(a) An investigation, to the extent that it is reasonable under the facts and circumstances presented by the particular allegation of child abuse, shall include all of the following:

(1) A visit to the child's place of residence or place of custody and to the location of the alleged abuse or neglect.

(2) An interview with or observation of the child reportedly having been abused or neglected. If the investigator elects to interview the child, that interview may take place without the approval of the child's parents, guardian, or custodian, provided that it takes place in the presence of a disinterested adult who may be, but shall not be limited to being, a teacher, a member of the clergy, a child care provider regulated by the Department, or a nurse.

(3) Determination of the nature, extent, and cause of any abuse or neglect.

(4) Determination of the identity of the person alleged to be responsible for such abuse or neglect. The investigator shall use best efforts to obtain the person's mailing and email address as soon as practicable once the person's identity is determined. The person shall be notified of the outcome of the investigation and any notices sent by the Department using the mailing address, or if requested by the person, to the person's email address collected pursuant to this subdivision.

(5)(A) The identity, by name, of any other children living in the same home environment as the subject child. The investigator shall consider the physical and emotional condition of those children and may interview them, unless the child is the person who is alleged to be responsible for such abuse or neglect, in accordance with the provisions of subdivision (2) of this subsection (a).

(B) The identity, by name, of any other children who may be at risk if the abuse was alleged to have been committed by someone who is not a member of the subject child's household. The investigator shall consider the physical and emotional condition of those children and may interview them, unless the child is the person who is alleged to be responsible for such abuse or neglect, in accordance with the provisions of subdivision (2) of this subsection (a).

(6) A determination of the immediate and long-term risk to each child if that child remains in the existing home or other environment.

(7) Consideration of the environment and the relationship of any children therein to the person alleged to be responsible for the suspected abuse or neglect.

(8) All other data deemed pertinent, including any interviews of witnesses made known to the Department.

(b) For cases investigated and substantiated by the Department, the Commissioner shall, to the extent that it is reasonable, provide assistance to the child and the child's family. For cases investigated but not substantiated by the Department, the Commissioner may, to the extent that it is reasonable, provide assistance to the child and the child's family. Nothing contained in this section or section 4915a of this title shall be deemed to create a private right of action.

(c) The Commissioner, designee, or any person required to report under section 4913 of this title or any other person performing an investigation may take or cause to be taken photographs of trauma visible on a child who is the subject of a report. The Commissioner or designee may seek consultation with a physician. If it is indicated appropriate by the physician, the Commissioner or designee may cause the child who is subject of a report to undergo a radiological examination without the consent of the child's parent or guardian.

(d) Services may be provided to the child's immediate family whether or not the child remains in the home.

(e) [Repealed.]

(f) The Department shall not substantiate cases in which neglect is caused solely by the lack of financial resources of the parent or guardian.
33 V.S.A. § 2075 — VT Code / Title 33 / Chapter 19 / Section 2075
§ 2075. Assistance in enrolling in Medicare Part D
Status: in_force

The Agency of Human Services may act, if permissible under federal law, as an individual's agent to enroll the individual in a Medicare Part D prescription drug plan and a low-income subsidy if the individual has not enrolled prior to the application for VPharm. The Agency shall provide applicants for VPharm with information on Medicare Part D and the low-income subsidy if applicable, and on how to obtain assistance in enrolling in Medicare Part D or the subsidy.
33 V.S.A. § 3610 — VT Code / Title 33 / Chapter 36 / Section 3610
§ 3610. Negotiated agreement; funding
Status: in_force

(a) If the State and the exclusive representative reach an agreement, the Governor shall request from the General Assembly an appropriation sufficient to fund the agreement in the next operating budget. If the General Assembly appropriates sufficient funds, the negotiated agreement shall become effective and binding at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly and shall become effective and legally binding in the next fiscal year.

(b) Collective bargaining agreements shall be for a maximum term of two years and shall not be subject to cancellation or renegotiation during the term except with the mutual consent in writing of both parties, which consent shall be filed with the Board. Upon the filing of such consent, an agreement may be supplemented, cancelled, or renegotiated.

(c) The agreement shall terminate at the expiration of its specified term. Negotiations for a new agreement shall be commenced, upon the request of either party, at any time within one year before the expiration date of the current agreement. The parties may mutually agree to commence negotiations for a new collective bargaining agreement more than one year before the expiration date of the current agreement.

(d) In the event the State of Vermont and the collective bargaining unit are unable to arrive at an agreement and there is not an existing agreement in effect, the existing contract shall remain in force until a new contract is ratified by the parties. However, nothing in this subsection shall prohibit the parties from agreeing to a modification of certain provisions of the existing contract that, as amended, shall remain in effect until a new contract is finalized and funded by the General Assembly.

(e) The Board is authorized to enforce compliance with all provisions of a collective bargaining agreement upon complaint of either party. In the event a complaint is made by either party to an agreement, the Board shall proceed in the manner prescribed in section 3612 of this chapter relating to the prevention of unfair labor practices.
33 V.S.A. § 6506 — VT Code / Title 33 / Chapter 65 / Section 6506
§ 6506. Posting
Status: in_force

A physician who treats Medicare or General Assistance beneficiaries shall post a summary of the provisions of this chapter in a conspicuous place in his or her office. The summary shall include the statement that any person aggrieved by a physician's failure to comply with the provisions of this chapter may contact the Department of Disabilities, Aging, and Independent Living for assistance or file a complaint with the State Board of Medical Practice within the Department of Health and shall include toll-free telephone numbers to be used for these purposes. The summary shall be written by the Department of Disabilities, Aging, and Independent Living and distributed by the Secretary of State.
33 V.S.A. § 2079 — VT Code / Title 33 / Chapter 19 / Section 2079
§ 2079. Construction
Status: in_force

The benefits provided by the pharmaceutical assistance programs established under this subchapter constitute medical services for purposes of section 141 of this title.
33 V.S.A. § 4916c — VT Code / Title 33 / Chapter 49 / Section 4916c
§ 4916c. Petition for expungement from the Registry
Status: in_force

(a)(1) Pursuant to rules adopted in accordance with subsection 4916(e) of this title, a person whose name has been placed on the Registry may file a written request with the Commissioner, seeking a review for the purpose of expunging an individual Registry record. The Commissioner shall grant a review upon an eligible person's request.

(2) A person who is required to register as a sex offender on the State's Sex Offender Registry shall not be eligible to petition for expungement of the person's Registry record until the person is no longer subject to Sex Offender Registry requirements.

(b)(1) The person shall have the burden of proving that a reasonable person would believe that the person no longer presents a risk to the safety or well-being of children.

(2) The Commissioner shall consider the following factors in making a determination:

(A) the nature of the substantiation that resulted in the person's name being placed on the Registry;

(B) the number of substantiations;

(C) the amount of time that has elapsed since the substantiation;

(D) the circumstances of the substantiation that would indicate whether a similar incident would be likely to occur;

(E) any activities that would reflect upon the person's changed behavior or circumstances, such as therapy, employment, or education;

(F) references that attest to the person's good moral character; and

(G) any other information that the Commissioner deems relevant.

(3) The Commissioner may deny a petition for expungement based solely on subdivision (2)(A) or (2)(B) of this subsection. The Commissioner's decision to deny an expungement petition shall contain information about how to prepare for future expungement requests.

(c) At the review, the person who requested the review shall be provided with the opportunity to present any evidence or other information, including witnesses, that supports the person's request for expungement. Upon the person's request or during a declared state of emergency in Vermont, the conference may be held through a live, interactive, audio- video connection or by telephone.

(d) A person may seek a review under this section not more than once every 36 months.

(e) Within 30 days after the date on which the Commissioner sent notice of the decision pursuant to this section, a person may appeal the decision to the Human Services Board. The person shall be prohibited from challenging the substantiation at such hearing, and the sole issues before the Board shall be whether the Commissioner abused the Commissioner's discretion in denying the petition for expungement. The hearing shall be on the record below, and determinations of credibility of witnesses made by the Commissioner shall be given deference by the Board.

(f) The Department shall take steps to provide reasonable notice to persons on the Registry of their right to seek an expungement under this section. Actual notice is not required. Reasonable steps may include activities such as the production of an informative fact sheet about the expungement process, posting of such information on the Department website, and other approaches typically taken by the Department to inform the public about the Department's activities and policies. The Department shall send notice of the expungement process to any person listed on the Registry for whom a Registry check has been requested.
33 V.S.A. § 6301 — VT Code / Title 33 / Chapter 63 / Section 6301
§ 6301. Policy
Status: in_force

It is the policy of the State of Vermont to ensure that all residents in every town within the State have access to comprehensive, medically necessary home health services without regard to their ability to pay for those services and to ensure that such services are delivered in an efficient and cost-effective manner, under a regulatory framework designed to control costs and ensure access to high quality home health services based on a model that promotes cooperation and nonduplication of services, rather than unregulated competition.
33 V.S.A. § 1901d — VT Code / Title 33 / Chapter 19 / Section 1901d
§ 1901d. State Health Care Resources Fund
Status: repealed

(a) The State Health Care Resources Fund is established in the State Treasury as a special fund to be a source of financing for health care coverage for beneficiaries of the State health care assistance programs under the Global Commitment to Health waiver approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act.

(b) Into the Fund shall be deposited:

(1)-(4) [Repealed.]

(5) premium amounts paid by individuals unless paid directly to the insurer; and

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

(7) [Repealed.]

(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. The Agency shall maintain records indicating the amount of money in the Fund at any time.

(d) All monies received by or generated to the Fund shall be used only as allowed by appropriation of the General Assembly for the administration and delivery of health care covered through State health care assistance programs administered by the Agency under the Global Commitment to Health Medicaid Section 1115 waiver, immunizations under 18 V.S.A. § 1130, and the development and implementation of the Blueprint for Health under 18 V.S.A. § 702.
33 V.S.A. § 6912 — VT Code / Title 33 / Chapter 69 / Section 6912
§ 6912. Public education and disclosure of rights and duties; posting of notice
Status: in_force

(a) The Department, within available appropriations, shall conduct a publicity and education program to encourage the fullest degree of reporting of suspected abuse, neglect, or exploitation of vulnerable adults.

(b) All agencies, facilities, or institutions providing care and services to adults who are elders, have a disability, or are vulnerable shall inform their employees of their right and duty to report suspected incidents of abuse, neglect, or exploitation and the protections afforded them by this chapter, and shall establish appropriate policies and procedures to facilitate such reporting.

(c)(1) All agencies, facilities, or institutions providing care and services to vulnerable adults shall post in a prominent and accessible location a poster describing the protections afforded to vulnerable adults by this chapter and by 13 V.S.A. chapter 28. The poster shall include, at a minimum, the following:

(A) a statement that abuse, neglect, and exploitation of vulnerable adults is unlawful;

(B) a statement that it is unlawful to retaliate against a person for filing a complaint of abuse, neglect, or exploitation or for cooperating in an investigation of abuse, neglect, or exploitation;

(C) a description and examples of abuse, neglect, and exploitation;

(D) a statement of the range of consequences for persons who commit abuse, neglect, or exploitation;

(E) if the agency, facility, or institution has more than five employees, a description of the process for filing internal complaints about abuse, neglect, and exploitation, and the names, addresses, and telephone numbers of the person or persons to whom complaints should be made; and

(F) the complaint process of the appropriate State and federal agencies and directions as to how to contact such agencies.

(2) Except as provided in subdivision (3) of this subsection, the poster required by this subsection shall be posted in a location where it would ordinarily be viewed by vulnerable adults.

(3) An agency, facility, or institution that provides home-based services shall:

(A) display the poster required by this subsection in its principal place of business; and

(B) provide a written notice that includes all information contained on the poster to each vulnerable adult for whom services are provided.
33 V.S.A. § 5128 — VT Code / Title 33 / Chapter 51 / Section 5128
§ 5128. Placement of a child into a qualified residential treatment program
Status: in_force

(a) Within 60 days of the start of a placement of a child into a qualified residential treatment program by the Commissioner, the Family Division of the Superior Court or the Judicial Master shall review the assessment, determination, and documentation provided by the qualified individual conducting the assessment required pursuant to 42 U.S.C. § 675a. The court or Judicial Master shall determine whether the needs of the child can be met through placement with family members, in a foster family home, or in another approved setting designed to meet specialized needs. If placement in a setting described above is not appropriate, the court or Judicial Master shall consider whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, and whether such a placement is consistent with the short- and long-term goals for the child, as specified in the case plan for the child.

(b) The court or Judicial Master shall approve or disapprove the placement in a qualified residential treatment program based on the factors considered in subsection (a) of this section and make written findings as to the basis for the determination. The decision and findings shall be submitted to the parties.

(c) Nothing in this section shall be construed to limit the Commissioner's authority to place a child who is in the Commissioner's legal custody in a family home or a treatment, rehabilitative, detention, or educational facility or institution as provided in subdivision 5106(4) of this title.

(d) This section shall not apply to children placed in a setting that is intended for the detention of minors.
33 V.S.A. § 1955b — VT Code / Title 33 / Chapter 19 / Section 1955b
§ 1955b. Pharmacy assessment
Status: in_force

(a) Beginning July 1, 2005, each pharmacy's monthly assessment shall be $0.10 for each prescription filled and refilled.

(b) Each pharmacy shall declare and provide supporting documentation to the Commissioner of the total number of prescriptions filled and refilled in the previous month and remit the assessment due for that month. The declaration and payment shall be due by the end of the following month.

(c) Each pharmacy shall submit its assessment payment to the Department monthly. Variations in payment timing shall be permitted as deemed necessary by the Commissioner.

(d) Any pharmacy that fails to pay an assessment to the Department on or before the due date shall be assessed a late payment penalty of two percent of the assessment amount for each month it remains unpaid; but late payment penalties for any one quarter shall not exceed $500.00. The Commissioner may waive a penalty under this subsection for good cause shown by the pharmacy, as determined by the Commissioner in his or her discretion.
33 V.S.A. § 2001 — VT Code / Title 33 / Chapter 19 / Section 2001
§ 2001. Legislative oversight
Status: in_force

(a) Notwithstanding the provisions of 2 V.S.A. § 20(d), the Commissioner of Vermont Health Access shall report annually on or before October 30 to the House Committees on Appropriations, on Health Care, and on Human Services and the Senate Committees on Appropriations and on Health and Welfare concerning the Pharmacy Best Practices and Cost Control Program and the operation of Vermont's pharmaceutical assistance programs for the most recent State fiscal year. Topics covered in the report shall include:

(1) issues related to drug cost and utilization;

(2) the effect of national trends on the pharmacy programs;

(3) comparisons to other states;

(4) the Department's administration of Vermont's pharmaceutical assistance programs;

(5) the Department's use of prior authorization requirements for prescription drugs; and

(6) decisions made by the Department's Drug Utilization Review Board in relation to both drug utilization review efforts and the placement of drugs on the Department's preferred drug list.

(b)(1) The Commissioner shall not enter into a contract with a pharmacy benefit manager unless the pharmacy benefit manager has agreed to disclose to the Commissioner the terms and the financial impact on Vermont and on Vermont beneficiaries of:

(A) any agreement with a pharmaceutical manufacturer to favor the manufacturer's products over a competitor's products, or to place the manufacturer's drug on the pharmacy benefit manager's preferred list or formulary, or to switch the drug prescribed by the patient's health care provider with a drug agreed to by the pharmacy benefit manager and the manufacturer;

(B) any agreement with a pharmaceutical manufacturer to share manufacturer rebates and discounts with the pharmacy benefit manager, or to pay “soft money” or other economic benefits to the pharmacy benefit manager;

(C) any agreement or practice to bill Vermont health benefit plans for prescription drugs at a cost higher than the pharmacy benefit manager pays the pharmacy;

(D) any agreement to share revenue with a mail order or internet pharmacy company;

(E) any agreement to sell prescription drug data concerning Vermont beneficiaries or data concerning the prescribing practices of the health care providers of Vermont beneficiaries; or

(F) any other agreement of the pharmacy benefit manager with a pharmaceutical manufacturer, or with wholesale and retail pharmacies, affecting the cost of pharmacy benefits provided to Vermont beneficiaries.

(2) The Commissioner shall not enter into a contract with a pharmacy benefit manager who has entered into an agreement or engaged in a practice described in subdivision (1) of this subsection, unless the Commissioner determines that the agreement or practice furthers the financial interests of Vermont and does not adversely affect the medical interests of Vermont beneficiaries.
33 V.S.A. § 3903 — VT Code / Title 33 / Chapter 39 / Section 3903
§ 3903. Child support debt
Status: in_force

(a) Except as otherwise provided in this section, any payment of Reach Up financial assistance made to or for the benefit of a dependent child creates a debt due and owing to the Department for Children and Families by any responsible parent in an amount equal to the amount of Reach Up financial assistance paid.

(b) Collection of child support debts shall be made as provided by this section and section 3902 of this title and by 15 V.S.A. chapter 11, subchapter 7. Regardless of the amount of Reach Up financial assistance paid, the court may limit the child support debt, taking into consideration the criteria of 15 V.S.A. § 659. The Department for Children and Families and the responsible parent may limit the child support debt by stipulation, which shall be enforceable on its terms unless it is modified.
33 V.S.A. § 1906a — VT Code / Title 33 / Chapter 19 / Section 1906a
§ 1906a. Recovery against estate; homestead exemptions
Status: in_force

No recovery of medical expenses shall be made under this subchapter against a homestead, provided that the homestead would pass to one or more lineal heirs or siblings of the decedent who either have income below 300 percent of the federal poverty level or who have contributed significantly, monetarily or otherwise, to the decedent so as to allow the decedent to delay or avoid nursing home placement. If a maximum homestead value exemption is allowed by federal law, then any recoveries due to the U.S. Department of Health and Human Services on homesteads valued between such maximum and $125,000.00 shall be paid through State general funds provided the caregiving or poverty standards set forth in this section are also met and the probate estate was opened after June 30, 2000.
33 V.S.A. § 1107 — VT Code / Title 33 / Chapter 11 / Section 1107
§ 1107. Case management; family development plans; coordinated services
Status: in_force

(a)(1) The Commissioner shall provide all Reach Up services to participating families through a case management model informed by knowledge of the family's goals and aspirations, circumstances, home, community, employment, and available resources. Services may be delivered in the district office, the family's home, or the community in a way that facilitates progress toward accomplishment of the family development plan consistent with research on best practices. Case management may be provided to other eligible families. The case manager and family together shall create a family development plan for each participating family, with a right of appeal as provided by section 1132 of this title. A case manager shall be assigned to each participating family as soon as the family begins to receive financial assistance. If administratively feasible and appropriate, the case manager shall be the same case manager the family was assigned in the Reach First program.

(2) Each case manager shall utilize a universal engagement model that aims to engage each participating family, to the best of their ability, in improving the family's social, emotional, and economic well-being. The universal engagement model approaches work and workforce development as a continuum in which each participating adult who is able participates in work or the process of preparing for work, participates in training and education, and increases the participating family's income. A participating adult who is unable to participate due to extenuating personal or family challenges shall be excused from the program participation requirements until able to participate, in accordance with criteria established by rule pursuant to 3 V.S.A. chapter 25.

(3) The case manager shall meet with each participating family following any statutory or rule changes affecting the amount of the earned income disregard, asset limitations, or other eligibility or benefit criteria in the Reach Up program to inform the family of the changes and advise the family about ways to maximize the opportunities to achieve earned income without a corresponding loss of benefits.

(b) The case manager shall establish a schedule for periodic review of the family development plan. In addition, the case manager shall review, and modify if necessary, the plan in the following circumstances:

(1) there is a lack of satisfactory progress in achieving the goals of the plan;

(2) the parent or caretaker has lost unsubsidized or subsidized employment;

(3) a family member has failed to comply with a family development plan requirement or a work requirement;

(4) services required by the plan are unavailable;

(5) at least 30 days prior to when the parent or caretaker would become work-ready or would otherwise be deemed work-ready on the basis of 12-cumulative-month receipt of financial assistance;

(6) a deferment or modification of the work requirements imposed by section 1113 of this title has been requested or is due for review;

(7) within 30 days of when the parent or caretaker has started an unsubsidized or subsidized job; or

(8) changes to the plan are needed to protect the well-being of the children.

(c) The Commissioner shall adopt rules, consistent with research on best practices, establishing maximum caseloads for case managers.

(d) The Secretary of Education, with the assistance and support of the Commissioner for Children and Families, the Commissioner of Disabilities, Aging, and Independent Living, and the Commissioner of Labor, shall develop and implement comparable and reciprocally recognized literacy assessment protocols that will be used for all clients seeking adult education and literacy services; related services of the Agency of Education; or the services of the Department of Disabilities, Aging, and Independent Living, the Department of Labor, or the Department for Children and Families, when such services are being sought for the purpose of developing or strengthening competencies or skills related to the clients' current or future employment. Such protocols shall, to the extent practicable, utilize the same terminology and apply comparable criteria, consistent with individual program purposes and authorization, in determining when testing, other standardized measurement tools, or referrals to relevant professionals for evaluation or diagnosis are appropriate.

(e) The Secretary shall work cooperatively with public and private, local, and regional entities:

(1) to develop subsidized jobs with employers, using the same health and safety standards in effect for unsubsidized jobs;

(2) to develop work placements that incorporate an adult education and literacy component into the hours of work for participants who need to continue to work on their secondary education while fulfilling their work requirement;

(3) to adopt rules that set priorities for services of benefit to the people of Vermont and that prevent displacement of previous unsubsidized workers by subsidized Reach Up program participants; and

(4) to ensure that necessary support services are available, appropriate, and within a reasonable distance, including child care, health care, and transportation.

(f) The Secretary shall:

(1) work with community providers to develop and maintain an adequate number and variety of supervised living alternatives designed to meet the individual needs of parents who are under 18;

(2) work with community providers to develop and maintain parenting, training, and education options for parents who are under 18;

(3) establish and maintain an information program to enable parents to learn about and take advantage of benefits and services that are available to parents who work outside the home;

(4) increase public awareness of the federal and State earned income tax credits, and encourage families who may be eligible to apply for such tax credits; and

(5) in partnership with the Human Resources Investment Council, develop and maintain one or more job training and employment programs for noncustodial parents to encourage long-term economic self-sufficiency and, by extension, their ability to pay child support.
33 V.S.A. § 6702 — VT Code / Title 33 / Chapter 67 / Section 6702
§ 6702. Program established
Status: in_force

A Medicare Advocacy Program is established for the purpose of ensuring through legal and other advocacy services that dual eligible individuals receive the Medicare coverage to which they are entitled. In addition to serving individual beneficiaries, the Program may participate on behalf of dual eligible individuals in reform litigation and Medicare related administrative or judicial proceedings.
33 V.S.A. § 2601 — VT Code / Title 33 / Chapter 26 / Section 2601
§ 2601. Policy and purpose
Status: in_force

(a) It is the purpose of this chapter to secure the safety and health of low income Vermont households by providing needy Vermonters with assistance for the purchase of essential home heating fuel. To further this purpose, application acceptance, processing, and eligibility determination should as much as is practical be coordinated with other economic benefit programs administered by the Agency of Human Services.

(b) This chapter establishes a Home Heating Fuel Assistance Program in the Agency of Human Services with both a seasonal fuel assistance component and a crisis component.
33 V.S.A. § 101 — VT Code / Title 33 / Chapter 1 / Section 101
§ 101. Policy
Status: in_force

It is the policy of the State of Vermont that:

(1) Its social and child welfare programs shall provide assistance and benefits to persons of the State in proven need thereof and eligible for such assistance and benefits under the provisions of this title.

(2) It is the purpose of its social and child welfare laws to establish and support programs that contribute to the prevention of dependency and social maladjustment and contribute to the rehabilitation and protection of persons of the State.

(3) Assistance and benefits shall be administered promptly, with due regard for the preservation of family life, and without restriction of individual rights or discrimination on account of race, religion, political affiliation, or place of residence within the State.

(4) Assistance and benefits shall be so administered as to maintain and encourage dignity, self-respect, and self-reliance. It is the legislative intent that assistance granted shall be adequate to maintain a reasonable standard of health and decency based on current cost of living indices. Notwithstanding this subdivision, the Department will amend rules that establish new maximum Reach Up grant amounts only when the General Assembly has taken affirmative action to increase or decrease the Reach Up financial assistance appropriation.

(5) The programs of the Department for Children and Families shall be designed to strengthen family life for the care and protection of children; to assist and encourage the use by any family of all available personal and reasonable community resources to this end; and to provide substitute care of children only when the family, with the use of available resources, is unable to provide the necessary care and protection to ensure the right of any child to sound health and to normal physical, mental, spiritual, and moral development.
33 V.S.A. § 909 — VT Code / Title 33 / Chapter 9 / Section 909
§ 909. Appeal
Status: in_force

(a) A nursing home that feels aggrieved by a final order of the Division may do any of the following:

(1) Have the right of direct appeal to the Vermont Supreme Court pursuant to the Vermont Rules of Civil Procedure and the Vermont Rules of Appellate Procedure under the same terms and conditions as if the appeal were taken to the Supreme Court from the Superior Court pursuant to the laws of Vermont.

(2) Have the right to appeal de novo to the Superior Court of the county where the nursing home facility is situated.

(3) Request a review by the Secretary of Human Services. The Secretary of Human Services shall designate an independent appeals officer who shall be a registered or certified public accountant. The appeals officer shall conduct appeal hearings and make findings of fact and recommendations to the Secretary. The appeals officer shall have the power to subpoena witnesses and documents and administer oaths. A party aggrieved by a determination of the Secretary may obtain judicial review under the provisions of subdivision (1) or (2) of this subsection.

(b) An appeal from any determination made under this chapter shall not be made under 3 V.S.A. § 3091.
33 V.S.A. § 4103 — VT Code / Title 33 / Chapter 41 / Section 4103
§ 4103. Registry
Status: repealed

(a) The Office of Child Support shall establish a registry for the following purposes:

(1) Processing child support collections and disbursements.

(2) Maintaining records necessary for the receipt and disbursement of child support, including information on support orders and support arrearages, with the date and amount due and the date and amount paid by the obligor and the date and amount disbursed; identifying information about both parents, including the name, address, Social Security number, and employment information; names and dates of birth of children.

(3) Providing a record of their support collections and disbursements to obligors and obligees.

(4) Notifying employers in cases involving wage withholding of the amounts to be withheld for support, the amount of income exempt from withholding, and the dates for beginning, reducing, increasing, and terminating withholding pursuant to the terms of the support order. The Office shall accommodate employer withholdings based upon the employer's payroll period and shall provide return envelopes to the employer for sending the payment to the Office.

(5) Maintaining and providing any other information as required by law.

(b) All orders for child support subject to wage withholding shall require that payment be made through the Registry and shall be deemed IV-D cases. All orders for child support not subject to wage withholding made or modified on or after July 1, 1990 shall require that payment be made through the Registry as a IV-D case unless the parties have agreed that the obligor will pay the obligee directly.

(c) In the case where neither parent requests services under Title IV-D of the Social Security Act or where the case is not a IV-D case by operation of law, the Office of Child Support services may recover the administrative costs of processing payments through the Child Support Registry, not to exceed an administrative fee of $5.00 per month. The Family Division of the Superior Court shall increase the monthly support obligation to take the administrative cost into account unless the noncustodial parent is below the federal poverty level. The Office of Child Support services shall deduct the cost from the first payment received each month. Fees collected under this subsection shall be credited to a special fund and shall be available to the Office of Child Support services to offset the costs of its administrative services.

(d) [Repealed.]
33 V.S.A. § 1825 — VT Code / Title 33 / Chapter 18 / Section 1825
§ 1825. Health benefits
Status: in_force

(a)(1) Green Mountain Care shall include primary care, preventive care, chronic care, acute episodic care, and hospital services and shall include at least the same covered services as those included in the benefit package in effect for the lowest cost Catamount Health plan offered on January 1, 2011.

(2) It is the intent of the General Assembly that Green Mountain Care provide a level of coverage that includes benefits that are actuarially equivalent to at least 87 percent of the full actuarial value of the covered health services.

(3) The Green Mountain Care Board shall consider whether to impose cost-sharing requirements; if so, whether to make the cost-sharing requirements income-sensitized; and the impact of any cost-sharing requirements on an individual's ability to access care. The Board shall consider waiving any cost-sharing requirement for evidence-based primary and preventive care; for palliative care; and for chronic care for individuals participating in chronic care management and, where circumstances warrant, for individuals with chronic conditions who are not participating in a chronic care management program.

(4)(A) The Green Mountain Care Board established in 18 V.S.A. chapter 220 shall consider whether to include dental, vision, and hearing benefits in the Green Mountain Care benefit package.

(B) The Green Mountain Care Board shall consider whether to include long-term care benefits in the Green Mountain Care benefit package.

(5) Green Mountain Care shall not limit coverage of preexisting conditions.

(6) The Green Mountain Care Board shall approve the benefit package and present it to the General Assembly as part of its recommendations for the Green Mountain Care budget.

(b)(1)(A) For individuals eligible for Medicaid or CHIP, the benefit package shall include the benefits required by federal law, as well as any additional benefits provided as part of the Green Mountain Care benefit package.

(B) Upon implementation of Green Mountain Care, the benefit package for individuals eligible for Medicaid or CHIP shall also include any optional Medicaid benefits pursuant to 42 U.S.C. § 1396d or services covered under the State plan for CHIP as provided in 42 U.S.C. § 1397cc for which these individuals are eligible on January 1, 2014. Beginning with the second year of Green Mountain Care and going forward, the Green Mountain Care Board may, consistent with federal law, modify these optional benefits, as long as at all times the benefit package for these individuals contains at least the benefits described in subdivision (A) of this subdivision (b)(1).

(2) For children eligible for benefits paid for with Medicaid funds, the benefit package shall include early and periodic screening, diagnosis, and treatment services as defined under federal law.

(3) For individuals eligible for Medicare, the benefit package shall include the benefits provided to these individuals under federal law, as well as any additional benefits provided as part of the Green Mountain Care benefit package.
33 V.S.A. § 7202 — VT Code / Title 33 / Chapter 71 / Section 7202
§ 7202. Application for receiver
Status: in_force

(a) The Commissioner of Disabilities, Aging, and Independent Living or the Attorney General may file a complaint in the Superior Court of the county in which the licensing agency or the facility is located, requesting the appointment of a receiver when:

(1) a licensee intends to close and has not secured suitable placements for its residents at least 30 days prior to closure;

(2) a situation; a physical condition; or a practice, method, or operation that presents imminent danger of death or serious physical or mental harm to residents exists in a facility, including imminent or actual abandonment of a facility;

(3) a facility is in substantial or habitual violation of the standards of health, safety, or resident care established under State rules or federal regulations to the detriment of the welfare of the residents or clients;

(4) the facility is insolvent; or

(5) the licensing agency has suspended, revoked, or modified the existing license of the facility.

(b)(1) A resident or resident's representative may petition the licensing agency or the Attorney General to seek a receivership under this section. If the licensing agency or Attorney General denies the petition or fails to file a complaint within five days, the party bringing the petition may file a complaint in the Superior Court of the county in which the licensing agency or the facility is located, requesting the appointment of a receiver on the same grounds listed in subsection (a) of this section. Prior to a hearing for the appointment of a receiver, the Commissioner of Disabilities, Aging, and Independent Living shall file an affidavit describing the results of any investigation conducted, including a statement of findings with respect to the resident's petition and the reasons for not filing an action under this section. The Commissioner shall include the two most recent reports of deficiencies in the facility, if any.

(2) If the court finds the grounds listed in subsection (a) of this section are not met, the court may dismiss the complaint without a hearing as provided for in the Vermont Rules of Civil Procedure.

(c)(1) The licensing agency shall be deemed a necessary party under Rule 19(a) of the Vermont Rules of Civil Procedure. A temporary receiver shall be a necessary party after the temporary receiver is appointed and shall remain a party until a receiver is appointed under section 7204 of this chapter. A receiver appointed under section 7204 of this chapter shall be deemed a necessary party under Rule 19(a) of the Vermont Rules of Civil Procedure.

(2) The entity filing the complaint shall notify the State Long-Term Care Ombudsman and the mortgage holder upon filing of the complaint.
33 V.S.A. § 7105 — VT Code / Title 33 / Chapter 71 / Section 7105
§ 7105. License requirements
Status: in_force

(a) Upon receipt of an application for license, the licensing agency shall issue a full license when it has determined that the applicant and facilities meet the standards established by the licensing agency. Licenses issued under this chapter shall expire one year after date of issuance or upon such uniform dates annually as the licensing agency may prescribe by rule. Licenses shall be issued only for the premises and persons named in the application and shall not be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises.

(b) In its discretion, the licensing agency may issue a temporary license permitting operation of a nursing home, assisted living residence, therapeutic community residence, residential care home, or home for persons who are terminally ill for such period or periods and subject to such conditions as the licensing agency deems proper, but in no case shall a nursing home, assisted living residence, therapeutic community residence, residential care home, or home for persons who are terminally ill operate under a temporary license or renewal of a temporary license for a period exceeding 36 months.

(c) An owner, licensee, or administrator shall disclose to the licensing agency any changes in the ownership interests in the company, ownership of any real property, management of the facility, or corporate structure that occur after the date the license is issued. The licensing agency may require the owner, licensee, or administrator to apply for a new license.
33 V.S.A. § 2031 — VT Code / Title 33 / Chapter 19 / Section 2031
§ 2031. Creation of Clinical Utilization Review Board
Status: in_force

(a) No later than June 15, 2010, the Department of Vermont Health Access shall create a Clinical Utilization Review Board to examine existing medical services, emerging technologies, and relevant evidence-based clinical practice guidelines and make recommendations to the Department regarding coverage, unit limitations, place of service, and appropriate medical necessity of services in the State's Medicaid programs.

(b) The Board shall comprise 10 members with diverse medical experience, to be appointed by the Governor upon recommendation of the Commissioner of Vermont Health Access. The Board shall solicit additional input as needed from individuals with expertise in areas of relevance to the Board's deliberations. The Medical Director of the Department of Vermont Health Access shall serve as the State's liaison to the Board. Board member terms shall be staggered, but in no event longer than three years from the date of appointment. The Board shall meet at least quarterly, provided that the Board shall meet no less frequently than once per month for the first six months following its formation.

(c) The Board shall have the following duties and responsibilities:

(1) Identify and recommend to the Commissioner of Vermont Health Access opportunities to improve quality, efficiencies, and adherence to relevant evidence-based clinical practice guidelines in the Department's medical programs by:

(A) examining high-cost and high-use services identified through the programs' current medical claims data;

(B) reviewing existing utilization controls to identify areas in which improved utilization review might be indicated, including use of elective, nonemergency, out-of-state outpatient and hospital services;

(C) reviewing medical literature on current best practices and areas in which services lack sufficient evidence to support their effectiveness;

(D) conferring with commissioners, directors, and councils within the Agency of Human Services and the Department of Financial Regulation, as appropriate, to identify specific opportunities for exploration and to solicit recommendations;

(E) identifying appropriate but underutilized services and recommending new services for addition to Medicaid coverage;

(F) determining whether it would be clinically and fiscally appropriate for the Department of Vermont Health Access to contract with facilities that specialize in certain treatments and have been recognized by the medical community as having good clinical outcomes and low morbidity and mortality rates, such as transplant centers and pediatric oncology centers; and

(G) considering the possible administrative burdens or benefits of potential recommendations on providers, including examining the feasibility of exempting from prior authorization requirements those health care professionals whose prior authorization requests are routinely granted.

(2) Recommend to the Commissioner of Vermont Health Access the most appropriate mechanisms to implement the recommended evidence-based clinical practice guidelines. Such mechanisms may include prior authorization, prepayment, postservice claim review, and frequency limits. Recommendations shall be consistent with the Department's existing utilization processes, including those related to transparency, timeliness, and reporting. Prior to submitting final recommendations to the Commissioner of Vermont Health Access, the Board shall ensure time for public comment is available during the Board's meeting and identify other methods for soliciting public input.

(d) The Commissioner may adopt a mechanism recommended pursuant to subdivision (c)(2) of this section with or without amendment, provided that if the Commissioner proposes to amend the mechanism recommended by the Board, he or she shall request the Board to consider the amendment before the mechanism is implemented or is filed as a proposed administrative rule pursuant to 3 V.S.A. § 838.
33 V.S.A. § 4104 — VT Code / Title 33 / Chapter 41 / Section 4104
§ 4104. Support overpayment
Status: in_force

(a) If the Office of Child Support determines that it has received an overpayment from an employer within 30 days of the overpayment, the Office shall return the overpayment to the obligor within one working day.

(b) In cases where the Office of Child Support determines that it has received an overpayment after 30 days, it shall permit the obligor to reduce future support payments to offset the overpayment.

(c) The Office of Child Support may recover an overpayment from the obligee by deducting from future support payments if the obligee has failed to return the excess to the Registry as required under 15 V.S.A. § 786.

(d) In no case shall application of this section reduce the amount of current support paid to the obligee by more than 10 percent.
33 V.S.A. § 1301 — VT Code / Title 33 / Chapter 13 / Section 1301
§ 1301. Eligibility requirements-general
Status: in_force

To be eligible for State aid to the aged, blind, or disabled, in addition to the requirements in sections 1301-1303 of this chapter governing eligibility for a specific program, an individual shall:

(1) Be a resident of this State when the person applies.

(2) Not have made a voluntary assignment or transfer of property or income for the purpose of qualifying, nor shall the individual's spouse have made a voluntary assignment or transfer of property or income for the purpose of qualifying the individual.

(3) Be a recipient of federal Supplemental Security Income, if eligible.

(4) Not have sufficient income or other resources to provide a reasonable subsistence compatible with decency and health, and not be receiving or able to secure support from persons legally responsible for the individual's support. In determining whether the income of an applicant for or a recipient of aid is sufficient, the Department for Children and Families may disregard, within the limits of available funds, income used to further the purposes of rehabilitation and self-support.
33 V.S.A. § 3402 — VT Code / Title 33 / Chapter 34 / Section 3402
§ 3402. Definitions
Status: in_force

As used in this chapter:

(1) “Childhood adversity” means experiences that may be traumatic to children and youths during the first 18 years of life, such as experiencing violence or other emotionally disturbing exposures in their homes or communities.

(2) “Resilience” means the ability to respond to, withstand, and recover from serious hardship with coping skills and a combination of protective factors, including a strong community, family support, social connections, knowledge of parenting and child development, concrete support in times of need, and social and emotional competence of children.

(3) “Toxic stress” means strong, frequent, or prolonged experience of adversity without adequate support.

(4) “Trauma-informed” means a type of program, organization, or system that recognizes the widespread impact of trauma and potential paths for recovery; recognizes the signs and symptoms of trauma in clients, families, staff, and others involved in a system; responds by fully integrating knowledge about trauma into policies, procedures, and practices; and seeks actively to resist retraumatization and build resilience among the population served.
33 V.S.A. § 3617 — VT Code / Title 33 / Chapter 36 / Section 3617
§ 3617. Enforcement
Status: in_force

(a) Orders of the Board issued under this chapter may be enforced by any party or by the Board by filing a petition with the Civil Division of the Superior Court of Washington County or in the Civil Division of the Superior Court in the county in which the action before the Board originated. The petition shall be served on the adverse party as provided for service of process under the Vermont Rules of Civil Procedure. If, after hearing, the Court determines that the Board had jurisdiction over the matter and that a timely appeal was not filed or that an appeal was timely filed and a stay of the Board order or any part of it was not granted or that a Board order was affirmed on appeal in pertinent part by the Supreme Court, the Court shall incorporate the order of the Board as a judgment of the Court. There is no appeal from that judgment except that a judgment reversing a Board decision on jurisdiction may be appealed to the Supreme Court.

(b) Upon filing of a petition by a party or the Board, the Court may grant such temporary relief, including a restraining order, as it deems proper pending formal hearing.

(c) Orders and decisions of the Board shall apply only to the particular case under appeal, but any number of appeals presenting similar issues may be consolidated for hearing with the consent of the Board. The Board shall not modify, add to, or detract from a collective bargaining agreement by any order or decision.
33 V.S.A. § 5293 — VT Code / Title 33 / Chapter 52 / Section 5293
§ 5293. Disposition of minors adjudicated as adult offenders; separation of persons under 18 years from adults
Status: in_force

(a) Pretrial detention.

(1) A minor who is under the age of 18 who has been arrested shall not be placed in a facility for adult offenders unless a felony charge has been filed in the Criminal Division of the Superior Court or the Criminal Division of the Superior Court has exercised jurisdiction over the matter and the State's Attorney has determined that a felony charge will be filed without delay. A minor who is eligible for release under 13 V.S.A. chapter 229 shall be released.

(2)(A) A minor who is under the age of 18 who has been arrested for a misdemeanor shall immediately and without first being taken elsewhere:

(i) be released to his or her custodial parent, guardian, or custodian; or

(ii) be delivered to the Criminal Division of the Superior Court.

(B) If the minor is delivered to the Criminal Division of the Superior Court, the arresting officer shall immediately file written notice thereof with the court together with a statement of the reason for taking the minor into custody. A minor who is eligible for release under 13 V.S.A. chapter 229 shall be released. In the event that the minor is not released:

(i) the minor shall not be detained in a facility for adult offenders; and

(ii) the court shall defer to the Commissioner of Corrections concerning the facility in which the minor shall be detained.

(b) Sentencing of minor. If a minor is convicted of an offense in a court of criminal jurisdiction as an adult, the court shall sentence the minor as an adult.

(c) Placement of minors under 16. The Commissioner of Corrections shall not place a minor under the age of 16 who has been sentenced to a term of imprisonment in a correctional facility used to house adult offenders.

(d) Placement of minors over 16 convicted of felony. The Commissioner of Corrections may place in a facility for adult offenders a minor who has attained the age of 16 but is under the age of 18 who has been convicted of a felony and who has been sentenced to a term of imprisonment.

(e) Placement of minor over 16 convicted of misdemeanor. The Commissioner of Corrections shall not place in a facility for adult offenders a minor who has attained the age of 16 but is under the age of 18 who has been convicted of a misdemeanor.

(f) Transfer of minor at 18th birthday. At the 18th birthday of a minor convicted of a misdemeanor, the Commissioner may transfer the minor to a facility for adult offenders.

(g) Applicability. The provisions of this section shall apply to the commitment of minors to institutions within or outside the State of Vermont.
33 V.S.A. § 122 — VT Code / Title 33 / Chapter 1 / Section 122
§ 122. Recovery of payments
Status: in_force

(a) The amount of assistance or benefits may be changed or cancelled at any time if the Commissioner for Children and Families or the Commissioner of Vermont Health Access finds that the recipient's circumstances have changed. Upon granting assistance or benefits the Department for Children and Families or the Department of Vermont Health Access shall inform the recipient that changes in his or her circumstances must be promptly reported to the Department.

(b) When on the death of a person receiving assistance it is found that the recipient possessed income or property in excess of that reported to the Department for Children and Families or the Department of Vermont Health Access, up to double the total amount of assistance in excess of that to which the recipient was lawfully entitled may be recovered by the Commissioner for Children and Families or the Commissioner of Vermont Health Access as a preferred claim from the estate of the recipient. The Commissioner for Children and Families or the Commissioner of Vermont Health Access shall calculate the amount of the recovery by applying the legal interest rate to the amount of excess recovery paid, except that the recovery shall be capped at double the excess assistance paid.

(c) When the Commissioner for Children and Families or the Commissioner of Vermont Health Access finds that a recipient of benefits received assistance in excess of that to which the recipient was lawfully entitled, because the recipient possessed income or property in excess of Department standards, the Commissioner for Children and Families or the Commissioner of Vermont Health Access may take actions to recover the overpayment.

(d) In the event of recovery, an amount may be retained by the Commissioner for Children and Families or the Commissioner of Vermont Health Access in a special fund for use in offsetting program expenses and an amount equivalent to the pro rata share to which the United States of America is equitably entitled shall be paid promptly to the appropriate federal agency.
33 V.S.A. § 1952 — VT Code / Title 33 / Chapter 19 / Section 1952
§ 1952. General provisions
Status: in_force

(a) The Secretary of Human Services shall adopt rules necessary for the implementation of this subchapter.

(b) The Department may use not more than one percent of the assessments received under the provisions of this subchapter for necessary administrative expenses associated with this subchapter.

(c) The budget of any hospital assessed under the provisions of this subchapter that includes a nursing home, home health agency, or physician's office practice shall have its assessment based only on the hospital portion of its budget. The nursing home and home health agency components of the budget shall be assessed separately as provided for in this subchapter.

(d) No health care provider conducted, maintained, or operated by the U.S. government shall be subject to an assessment levied under the provisions of this subchapter.

(e) Each assessment imposed pursuant to this subchapter is the liability of the health care provider and no portion thereof shall be charged directly to any patient or resident, but may be treated as a cost of doing business for the purpose of determining rates and charges.

(f) If a health care provider fails to pay its assessments under this subchapter according to the schedule or a variation thereof adopted by the Commissioner, the Commissioner may, after notice and opportunity for hearing, deduct these assessment arrears and any late-payment penalties from Medicaid payments otherwise due to the provider. The deduction of these assessment arrears may be made in one or more installments on a schedule to be determined by the Commissioner.
33 V.S.A. § 7210 — VT Code / Title 33 / Chapter 71 / Section 7210
§ 7210. Limitations; authority to borrow
Status: in_force

(a) In the event that the receiver does not have sufficient funds to cover expenses needed to prevent or remove jeopardy to the residents or to pay the debts accruing to the facility, the receiver may petition the court for permission to borrow for these purposes.

(b) Notice of the receiver's petition to the court for permission to borrow must be given to the owner, the licensee, the mortgage holder, and the licensing agency.

(c) The court may, after hearing, authorize the receiver to borrow money upon specified terms of repayment and to pledge security, if necessary, if the court determines that the facility should not be closed and that the loan is reasonably necessary to prevent or remove jeopardy, or if it determines that the facility should be closed and that the expenditure is necessary to prevent or remove jeopardy to residents for the limited period of time when they are awaiting transfer.
33 V.S.A. § 1115 — VT Code / Title 33 / Chapter 11 / Section 1115
§ 1115. Obligation to fund services; good cause
Status: in_force

(a) A participant's family development plan requirement under section 1112 of this title and work requirement under section 1113 of this title shall be deferred when the case management services, training and educational services, and the family support services identified in the participant's family development plan are unavailable for reasons beyond the control of the participant, including when monies appropriated are not sufficient to provide such services.

(b) No family who has been determined to be eligible for child care services pursuant to section 3512 of this title shall be displaced from or denied receipt of such services because the requirements of this chapter result in additional participating families applying for and receiving financial assistance for such child care services.

(c) Services related to child care that are provided to two-parent families in which both parents are able-bodied and who are determined to be eligible for services pursuant to section 3512 of this title shall be paid from nonfederal funds.

(d) The Commissioner shall design the Reach Up program so that it provides access to a full array of services to participating families identified by their family development plans within the funds appropriated by the General Assembly.

(e) The Commissioner shall establish good cause rules for temporary or unexpected conditions or circumstances beyond the control of the participating parent that result in a parent's inability to participate in a Reach Up family development plan requirement, to participate in a work requirement, or to accept or retain employment.
33 V.S.A. § 5280 — VT Code / Title 33 / Chapter 52A / Section 5280
§ 5280. Commencement of youthful offender proceedings in the Family Division
Status: in_force

(a) A proceeding under this chapter shall be commenced by:

(1) the filing of a youthful offender petition by a State's Attorney; or

(2) transfer to the Family Court of a proceeding from the Criminal Division of the Superior Court as provided in section 5281 of this title.

(b) A State's Attorney may commence a proceeding in the Family Division of the Superior Court concerning a child who is alleged to have committed an offense after attaining 14 years of age but not 22 years of age that could otherwise be filed in the Criminal Division.

(c) If a State's Attorney files a petition under subdivision (a)(1) of this section, the case shall proceed as provided under subsection 5281(b) of this title.

(d)(1) Within 15 days after the commencement of a youthful offender proceeding pursuant to subsection (a) of this section, the court shall notify the youth that the youth is required to complete a risk and needs screening, which shall be conducted by the Department or by a community provider that has contracted with the Department to provide risk and needs screenings. The notice shall inform the youth that youthful offender status may be denied if the youth fails to participate in the risk and needs screening.

(2) The risk and needs screening shall be completed prior to the youthful offender status hearing held pursuant to section 5283 of this title. Unless the court extends the period for the risk and needs screening for good cause shown, the Family Division shall reject the case for youthful offender treatment if the youth does not complete the risk and needs screening within 15 days after the offer for the risk and needs screening.

(3) The Department or the community provider shall report the risk level result of the screening, the number and source of the collateral contacts made, and the recommendation for charging or other alternatives to the State's Attorney.

(4) Information related to the present alleged offense directly or indirectly derived from the risk and needs screening or other conversation with the Department or community-based provider shall not be used against the youth in the youth's criminal or juvenile case for any purpose, including impeachment or cross-examination. However, the fact of participation in risk and needs screening may be used in subsequent proceedings.

(e) The State's Attorney shall refer directly to court diversion a youth alleged to have committed any offense other than those specified in subsection 5204(a) of this title who presents a low to moderate risk to reoffend based on the results of the risk and needs screening, unless the State's Attorney states on the record at the hearing held pursuant to section 5283 of this title why a referral would not serve the ends of justice. If the court diversion program does not accept the case or if the youth fails to complete the program in a manner deemed satisfactory and timely by the provider, the youth's case shall return to the State's Attorney for charging consideration.
33 V.S.A. § 6504 — VT Code / Title 33 / Chapter 65 / Section 6504
§ 6504. Medicare beneficiary to sign statement
Status: in_force

Annually and prior to treatment, a physician may request that a Medicare beneficiary sign a statement prepared in accordance with this section to determine whether or not the beneficiary may be balance billed. The exceptions contained in subdivision 6503(1) of this title shall not apply if the physician does not request that the beneficiary sign the statement. The statement shall be prepared by the Department of Disabilities, Aging, and Independent Living, and shall incorporate the exceptions contained in subdivision 6503(1) of this title.
33 V.S.A. § 601 — VT Code / Title 33 / Chapter 6 / Section 601
§ 601. Center for the Prevention and Treatment of Sexual Abuse
Status: in_force

(a) There is established within the Agency of Human Services the Vermont Center for the Prevention and Treatment of Sexual Abuse (the Center). The Center shall be jointly overseen by the Commissioner of Corrections and the Commissioner for Children and Families.

(b) The purpose of the Center shall be to protect Vermont's citizens from sexual assault and child sexual abuse. The Center shall oversee Vermont's systematic response to sexual assault and child sexual abuse, while recognizing that many agencies, organizations, and individuals have their own independent roles and responsibilities within this system.

(c) The responsibilities of the Center shall include:

(1) coordinating sex offender treatment programs in correctional and juvenile institutions and in the community;

(2) coordinating victim and family treatment programs;

(3) providing support to sexual abuse prevention programs statewide and in local communities;

(4) providing training to recognize and prevent sexual abuse in consultation with the Department of Corrections, the Department for Children and Families, the Department of Mental Health, the Department of State's Attorneys and Sheriffs, and other agencies, organizations, and individuals as are desirable and necessary;

(5) providing a central organization for the acquisition and dissemination of information regarding best practices for the prevention of sexual violence; the treatment and supervision of adult and juvenile offenders; the provision of victims services; judicial practices conducive to public protection and the supervision of offenders; protocols for coordinated investigations of allegations of child sexual abuse; and any other information that may be beneficial in aiding Vermont's response to sexual abuse;

(6) making available an array of services to sexually abused children and their family members; and

(7) providing grants to community agencies to further the Center's purpose of protecting Vermont's citizens from sexual assault and child sexual abuse.

(d) The Commissioner of Corrections and the Commissioner for Children and Families shall be responsible for maintaining and providing staffing for the center.
33 V.S.A. § 3513 — VT Code / Title 33 / Chapter 35 / Section 3513
§ 3513. Protective and family support child care services
Status: in_force

The Division shall establish a program that subsidizes, in whole or in part, the cost of child care services provided to protective services children or to families for the purpose of preserving, rehabilitating, or reunifying such families.
33 V.S.A. § 505 — VT Code / Title 33 / Chapter 5 / Section 505
§ 505. Advisory Board
Status: in_force

(a) An advisory board to the Department is created for the purpose of advising the Commissioner with respect to programs and issues affecting older persons and persons with disabilities.

(b) The Board shall be composed of no fewer than 19 and no more than 24 members appointed by the Governor for terms of three years. Of these members, no fewer than 14 shall be individuals who are older persons or persons with disabilities, of which at least seven shall be selected for their familiarity with and interest in programs and issues affecting the interests of older persons, and seven shall be selected for their familiarity with and interest in programs and issues affecting the interests of persons with disabilities. Five members shall be selected to represent the interests of each of the five regions of the State. Persons who are paid providers of services to older persons and persons with disabilities shall not be appointed except as representatives of one of the five regions of the State or because they otherwise qualify for membership. The Advisory Board and Commissioner shall seek the advice and recommendations of paid service providers on an organized and regular basis.

(c) The Governor shall designate the chair of the Board.

(d) Members shall not be entitled to compensation but shall be reimbursed for actual and necessary expenses incurred in connection with their duties as members of the Board.

(e) A vacancy shall be filled in the manner provided for the original appointment for the unexpired portion of that term.

(f) The Board shall advise the Commissioner on matters related to the interests of older persons and persons with disabilities. It shall be guided generally by reference to the statements of objectives and policy found in the Older Americans Act and the Americans with Disabilities Act.

(g) The Board may establish committees to facilitate its work and to ensure it pays adequate and appropriate attention to the range of issues for which the Department is responsible. The Board may also create ad hoc committees to address discrete issues as they arise.

(h) The Commissioner shall ensure that the Advisory Board and its committees receive sufficient staff support to meet their responsibilities.
33 V.S.A. § 1905a — VT Code / Title 33 / Chapter 19 / Section 1905a
§ 1905a. Medicaid reimbursements to certain outpatient providers
Status: in_force

(a) To the extent permitted under federal law, the Department of Vermont Health Access shall not use provider-based billing for outpatient medical services provided at an off-campus outpatient department of a hospital as a result of the provider's transfer to or acquisition by the hospital.

(b) As used in this section, “off-campus” means a facility located more than 250 yards from the main hospital campus.
33 V.S.A. § 7108 — VT Code / Title 33 / Chapter 71 / Section 7108
§ 7108. Inspection; technical assistance
Status: in_force

(a) The licensing agency shall inspect a facility prior to issuing a license under this chapter.

(b) The licensing agency may inspect a facility any time an inspection is authorized under this chapter and any other time it considers an inspection necessary to determine if a facility is in compliance with the provisions of this chapter or the rules adopted pursuant to this chapter.

(c) Authorized inspectors shall at all times without notice have access to all such facilities.

(d) The living quarters of the manager of a facility, for purposes of this chapter, may be subject to inspection only if the inspector has reason to believe the permissible capacity of the facility has been exceeded and only for the purpose of determining if such a violation exists. The inspector shall permit the manager to accompany the inspector on such an inspection.

(e) Within the limits of resources available, the licensing agency may provide technical assistance, education, and information to facilities to assist them to come into or remain in compliance with the provisions of this chapter or the rules adopted pursuant to this chapter. The failure of the licensing agency to provide assistance under this subsection shall not relieve a facility from its duty to comply with provisions of this chapter or the rules adopted pursuant to this chapter.
33 V.S.A. § 5105 — VT Code / Title 33 / Chapter 51 / Section 5105
§ 5105. Venue and change of venue
Status: in_force

(a) Proceedings under the juvenile judicial proceedings chapters may be commenced in the county where:

(1) the child is domiciled;

(2) the acts constituting the alleged delinquency occurred; or

(3) the child is present when the proceedings commenced, if it is alleged that a child is in need of care or supervision.

(b) If a child or a parent, guardian, or custodian changes domicile during the course of a proceeding under the juvenile judicial proceedings chapters or if the petition is not brought in the county in which the child is domiciled, the court may change venue upon the motion of a party or its own motion, taking into consideration the domicile of the child and the convenience of the parties and witnesses.
33 V.S.A. § 6931 — VT Code / Title 33 / Chapter 69 / Section 6931
§ 6931. Definitions
Status: in_force

In addition to the definitions in section 6902 of this title, as used in this subchapter, “interested person” means a representative of the vulnerable adult; the Commissioner of Disabilities, Aging, and Independent Living; or the Commissioner's designee.
33 V.S.A. § 6904 — VT Code / Title 33 / Chapter 69 / Section 6904
§ 6904. Nature and content of report; to whom made
Status: in_force

A report shall be made to the Commissioner or the Commissioner's designee. To be considered a report to the Commissioner or designee, it shall contain the name and address of the reporter as well as the names and addresses of the vulnerable adult and persons responsible for the vulnerable adult's care, if known; the age of the vulnerable adult; the nature of the vulnerable adult's disability; the nature and extent of the vulnerable adult's abuse, neglect, or exploitation together with any evidence of previous abuse, neglect, or exploitation of the vulnerable adult; and any other information that the reporter believes might be helpful in establishing the cause of any injuries or reasons for the abuse, neglect, or exploitation as well as in protecting the vulnerable adult. If the reporter is in possession of documentation that establishes the alleged victim's conditions, needs, or services, that shall be included in the report. Any evidence of maltreatment shall also be cited in the report. If a report of abuse, neglect, or exploitation involves the acts or omissions of the Commissioner or employees of the Department, then such reports shall be directed to the Secretary of Human Services, who shall cause the report to be investigated by appropriate staff other than staff of the Department.
33 V.S.A. § 5315 — VT Code / Title 33 / Chapter 53 / Section 5315
§ 5315. Merits adjudication
Status: in_force

(a) At a hearing on the merits of a petition, the State shall have the burden of establishing by a preponderance of the evidence that the child is in need of care and supervision. In its discretion, the court may make findings by clear and convincing evidence.

(b) The parties may stipulate to the merits of the petition. Such stipulation shall include a stipulation as to the facts that support a finding that the child is in need of care and supervision.

(c) If the merits are contested, all parties shall have the right to present evidence on their own behalf and to examine witnesses.

(d) A merits hearing shall be conducted in accordance with the Vermont Rules of Evidence. A finding of fact made after a contested temporary care hearing based on nonhearsay evidence may be adopted by the court as a finding of fact at a contested merits hearing, provided that a witness who testified at the temporary care hearing may be recalled by any party at a contested merits hearing to supplement his or her testimony.

(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, the court shall dismiss the petition and vacate any temporary orders in connection with this proceeding. A dismissal pursuant to this subsection is a final order subject to appeal.

(g) If the court finds that the allegations made in the petition have been established based on the stipulation of the parties or on the evidence if the merits are contested, the court shall order the Department to prepare a disposition case plan not later than seven business days before a scheduled disposition hearing. An adjudication pursuant to this subsection is not a final order subject to appeal separate from the resulting disposition order.

(h) The court in its discretion and with the agreement of the parties may waive the preparation of a disposition case plan and proceed directly to disposition based on the initial case plan filed with the court pursuant to section 5314 of this title.
33 V.S.A. § 3204 — VT Code / Title 33 / Chapter 32 / Section 3204
§ 3204. Child, Youth, and Family Advocate
Status: in_force

(a) The Office shall be directed by the Child, Youth, and Family Advocate, an individual who shall be qualified by reason of education, expertise, and experience and who may have a professional degree in law, social work, public health, or a related field. The Child, Youth, and Family Advocate shall serve on a full-time basis and shall be exempt from classified service.

(b)(1) The Oversight Commission on Children, Youths, and Families established pursuant to section 3211 of this chapter shall recommend qualified applicants for the position of the Child, Youth, and Family Advocate to the Governor for consideration. Subject to confirmation by the Senate, the Governor shall appoint an Advocate within 45 days from among those applicants recommended by the Oversight Commission for a term of four years. The appointment for Advocate shall be made without regard to political affiliation and on the basis of integrity and demonstrated ability. The Advocate shall hold office until reappointed or until a successor is appointed.

(2) The Governor, upon a majority vote of the Oversight Commission, may remove the Child, Youth, and Family Advocate for cause, which includes only neglect of duty, gross misconduct, conviction of a crime, or inability to perform the responsibilities of the Office. The Speaker of the House and President Pro Tempore shall simultaneously receive notification from the Governor of the Advocate's removal. Any vacancy shall be filled by the appointment process set forth in subdivision (1) of this subsection for the remainder of the unexpired term.

(c) The Child, Youth, and Family Advocate shall appoint a Deputy Child, Youth, and Family Advocate, whose duties shall be performed at the direction of the Advocate.

(d) Upon any vacancy in the position of the Advocate, and until such time as a replacement is appointed and confirmed, the Deputy Child, Youth, and Family Advocate shall serve as the acting Child, Youth, and Family Advocate. The acting Child, Youth, and Family Advocate shall have the full responsibilities of the Advocate and shall be entitled to the same compensation as the outgoing Child, Youth, and Family Advocate.
33 V.S.A. § 7103 — VT Code / Title 33 / Chapter 71 / Section 7103
§ 7103. License
Status: in_force

(a) A person shall not operate a nursing home, assisted living residence, home for persons who are terminally ill, residential care home, or therapeutic community residence without first obtaining a license.

(b) A person shall not operate a nursing home as defined in this chapter or as defined in 18 V.S.A. chapter 46 except under the supervision of an administrator licensed in the manner provided in 18 V.S.A. chapter 46.

(c) Residents of a home for persons who are terminally ill shall receive necessary medical and nursing services, which may be provided through outside providers.
33 V.S.A. § 5206 — VT Code / Title 33 / Chapter 52 / Section 5206
§ 5206. Citation of 16- to 19-year-olds [Section 5206 effective July 1, 2027; see also section 5206 effective until July 1, 2027 set out above]
Status: in_force

(a)(1) If a child was over 16 years of age and under 19 years of age at the time the offense was alleged to have been committed and the offense is not specified in subsection (b) of this section, law enforcement shall cite the child to the Family Division of the Superior Court.

(2) If, after the child is cited to the Family Division, the State's Attorney chooses to file the charge in the Criminal Division of the Superior Court, the State's Attorney shall state in the information the reason why filing in the Criminal Division is in the interest of justice.

(b) Offenses for which a law enforcement officer is not required to cite a child to the Family Division of the Superior Court shall include:

(1) 23 V.S.A. §§ 674 (driving while license suspended or revoked), 1128 (accidents — duty to stop), and 1133 (eluding a police officer);

(2) fish and wildlife offenses that are not minor violations as defined by 10 V.S.A. § 4572; and

(3) an offense listed in subsection 5204(a) of this title.

(a)(1) If a child was over 16 years of age and under 20 years of age at the time the offense was alleged to have been committed and the offense is not specified in subsection (b) of this section, law enforcement shall cite the child to the Family Division of the Superior Court.

(2) If, after the child is cited to the Family Division, the State's Attorney chooses to file the charge in the Criminal Division of the Superior Court, the State's Attorney shall state in the information the reason why filing in the Criminal Division is in the interest of justice.

(b) Offenses for which a law enforcement officer is not required to cite a child to the Family Division of the Superior Court shall include:

(1) 23 V.S.A. §§ 674 (driving while license suspended or revoked), 1128 (accidents — duty to stop), and 1133 (eluding a police officer);

(2) fish and wildlife offenses that are not minor violations as defined by 10 V.S.A. § 4572; and

(3) an offense listed in subsection 5204(a) of this title.
33 V.S.A. § 2108 — VT Code / Title 33 / Chapter 21 / Section 2108
§ 2108. Residential weatherization for fuel assistance recipients
Status: in_force

(a) Recipients of emergency heating fuel or emergency aid for utility services, which are provided under the General Assistance Program, and any other federal fuel assistance programs, shall receive a form that they may sign to request that their names and addresses be made available as potential recipients of Home Energy Audits and Weatherization Programs.

(b) The Commissioner by rule shall specify the names of organizations eligible to receive a list of the names and addresses of persons signing the consent form established in subsection (a) of this section.
33 V.S.A. § 5272 — VT Code / Title 33 / Chapter 52 / Section 5272
§ 5272. Juvenile Justice Unit; Juvenile Justice Director
Status: in_force

(a) A Juvenile Justice Unit is created in the Family Services Division of the Department. The Unit shall be headed by a Juvenile Justice Director.

(b) The Juvenile Justice Director shall have the responsibility and authority to monitor and coordinate all State and participating regional and local programs that deal with juvenile justice issues, including prevention, education, enforcement, adjudication, and rehabilitation.

(c) The Juvenile Justice Director shall ensure that the following occur:

(1) development of a comprehensive plan for a coordinated and sustained statewide program to reduce the number of juvenile offenders, involving State, regional, and local officials in the areas of health, education, prevention, law enforcement, corrections, teen activities, and community wellness;

(2) cooperation among State, regional, and local officials; court personnel; service providers; and law enforcement agencies in the formulation and execution of a coordinated statewide juvenile justice program;

(3) cooperation among appropriate departments, including the Department; the Agency of Education; the Departments of Corrections, of Labor, of Mental Health, of Public Safety, and of Disabilities, Aging, and Independent Living; and the Department of Health's Division of Substance Use Programs;

(4) a study of issues relating to juvenile justice and development of recommendations regarding changes in law and rules, as deemed advisable; and

(5) compilation of data on issues relating to juvenile justice and analysis, study, and organization of such data for use by educators, researchers, policy advocates, administrators, legislators, and the Governor.
33 V.S.A. § 6706 — VT Code / Title 33 / Chapter 67 / Section 6706
§ 6706. Repealed. 2025, No. 23, § 21, eff. January 1, 2026.
Status: in_force

The Commissioner of Financial Regulation shall adopt rules to ensure an in-depth independent analysis by an expert, or experts, of proposed Medicare supplement insurance policy rate increases. This analysis shall be performed only when the composite average rate increase requested by insurers with 5,000 or more lives in the Vermont Medicare supplement insurance policy market exceeds three percent, or when the Commissioner finds that the proposed premium and policy changes will have a comparable adverse impact on availability or cost of coverage, or when it otherwise appears to be in the best interests of the insureds. A composite average rate is the enrollment-weighted average rate increase of all plans offered by a carrier. The independent analyst shall be made available to the public during the analysis and for the purpose of providing assistance with and testimony in connection with Medicare supplement insurance policy rate increase proposals. The cost for the analysis shall be assessed to the affected policy or certificate holders.
33 V.S.A. § 4301 — VT Code / Title 33 / Chapter 43 / Section 4301
§ 4301. Definitions
Status: in_force

As used in this chapter:

(1) “Child with a disability” means a child who either is eligible for early essential education or special education under State or federal law, or who is a child or adolescent with a severe emotional disturbance.

(2) “Coordinated service plan” means a written addendum to each service plan developed by an individual agency for a child or adolescent with severe emotional disturbances that shall be developed when the child has needs that require services from more than one agency. The coordinated services plan shall be designed to meet the needs of the child within his or her family or in an out-of-home placement, and in the school and the community. The coordinated services plan shall:

(A) be based upon an appropriate assessment of the individual needs of the child;

(B) identify service needs of the child;

(C) identify services that are currently being provided;

(D) identify public or private agencies that currently provide each needed service, and how each needed service is funded;

(E) if any service need is not being met, include an explanation of why the service is not being provided, including lack of funds or the fact that service is not available;

(F) delineate case management responsibilities;

(G) include a reintegration plan when an out-of-home placement is made or recommended; and

(H) be developed with the opportunity for participation from parents, a guardian, or a surrogate parent appointed pursuant to Pub. L. No. 94-142.

(3) “Child or adolescent with a severe emotional disturbance” means a person who:

(A) exhibits a behavioral, emotional, or social impairment that disrupts his or her academic or developmental progress or family or interpersonal relationships;

(B) has impaired functioning that has continued for at least one year or has an impairment of short duration and high severity;

(C) is under 18 years of age, or is under 22 years of age and eligible for special education under State or federal law; and

(D) falls into one or more of the following categories, whether or not he or she is diagnosed with other serious disorders such as developmental disability, severe neurological dysfunction, or sensory impairments:

(i) children and adolescents who exhibit seriously impaired contact with reality and severely impaired social, academic, and self-care functioning whose thinking is frequently confused, whose behavior may be grossly inappropriate and bizarre and whose emotional reactions are frequently inappropriate to the situation;

(ii) children and adolescents who are classified as management or conduct disordered because they manifest long-term behavior problems, including developmentally inappropriate inattention, hyperactivity, impulsiveness, aggressiveness, antisocial acts, refusal to accept limits, suicidal behavior, or substance abuse;

(iii) children and adolescents who suffer serious discomfort from anxiety, depression, irrational fears, and concerns whose symptoms may be exhibited as serious eating and sleeping disturbances, extreme sadness of suicidal proportion, maladaptive dependence on parents, persistent refusal to attend school, or avoidance of nonfamilial social contact.