33 V.S.A. § 5102 — VT Code / Title 33 / Chapter 51 / Section 5102
§ 5102. Definitions and provisions of general application
Status: in_force

As used in the juvenile judicial proceedings chapters:

(1) “Care provider” means a person other than a parent, guardian, or custodian who is providing the child with routine daily care but to whom custody rights have not been transferred by a court.

(2) “Child” means any of the following:

(A) an individual who is under 18 years of age and is a child in need of care or supervision as defined in subdivision (3)(A), (B), or (D) of this section (abandoned, abused, without proper parental care, or truant);

(B)(i) an individual who is under 18 years of age, is a child in need of care or supervision as defined in subdivision (3)(C) of this section (beyond parental control), and was under 16 years of age at the time the petition was filed; or

(ii) an individual who is between 16 and 17.5 years of age, is a child in need of care or supervision as defined in subdivision (3)(C) of this section (beyond parental control), and who is at high risk of serious harm to himself or herself or others due to problems such as substance abuse, prostitution, or homelessness; and

(C) an individual who has been alleged to have committed or has committed an act of delinquency after becoming 12 years of age and prior to becoming 22 years of age, unless otherwise provided in chapter 52 or 52A of this title; provided, however, that an individual may be considered a child for the period of time the court retains jurisdiction under section 5104 of this title.

(3) “Child in need of care or supervision (CHINS)” means a child who:

(A) Has been abandoned or abused by the child's parent, guardian, or custodian. A person is considered to have abandoned a child if the person is unwilling to have physical custody of the child; unable, unwilling, or has failed to make appropriate arrangements for the child's care; unable to have physical custody of the child and has not arranged or cannot arrange for the safe and appropriate care of the child; or has left the child with a care provider and the care provider is unwilling or unable to provide care or support for the child, the whereabouts of the person are unknown, and reasonable efforts to locate the person have been unsuccessful.

(B) Is without proper parental care or subsistence, education, medical, or other care necessary for his or her well-being.

(C) Is without or beyond the control of his or her parent, guardian, or custodian.

(D) Is habitually and without justification truant from compulsory school attendance.

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

(5) “Conditional custody order” means an order issued by the court in a juvenile proceeding conferring legal custody of a child to a parent, guardian, relative, or a person with a significant relationship with the child subject to such conditions and limitations as the court may deem necessary to provide for the safety and welfare of the child. Any conditions and limitations shall apply only to the individual to whom custody is granted.

(6) “Court” means the Family Division of the Superior Court.

(7) “Custodial parent” means a parent who, at the time of the commencement of the juvenile proceeding, has the right and responsibility to provide the routine daily care and control of the child. The rights of the custodial parent may be held solely or shared and may be subject to the court-ordered right of the other parent to have contact with the child.

(8) “Custodian” means a person other than a parent or legal guardian to whom legal custody of the child has been given by order of a Vermont Superior Court or a similar court in another jurisdiction.

(9) “Delinquent act” means an act designated a crime under the laws of this State, or of another state if the act occurred in another state, or under federal law. A delinquent act shall include a violation of 7 V.S.A. § 656; however, it shall not include:

(A) snowmobile offenses in 23 V.S.A. chapter 29, subchapter 1 and motorboat offenses in 23 V.S.A. chapter 29, subchapter 2, except for violations of sections 3207a, 3207b, 3207c, 3207d, and 3323; or

(B) pursuant to 4 V.S.A. § 33(b), felony motor vehicle offenses committed by an individual who is 16 years of age or older, except for violations of 23 V.S.A. chapter 13, subchapter 13 and of 23 V.S.A. § 1091.

(10) “Delinquent child” means a child who has been adjudicated to have committed a delinquent act.

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

(12) “Guardian” means a person who, at the time of the commencement of the juvenile judicial proceeding, has legally established rights to a child pursuant to an order of a Vermont court or a court in another jurisdiction.

(13) “Judge” means a judge of the Family Division of the Superior Court.

(14) “Juvenile judicial proceedings chapters” means this chapter and chapters 52, 52A, and 53 of this title.

(15) “Juvenile proceeding” means a proceeding in the Family Division of the Superior Court under the authority of the juvenile judicial proceedings chapters.

(16)(A) “Custody” means the legal status created by order of the court under the authority of the juvenile judicial proceedings chapters for children under 18 years of age that invests in a party to a juvenile proceeding or another person the following rights and responsibilities:

(i) the right to routine daily care and control of the child and to determine where and with whom the child shall live;

(ii) the authority to consent to major medical, psychiatric, and surgical treatment for a child;

(iii) the responsibility to protect and supervise a child and to provide the child with food, shelter, education, and ordinary medical care; and

(iv) the authority to make decisions that concern the child and are of substantial legal significance, including the authority to consent to enlistment in the U.S. Armed Forces and the authority to represent the child in legal actions.

(B) If custody of a child under 18 years of age is transferred to a person other than a parent, the rights, duties, and responsibilities so transferred are subject to the residual parental rights of the parents.

(C) Custody for individuals who are 18 years of age or older means the status created by order of the court under the authority of chapter 52 of this title that invests in the Commissioner the authority to make decisions regarding placements.

(17) “Listed crime” means the same as defined in 13 V.S.A. § 5301.

(18) “Noncustodial parent” means a parent who is not a custodial parent at the time of the commencement of the juvenile proceeding.

(19) “Officer” means a law enforcement officer, including a State Police officer, sheriff, deputy sheriff, municipal police officer, or constable who has been certified by the Criminal Justice Council pursuant to 20 V.S.A. § 2358.

(20) “Parent” means a child's biological or adoptive parent, including custodial parents; noncustodial parents; parents with legal or physical responsibilities, or both; and parents whose rights have never been adjudicated.

(21) “Parent-child contact” means the right of a parent to have visitation with the child by court order.

(22) “Party” includes the following persons:

(A) the child with respect to whom the proceedings are brought;

(B) the custodial parent, the guardian, or the custodian of the child in all instances except a hearing on the merits of a delinquency petition;

(C) the noncustodial parent for the purposes of custody, visitation, and such other issues that the court may determine are proper and necessary to the proceedings, provided that the noncustodial parent has entered an appearance;

(D) the State's Attorney;

(E) the Commissioner for Children and Families;

(F) such other persons as appear to the court to be proper and necessary to the proceedings; and

(G) in youthful offender cases brought under chapter 52A of this title, the Commissioner of Corrections.

(23) “Probation” means the legal status created by order of the Family Division of the Superior Court in proceedings involving a violation of law whereby a delinquent child is subject to supervision by the Department under conditions specified in the court's juvenile probation certificate and subject to return to and change of legal status by the Family Division of the Superior Court for violation of conditions of probation at any time during the period of probation.

(24) “Protective supervision” means the authority granted by the court to the Department in a juvenile proceeding to take reasonable steps to monitor compliance with the court's conditional custody order, including unannounced visits to the home in which the child currently resides.

(25) “Reasonable efforts” means the exercise of due diligence by the Department to use appropriate and available services to prevent unnecessary removal of the child from the home or to finalize a permanency plan. When making the reasonable efforts determination, the court may find that no services were appropriate or reasonable considering the circumstances. If the court makes written findings that aggravated circumstances are present, the court may make, but shall not be required to make, written findings as to whether reasonable efforts were made to prevent removal of the child from the home. Aggravated circumstances may exist if:

(A) a court of competent jurisdiction has determined that the parent has subjected a child to abandonment, torture, chronic abuse, or sexual abuse;

(B) a court of competent jurisdiction has determined that the parent has been convicted of murder or manslaughter of a child;

(C) a court of competent jurisdiction has determined that the parent has been convicted of a felony crime that results in serious bodily injury to the child or another child of the parent; or

(D) the parental rights of the parent with respect to a sibling have been involuntarily terminated.

(26) “Residual parental rights and responsibilities” means those rights and responsibilities remaining with the parent after the transfer of legal custody of the child, including the right to reasonable contact with the child, the responsibility for support, and the right to consent to adoption.

(27) “Shelter” means a shelter designated by the Commissioner where a child taken into custody pursuant to subdivision 5301(3) of this title may be held for a period not to exceed seven days.

(28) “Victim” shall have the same meaning as in 13 V.S.A. § 5301(4).

(29) “Youth” shall mean a person who is the subject of a motion for youthful offender status or who has been granted youthful offender status.
33 V.S.A. § 6704 — VT Code / Title 33 / Chapter 67 / Section 6704
§ 6704. Charges
Status: in_force

Dual eligible individuals shall not be charged for services provided under this chapter.
33 V.S.A. § 3613 — VT Code / Title 33 / Chapter 36 / Section 3613
§ 3613. Antitrust exemption
Status: in_force

The activities of early care and education providers and their exclusive representatives that are necessary for the exercise of their rights under this chapter shall be afforded State action immunity under applicable federal and State antitrust laws. The State intends that the “State action” exemption to federal antitrust laws be available only to the State, to early care and education providers, and to their exclusive representative in connection with these necessary activities. Exempt activities shall be actively supervised by the State.
33 V.S.A. § 5112 — VT Code / Title 33 / Chapter 51 / Section 5112
§ 5112. Attorney and guardian ad litem for child
Status: in_force

(a) The court shall appoint an attorney for a child who is a party to a proceeding brought under the juvenile judicial proceedings chapters.

(b) The court shall appoint a guardian ad litem for a child under 18 years of age who is a party to a proceeding brought under the juvenile judicial proceedings chapters. In a delinquency proceeding, a parent, guardian, or custodian of the child may serve as a guardian ad litem for the child, provided that the interests of the parent, guardian, or custodian of the child do not conflict with the interests of the child. The guardian ad litem appointed under this section shall not be a party to that proceeding or an employee or representative of such party.
33 V.S.A. § 6308 — VT Code / Title 33 / Chapter 63 / Section 6308
§ 6308. Complaint process
Status: in_force

The Commissioner shall establish by rule standards and procedures ensuring that each designated home health agency has in place sufficient minimum grievance procedures allowing recipients of home health services, their family members, and employees of a home health agency to file complaints about access to or the cost or quality of home health services, or about other matters related to the operations of the home health agency. In addition, the rules shall ensure that the Department of Disabilities, Aging, and Independent Living establishes and maintains an external complaint process for clients, their family members, and employees of a home health agency, including a toll-free telephone line dedicated to receiving consumer complaints.
33 V.S.A. § 4302 — VT Code / Title 33 / Chapter 43 / Section 4302
§ 4302. State interagency team
Status: in_force

(a) A State interagency team is created and shall consist of eight members:

(1) The Director of the division responsible for special education for the Agency of Education.

(2) The Agency of Education's consultant for children and adolescents with a severe emotional disturbance.

(3) The Director of the division responsible for children's mental health for the Department of Mental Health.

(4) The Chief of the Children, Adolescents, and Family Unit in the Division of Children's Mental Health Services for the Department of Mental Health.

(5) The Deputy Commissioner for the Family Services Division of the Department for Children and Families.

(6) The placement consultant for the Family Services Division of the Department for Children and Families.

(7) A representative of the Secretary of Human Services.

(8) A parent of a child or adolescent with a severe emotional disturbance. The parent shall receive compensation in accordance with the provisions of 32 V.S.A. § 1010, and the compensation shall be paid for by the Agency of Human Services.

(b) The State interagency team shall have the following powers and duties:

(1) Submit an annual report to the Commissioners of Mental Health and for Children and Families and the Secretary of Education on the status of programs for children and adolescents with a severe emotional disturbance, which shall include a system of care plan. The system of care plan shall identify the characteristics and number of children and adolescents with a severe emotional disturbance in need of services, describe the educational, residential, mental health, or other services needed, describe the programs and resources currently available, recommend a plan to meet the needs of such children and adolescents, and recommend priorities for the continuation or development of programs and resources.

(2) Develop and coordinate the provision of services to children and adolescents with a severe emotional disturbance.

(3) Make recommendations to the local interagency team for resolution of any case of a child or adolescent with a severe emotional disturbance referred by a local interagency team under subsection 4303(f) of this chapter.

(4) Recommend to the Secretaries of Human Services and of Education and the Commissioners of Mental Health and for Children and Families any fiscal, policy, or programmatic change at the local, regional, or State level necessary to enhance the State's system of care for children and adolescents with a severe emotional disturbance and their families.
33 V.S.A. § 5923 — VT Code / Title 33 / Chapter 59 / Section 5923
§ 5923. Commissioner for Children and Families [Contingently repealed; effective until contingency met]
Status: in_force

As used in subsection (a) of Article V of the Interstate Compact on the Placement of Children, the phrase “appropriate authority in the receiving state” with reference to this State shall mean the Commissioner for Children and Families.

The officers and agencies of this State having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to the Interstate Compact for the Placement of Children. Any such agreement that contains a financial commitment or imposes a financial obligation on this State or agency thereof shall not be binding unless it has the approval in writing of the Secretary of Administration. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 3505 — VT Code / Title 33 / Chapter 35 / Section 3505
§ 3505. Supplemental child care grants
Status: in_force

(a)(1)(A) The Commissioner for Children and Families may utilize up to one-half of one percent of funds appropriated for the Child Care Financial Assistance Program in a fiscal year for extraordinary financial relief to assist child care programs that are at risk of closing or not opening due to experiencing financial hardship. The Commissioner may provide extraordinary financial relief under this subdivision (A) to both licensed and registered child care programs and to child care programs that are in the process of becoming licensed or registered. The Commissioner shall develop guidelines for providing assistance and shall prioritize extraordinary financial relief to child care programs in areas of the State with high poverty and low access to high-quality child care.

(B) In order to transition children who are currently served by a child care program that is closing to a new child care program in an orderly fashion, the Commissioner may provide assistance to the existing or new program to minimize the disruption of services to the affected children.

(C) As needed to implement this subdivision (1), the Commissioner has the authority to request tax returns and other financial documents to verify a child care program's financial hardship and its ability to sustain or increase operations.

(2) Annually on or before January 15, the Commissioner shall report to the Senate Committee on Health and Welfare and to the House Committee on Human Services regarding any funds distributed pursuant to subdivision (1) of this subsection. Specifically, the report shall address how funds were distributed and used. It shall also address results related to any distribution of funds.

(b) In instances in which extraordinary financial relief will not maintain ongoing access to high-quality child care, the Department for Children and Families may provide additional support to ensure access to high-quality, comprehensive child care that meets the needs of working parents in high-poverty areas of Vermont. Licensed child care programs may be considered for this additional financial support to help ensure ongoing access to high-quality child care in areas of the State where none exists, as determined by the Commissioner. Financial assistance may be granted, at the discretion of the Commissioner, if the child care program meets the following criteria:

(1) provides full-day child care year-round;

(2) serves infants and toddlers;

(3) is located in a high-poverty area without access to public transportation, as determined by the Commissioner;

(4) maintains a 5 star rating in the STep Ahead Recognition System (STARS) program;

(5) maintains a caseload in which at least 80 percent of enrollees receive a 100 percent child care subsidy; and

(6) receives child care subsidies as its primary source of program revenue.
33 V.S.A. § 5201 — VT Code / Title 33 / Chapter 52 / Section 5201
§ 5201. Commencement of delinquency proceedings
Status: repealed

(a) Proceedings under this chapter shall be commenced by:

(1) transfer to the court of a proceeding from another court as provided in section 5203 of this title; or

(2) the filing of a delinquency petition by a State's Attorney.

(b) If the proceeding is commenced by transfer from another court, no petition need be filed; however, the State's Attorney shall provide to the court the name and address of the child's custodial parent, guardian, or custodian and the name and address of any noncustodial parent if known.

(c)(1) Any proceeding concerning a child who is alleged to have committed an act specified in subsection 5204(a) of this title after attaining 14 years of age, but not 22 years of age, shall originate in the Criminal Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter and chapter 52A of this title, unless the State's Attorney files the charge directly as a youthful offender petition in the Family Division.

(2)(A) Any proceeding concerning a child who is alleged to have committed one of the following acts after attaining 14 years of age, but not 22 years of age, shall originate in the Criminal Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter and chapter 52A of this title, unless the State's Attorney files the charge directly as a youthful offender petition in the Family Division:

(i) a violation of a condition of release as defined in 13 V.S.A. § 7559 imposed by the Criminal Division for any of the offenses listed in subsection 5204(a) of this title; or

(ii) a violation of a condition of release as defined in 13 V.S.A. § 7559 imposed by the Criminal Division for an offense that was transferred from the Family Division pursuant to section 5204 of this title.

(B) This subdivision (2) shall not apply to a proceeding that is the subject of a final order accepting the case for youthful offender treatment pursuant to subsection 5281(d) of this title.

(3) Any proceeding concerning a child who is alleged to have committed one of the following acts after attaining 16 years of age, but not 22 years of age, shall originate in the Criminal Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter and chapter 52A of this title, unless the State's Attorney files the charge directly as a youthful offender petition in the Family Division:

(A) using a firearm while committing a felony in violation of 13 V.S.A. § 4005, or an attempt to commit that offense;

(B) trafficking a regulated drug in violation of 18 V.S.A. chapter 84, subchapter 1, or an attempt to commit that offense; or

(C) aggravated stalking as defined in 13 V.S.A. § 1063(a)(3), or an attempt to commit that offense.

[Subsection (d) effective until July 1, 2027; see also subsection (d) effective July 1, 2027, set out below.]

(d) Any proceeding concerning a child who is alleged to have committed any offense other than those specified in subsection 5204(a) of this title or subdivision (c)(2) or (3) of this section before attaining 19 years of age shall originate in the Family Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter.

[Subsection (d) effective July 1, 2027; see also subsection (d) effective until July 1, 2027, set out above.]

(d) Any proceeding concerning a child who is alleged to have committed any offense other than those specified in subsection 5204(a) of this title or subdivision (c)(2) or (3) of this section before attaining 20 years of age shall originate in the Family Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter.

(e) [Repealed.]

(f) If the State requests that custody of the child be transferred to the Department, a temporary care hearing shall be held as provided in subchapter 3 of this chapter.

(g) A petition may be withdrawn by the State's Attorney at any time prior to the hearing thereon, in which event the child shall be returned to the custodial parent, guardian, or custodian; the proceedings under this chapter terminated; and all files and documents relating thereto sealed under section 5119 of this title.
33 V.S.A. § 3607 — VT Code / Title 33 / Chapter 36 / Section 3607
§ 3607. Petitions for election; filing; investigations; hearings; determinations
Status: in_force

(a) A petition may be filed with the Board in accordance with rules prescribed by the Board:

(1) By an early care and education provider or group of providers or any individual or labor organization acting on the providers' behalf:

(A) alleging that not less than 30 percent of the providers in the petitioned bargaining unit wish to be represented for collective bargaining and that the State declines to recognize their representative as the representative defined in this chapter; or

(B) asserting that the labor organization that has been certified as the bargaining representative no longer represents a majority of early care and education providers.

(2) By the State alleging that one or more individuals or labor organizations have presented a claim to be recognized as the exclusive representative defined in this chapter.

(b) The Board shall investigate the petition and, if it has reasonable cause to believe that a question concerning representation exists, shall conduct a hearing. The hearing shall be held before the Board, a member of the Board, or its agents appointed for that purpose upon due notice. Written notice of the hearing shall be mailed by certified mail to the parties named in the petition not less than seven days before the hearing. If the Board finds upon the record of the hearing that a question of representation exists, it shall conduct an election by secret ballot and certify to the parties, in writing, the results of the election.

(c) In determining whether or not a question of representation exists, the Board shall apply the same rules of decision making regardless of the identity of the persons filing the petition or the kind of relief sought.

(d) Nothing in this chapter prohibits the waiving of hearings by stipulation for a consent election in conformity with rules of the Board.

(e) For the purposes of this chapter, the State may voluntarily recognize the exclusive representative of a unit of early care and education providers if the labor organization demonstrates that it has the support of a majority of the providers in the unit it seeks to represent and no other employee organization seeks to represent the providers.
33 V.S.A. § 102 — VT Code / Title 33 / Chapter 1 / Section 102
§ 102. Definitions and construction
Status: repealed

(a) As used in this chapter:

(1) “Aid” means financial assistance.

(2) “Assistance,” when not modified by an adjective, means general assistance or public assistance, or both.

(3) “Benefits” means aid or commodities furnished under chapter 17 of this title.

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

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

(6) “Federal department” or “federal agency” means a department or agency of the United States of America.

(7) “Guardian” means a legal guardian appointed by a Probate Division of the Superior Court or by a court in a divorce or other proceeding or action.

(8) “Public assistance” means aid provided by the Department under Title IV, XVI, or XIX of the Social Security Act.

(9) “Regulation” means a rule or regulation.

(10) [Repealed.]

(11) “Social Security Act” means the federal Social Security Act and regulations promulgated under the Act, as amended at any time.

(b) The laws relating to the Department for Children and Families and its programs shall be construed liberally to carry out the policies stated in this chapter.
33 V.S.A. § 5232 — VT Code / Title 33 / Chapter 52 / Section 5232
§ 5232. Disposition order
Status: in_force

(a) If a child is found to be a delinquent child, the court shall make such orders at disposition as may provide for:

(1) the child's supervision, care, and rehabilitation;

(2) the protection of the community;

(3) accountability to victims and the community for offenses committed; and

(4) the development of competencies to enable the child to become a responsible and productive member of the community.

(b) In carrying out the purposes outlined in subsection (a) of this section, the court may:

(1) Place the child on probation subject to the supervision of the Commissioner, upon such conditions as the court may prescribe. The length of probation shall be as prescribed by the court or until further order of the court.

(2) Order custody of the child be given to the custodial parent, guardian, or custodian. For a fixed period of time following disposition, the court may order that custody be subject to such conditions and limitations as the court may deem necessary and sufficient to provide for the safety of the child and the community. Conditions may include protective supervision for up to six months following the disposition order unless further extended by court order. The court shall hold review hearings pursuant to section 5320 of this title to determine whether the conditions continue to be necessary.

(3) Transfer custody of the child to a noncustodial parent, relative, or person with a significant connection to the child. The court may order that custody be subject to such conditions and limitations as the court may deem necessary and sufficient to provide for the safety of the child and community, including protective supervision, for up to six months unless further extended by court order. The court shall hold review hearings pursuant to section 5320 of this title to determine whether the conditions continue to be necessary.

(4) Transfer custody of the child to the Commissioner.

(5) Terminate parental rights and transfer custody and guardianship to the Department without limitation as to adoption.

(6) Issue an order of permanent guardianship pursuant to 14 V.S.A. § 2664.

(7) Refer a child directly to a youth-appropriate community-based provider that has been approved by the Department, which may include a community justice center or a balanced and restorative justice program. Referral to a community-based provider pursuant to this subdivision shall not require the court to place the child on probation. If the community-based provider does not accept the case or if the child fails to complete the program in a manner deemed satisfactory and timely by the provider, the child shall return to the court for disposition.

(c) If the court orders the transfer of custody of the child pursuant to subdivisions (b)(4) and (5) of this section, the court shall establish a permanency goal for the child and adopt a case plan prepared by the Department designed to achieve the permanency goal. If the court determines that the plan proposed by the Department does not adequately support the permanency goal for the child, the court may reject the plan proposed by the Department and order the Department to prepare and submit a revised plan for court approval.
33 V.S.A. § 5252 — VT Code / Title 33 / Chapter 52 / Section 5252
§ 5252. Request for emergency care order
Status: in_force

(a) If an officer takes a child who is alleged to be delinquent into custody, the officer shall immediately notify the child's custodial parent, guardian, or custodian and release the child to the care of child's custodial parent, guardian, or custodian unless the officer determines that the child's immediate welfare or the protection of the community, or both, require the child's continued removal from the home.

(b) If the officer determines that the child's immediate welfare, the protection of the community, or both, require the child's continued removal from the home, the officer shall:

(1) Take the child into custody pending either issuance of an emergency care order or direction from the State's Attorney to release the child.

(2) Prepare an affidavit in support of a request for an emergency care order. The affidavit shall include the reasons for taking the child into custody and, if known, placements with which the child is familiar; the names, addresses, and telephone numbers of the child's parents, guardians, or custodians; and the name, address, and telephone number of any relative who has indicated an interest in taking temporary custody of the child. The officer shall contact the Department, and, if the Department has knowledge of the reasons for the removal of the child, the Department may prepare an affidavit as a supplement to the affidavit of the law enforcement officer.

(3) Provide the affidavit to the State's Attorney.

(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 Family Division of the Superior 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. § 5315a — VT Code / Title 33 / Chapter 53 / Section 5315a
§ 5315a. Merits stipulation
Status: in_force

(a) At any time after the filing of the CHINS petition and prior to an order of adjudication on the merits, the court may approve a written stipulation to the merits of the petition and any or all elements of the disposition plan, including the permanency goal, placement, visitation, or services.

(b) The court may approve a written stipulation if:

(1) the parties to the petition, as defined in subdivision 5102(22) of this title, agree to the terms of the stipulation; and

(2) the court determines that:

(A) the agreement between the parties is voluntary;

(B) the parties to the agreement understand the nature of the allegation; and

(C) the parties to the agreement understand the rights waived if the court approves of and issues an order based upon the stipulation.
33 V.S.A. § 2078 — VT Code / Title 33 / Chapter 19 / Section 2078
§ 2078. Education and outreach
Status: in_force

The Department of Disabilities, Aging, and Independent Living shall conduct ongoing education and outreach to inform Vermonters who are elders and Vermonters with disabilities of the benefits they may be entitled to pursuant to this subchapter, make available information concerning pharmaceutical assistance programs, and minimize any confusion and duplication of pharmaceutical coverage resulting from a multiplicity of pharmaceutical programs.
33 V.S.A. § 7208 — VT Code / Title 33 / Chapter 71 / Section 7208
§ 7208. Limitations; corrections of conditions
Status: in_force

(a)(1) Except as provided in subsection (b) of this section, if the total cost of correcting conditions that constituted grounds for the receivership and violations of State rules and federal regulations governing the operation of the facility or of other health and safety issues exceeds $5,000.00, the receiver shall notify the mortgage holder, licensee, and owner of the conditions needing correcting and the estimated amount needed to correct the condition.

(2) The mortgage holder, owner, or licensee shall have five days from the date of mailing of the notice to apply to the court to determine the reasonableness of the expenditure by the receiver.

(3) If the mortgage holder, owner, or licensee files a motion objecting to the corrections, the receiver shall not correct the conditions until ordered by the court.

(b) If the condition constitutes a situation; physical condition; or a practice, method, or operation that presents imminent danger of death or serious physical or mental harm to residents and the estimate of the total cost of the correction exceeds $10,000.00, the receiver shall notify the mortgage holder, owner, and licensee who may object to the court as provided in subsection (a) of this section. The receiver may proceed with the corrections pending a hearing and order of the court.
33 V.S.A. § 1914 — VT Code / Title 33 / Chapter 19 / Section 1914
§ 1914. Requirements
Status: in_force

(a) Any tobacco product manufacturer selling cigarettes to consumers within the State (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) after May 12, 2000 shall do one of the following:

(1) become a participating manufacturer (as that term is defined in Section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settlement Agreement; or

(2) place into a qualified escrow fund by April 15 of the year following the year in question, the following amounts (as such amounts are adjusted for inflation):

(A) 2000: $0.0104712 per unit sold after May 12, 2000;

(B) for each year, 2001 and 2002: $0.0136125 per unit sold;

(C) for each year, 2003 through 2006: $0.0167539 per unit sold;

(D) for 2007 and each year thereafter: $0.0188482 per unit sold.

(b) A tobacco product manufacturer that places funds in escrow under subdivision (a)(2) of this section shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances:

(1) to pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the State or any releasing party located or residing in the State. Funds shall be released from escrow under this subdivision in the order in which they were placed into escrow and only to the extent and at the time necessary to make payments required under such judgment or settlement;

(2) to the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the State in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX(i) of that Agreement, including after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or

(3) to the extent not released from escrow under subdivision (1) or (2) of this subsection, funds shall be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow.

(c) Each tobacco product manufacturer that elects to place funds into escrow under subdivision (a)(2) of this section shall annually certify to the Attorney General of this State that it is in compliance with this section. The Attorney General may bring a civil action on behalf of the State against any tobacco product manufacturer that fails to place into escrow the funds required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section shall:

(1) Be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a violation of subdivision (a)(2) or subsection (b) of this section, may impose a civil penalty, payable to the General Fund of the State, in an amount not to exceed five percent of the amount improperly withheld from escrow per day of the violation, and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow.

(2) In the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a knowing violation of subdivision (a)(2) or subsection (b) of this section, may impose a civil penalty to be paid to the General Fund of the State in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation, and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow.

(3) In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the State whether directly or through a distributor, retailer, or similar intermediary for a period not to exceed two years.

(4) Pay the reasonable attorney's fees and costs of the Attorney General in bringing an action under this section.

(d) Each failure to make an annual deposit required under this section shall constitute a separate violation.
33 V.S.A. § 4605 — VT Code / Title 33 / Chapter 46 / Section 4605
§ 4605. Technical assistance; accountability
Status: in_force

In order to ensure the successful implementation of expanded child care, prekindergarten, and afterschool and summer care, Building Bright Futures shall be responsible for monitoring accountability, supporting stakeholders in collectively defining and measuring success, maximizing stakeholder engagement, and providing technical assistance to build capacity for the Department for Children and Families' Child Development Division and the Agency of Education. Specifically, Building Bright Futures shall:

(1) ensure accountability through monitoring transitions over time and submitting a report with the results of this work on January 15 of each year to the House Committee on Human Services and to the Senate Committee on Health and Welfare; and

(2) define and measure success of expanded child care, prekindergarten, and afterschool and summer care related to process, implementation, and outcomes using a continuous quality improvement framework and engage public, private, legislative, and family partners to develop benchmarks pertaining to:

(A) equitable access to high-quality child care;

(B) equitable access to high-quality prekindergarten;

(C) equitable access to high-quality afterschool and summer care;

(D) stability of the early child care education workforce;

(E) workforce capacity and needs of the child care, prekindergarten, afterschool and summer care systems; and

(F) the impact of expanded child care, prekindergarten, and afterschool and summer care on a mixed-delivery system.
33 V.S.A. § 1992 — VT Code / Title 33 / Chapter 19 / Section 1992
§ 1992. Medicaid coverage for adult dental services
Status: in_force

(a) Vermont Medicaid shall provide coverage for medically necessary dental services provided by a dentist, dental therapist, or dental hygienist working within the scope of the provider's license as follows:

(1) Preventive services, including prophylaxis and fluoride treatment, with no co-payment. These services shall not be counted toward the annual maximum benefit amount set forth in subdivision (2) of this subsection.

(2)(A) Diagnostic, restorative, and endodontic procedures, to a maximum of $1,500.00 per calendar year, provided that the Department of Vermont Health Access may adjust the maximum pursuant to the process outlined in subdivision (B) of this subdivision (2) and may approve expenditures in excess of that amount when exceptional medical circumstances so require. Exceptional medical circumstances include emergency dental services, as defined by the Department by rule.

(B) The Department may set the maximum for coverage of diagnostic, restorative, and endodontic procedures in excess of the amount set forth in subdivision (A) of this subdivision (2) for a calendar year based on the Department's annual assessment of available funds, provided that the Department submit a report to the House Committee on Health Care, the Senate Committee on Health and Welfare, and the House and Senate Committees on Appropriations, or to the Joint Fiscal Committee if the General Assembly is not in session, each time the Department adjusts the maximum.

(C) The following individuals shall not be subject to the annual maximum benefit amount set forth in this subdivision (2):

(i) individuals served through the Community Rehabilitation and Treatment and Developmental Disability Services programs pursuant to Vermont's Global Commitment to Health Section 1115 demonstration; and

(ii) Medicaid beneficiaries who are pregnant or in the postpartum eligibility period, as defined by the Department by rule.

(3) Other dental services as determined by the Department by rule.

(b) The Department of Vermont Health Access shall develop a reimbursement structure for dental services in the Vermont Medicaid program that encourages dentists, dental therapists, and dental hygienists to provide preventive care.
33 V.S.A. § 5234 — VT Code / Title 33 / Chapter 52 / Section 5234
§ 5234. Rights of victims in delinquency proceedings involving a listed crime
Status: repealed

(a) The victim in a delinquency proceeding involving a listed crime shall have the following rights:

(1) To be notified by the prosecutor's office in a timely manner of the following:

(A) when a delinquency petition has been filed, the name of the child and any conditions of release initially ordered for the child or modified by the court, unless otherwise limited by court order;

(B) the victim's rights as provided by law, information regarding how a case proceeds through a delinquency proceeding, the confidential nature of delinquency proceedings, and that it is unlawful to disclose confidential information concerning the proceedings to another person;

(C) when a predispositional or dispositional court proceeding is scheduled to take place and when a court proceeding of which the victim has been notified will not take place as scheduled; and

(D) whether delinquency has been found and disposition has occurred, and any conditions of release or conditions of probation and any restitution, unless otherwise limited by court order.

(2) To file with the court a written or recorded statement of the impact of the delinquent act on the victim and the need for restitution.

(3) To be present during all court proceedings subject to the provisions of Rule 615 of the Vermont Rules of Evidence; to attend the disposition hearing to present a victim impact statement and to express reasonably the victim's views concerning the offense and the youth, including testimony in support of the victim's claim for restitution pursuant to section 5235 of this title; to be notified as to the disposition, including probation; and to submit oral or written statements to the court at such other times as the court may allow. The court shall consider the victim's statement when ordering disposition.

(4) To be notified by the agency having custody of the delinquent child before the child is released into the community from a secure or staff-secured residential facility. The name of the facility shall not be disclosed. An agency's inability to give notification shall not preclude the release. However, in such an event, the agency shall take reasonable steps to give notification of the release as soon thereafter as practicable. Notification efforts shall be deemed reasonable if the agency attempts to contact the victim at the address or telephone number provided to the agency in the request for notification.

(5) To have the court take the victim's views into consideration in the court's disposition order. If the victim is not present, the court shall consider whether the victim has expressed, either orally or in writing, views regarding disposition and shall take those views into account when ordering disposition.

(6) [Repealed.]

(b) The prosecutor's office shall keep the victim informed and consult with the victim through the delinquency proceedings.
33 V.S.A. § 4105 — VT Code / Title 33 / Chapter 41 / Section 4105
§ 4105. Access to information; disclosure and confidentiality
Status: in_force

(a) The Office of Child Support may subpoena from any person or business any information needed to establish, modify, or enforce a child support or parental rights and responsibilities order. The subpoena shall be signed by the Director of the Office of Child Support or a designee of the Office of Child Support. It shall be attached to an affidavit that certifies that the person about whom information is sought is the parent of a child based on either a court order or a statutory presumption, that the Office of Child Support has been requested to provide financial information under section 4102 of this title, and that the information sought is needed to establish, modify, or enforce a child support or parental rights and responsibilities order or to determine if such action is necessary.

(b) The Office of Child Support may request any information needed to establish, modify, or enforce a child support or parental rights and responsibilities order or to locate any person alleged to be a parent owing a duty of support from the records of all governmental officials, departments, and other governmental agencies of this State without a subpoena. The officials and employees of the departments and other agencies shall provide all such information requested. Only information directly bearing on the identity and whereabouts of parents or alleged parents or their assets or income may be requested, used, or transmitted by the Office of Child Support under this section. Any information provided by the Department of Taxes shall include information about assets held by or income attributable to the parent jointly with any other person.

(c) Except as otherwise provided in this chapter, 15 V.S.A. chapter 11, and Title 15B, information furnished the Office of Child Support shall be made available only to the person requesting services or to the person's attorney, the person to whom the information relates, and the Family Division of the Superior Court. Any other use of the information shall be prohibited. A person who violates this subsection shall be fined not more than $500.00. Any individual aggrieved by a violation of this section may bring an action for civil damages, including punitive damages, equitable relief, including restraint of prohibited acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney's fees, and other appropriate relief.

(d) Any person objecting to a subpoena may request an administrative review of its issuance by the Office of Child Support or may request that the subpoena be modified or vacated pursuant to 3 V.S.A. § 809b. A request for review under this subsection shall be brought in the Family Division of the Superior Court. Failure to comply with a subpoena may result in enforcement pursuant to 3 V.S.A. § 809a.

(e) A public utility company as defined in 30 V.S.A. § 201(1), or a cable television company as defined in 30 V.S.A. § 501, when requested by the Office of Child Support, shall provide the address as it appears in its customer records of a parent or person named in the request.
33 V.S.A. § 5230 — VT Code / Title 33 / Chapter 52 / Section 5230
§ 5230. Disposition case plan
Status: in_force

(a) Filing of case plan. Following the finding by the court that a child is delinquent, the Department shall file a disposition case plan not later than seven business days before the scheduled disposition hearing. The disposition case plan shall not be used or referred to as evidence prior to a finding that a child is delinquent.

(b) Content of case plan. A disposition case plan shall include, as appropriate:

(1) An assessment of the child's medical, psychological, social, educational, and vocational needs.

(2) An assessment of the impact of the delinquent act on the victim and the community, including, whenever possible, a statement from the victim.

(3) A description of the child's home, school, community, and current living situation.

(4) An assessment of the child's and family's strengths and risk factors.

(5) Proposed conditions of probation that address the identified risks and provide for, to the extent possible, repair of the harm to victims and the community. Proposed conditions may include a recommendation as to the term of probation.

(6) The plan of services shall describe the responsibilities of the child; the parent, guardian, or custodian; the Department; other family members; and treatment providers, including a description of the services required to achieve successful completion of the goals of probation and, if the child has been placed in the custody of the Department, the permanency goal.

(c) Case plan for child in custody. If a child is in the custody of the Commissioner at the time of disposition or if a transfer of custody is requested, the case plan shall include the following additional information:

(1) A permanency goal if the child is in custody. The long-term goal for a child found to be delinquent and placed in the custody of the Department is a safe and permanent home. A disposition case plan shall include a permanency goal and an estimated date for achieving the permanency goal. The plan shall specify whether permanency will be achieved through reunification with a parent, custodian, or guardian; adoption; permanent guardianship; or other permanent placement. In addition to a primary permanency goal, the plan may identify a concurrent permanency goal.

(2) A recommendation with respect to custody for the child and a recommendation for parent-child contact if appropriate.

(3) A request for child support if the child has been placed in the custody of the Department or the Department recommends a transfer of custody.

(d) Psychosexual evaluation. For purposes of determining appropriate conditions of probation for a disposition case plan under this section, the court may order a psychosexual evaluation if clinically indicated for a child charged with:

(1) lewd and lascivious conduct in violation of 13 V.S.A. § 2601;

(2) lewd and lascivious conduct with a child in violation of 13 V.S.A. § 2602;

(3) sexual assault in violation of 13 V.S.A. § 3252;

(4) aggravated sexual assault in violation of 13 V.S.A. § 3253;

(5) aggravated sexual assault of a child in violation of 13 V.S.A. § 3253a;

(6) kidnapping with intent to commit sexual assault in violation of 13 V.S.A. § 2405(a)(1)(D); or

(7) an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64.
33 V.S.A. § 1924 — VT Code / Title 33 / Chapter 19 / Section 1924
§ 1924. Miscellaneous provisions
Status: in_force

(a) The first report of stamping agents required by section 1921 of this title shall be due 30 days after the effective date of this subchapter; the initial certification of a tobacco product manufacturer required by section 1917 of this title shall be due 45 days after the effective date of this subchapter; and the directory described in section 1918 of this title shall be published or made available within 120 days after the effective date of this subchapter.

(b) Both the Attorney General and the Commissioner may adopt rules necessary to effect the purposes of this subchapter.

(c) In any action brought by the State to enforce the provisions of this subchapter, the State shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney's fees.

(d) If a court of competent jurisdiction finds that the provisions of this subchapter and subchapter 1A of this chapter conflict and cannot be harmonized, then such provisions of subchapter 1A shall control. If any section, subsection, subdivision, sentence, or phrase of this subchapter causes subchapter 1A of this chapter to no longer constitute a qualifying act or model statute, as those terms are defined in the Master Settlement Agreement, then that portion of this subchapter shall not apply. If any section, subsection, subdivision, sentence, or phrase of this subchapter is for any reason held to be invalid, unlawful, or unconstitutional, such decision shall not affect the validity of the remaining portions of this subchapter or any part thereof.
33 V.S.A. § 1905 — VT Code / Title 33 / Chapter 19 / Section 1905
§ 1905. Disproportionate share program
Status: in_force

The Secretary of Human Services shall adopt a disproportionate share program for hospitals consistent with the requirements of Title XIX of the Social Security Act.
33 V.S.A. § 908 — VT Code / Title 33 / Chapter 9 / Section 908
§ 908. Powers and duties
Status: in_force

(a) Each nursing home or other provider shall file with the Division, on request, such data, statistics, schedules, or information as the Division may require to enable it to carry out its function. Information received from a nursing home under this section shall be available to the public, except that the specific salary and wage rates of employees, other than the salary of an administrator, shall not be disclosed unless disclosure is required under 1 V.S.A. § 317(b).

(b) The Division shall have the power to examine books and accounts of any nursing home or other provider caring for State-assisted persons, to subpoena witnesses and documents, to administer oaths to witnesses, and to examine them on all matters of which the Division has jurisdiction.

(c) The Secretary shall adopt all rules necessary for the implementation of this chapter.
33 V.S.A. § 3309 — VT Code / Title 33 / Chapter 33 / Section 3309
§ 3309. Compliance with the Juvenile Justice and Delinquency Prevention Act
Status: in_force

The Department for Children and Families, within the Agency of Human Services, is the State agency designated for supervising the preparation and administration of the Juvenile Justice and Delinquency Prevention Act State Plan and is also designated as the State agency responsible for monitoring and data collection for purposes of compliance with the Juvenile Justice and Delinquency Prevention Act.
33 V.S.A. § 5915 — VT Code / Title 33 / Chapter 59 / Section 5915
§ 5915. Withdrawal and dissolution [Contingently enacted]
Status: in_force

(a) Withdrawal.

(1) Once effective, the Compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the Compact specifically repealing the statute that enacted the Compact into law.

(2) Withdrawal from this Compact shall be by the enactment of a statute repealing the same. The effective date of withdrawal shall be the effective date of the repeal of the statute.

(3) The withdrawing state shall immediately notify the president of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the withdrawing state. The Interstate Commission shall then notify the other member states of the withdrawing state's intent to withdraw.

(4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal.

(5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the members of the Interstate Commission.

(b) Dissolution of Compact.

(1) This Compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the Compact to one member state.

(2) Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 5269 — VT Code / Title 33 / Chapter 52 / Section 5269
§ 5269. Disposition alternatives upon violation of conditions of probation
Status: in_force

If a violation of conditions of probation is established, the court may, in its discretion, modify the conditions of probation or order any of the disposition alternatives provided for in section 5232 of this title.
33 V.S.A. § 3608 — VT Code / Title 33 / Chapter 36 / Section 3608
§ 3608. Election; runoff elections
Status: in_force

(a) If a question of representation exists, the Board shall conduct a secret ballot election to determine the exclusive representative of the unit of early care and education providers. The original ballot shall be prepared to permit a vote against representation by anyone named on the ballot. The labor organization receiving a majority of votes cast shall be certified by the Board as the exclusive representative of the unit of early care and education providers. In any election in which there are three or more choices, including the choice of “no union,” and none of the choices on the ballot receives a majority, a runoff election shall be conducted by the Board. The ballot shall provide for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election.

(b) An election shall not be directed if in the preceding 12 months a valid election has been held.
33 V.S.A. § 6961 — VT Code / Title 33 / Chapter 69 / Section 6961
§ 6961. Vermont Vulnerable Adult Fatality Review Team established
Status: in_force

(a) Creation. There is created a Vermont Vulnerable Adult Fatality Review Team (Team) within the Office of the Attorney General for the following purposes:

(1) to examine select cases of abuse- and neglect-related fatalities and preventable deaths of vulnerable adults in Vermont;

(2) to identify system gaps and risk factors associated with those deaths;

(3) to educate the public, service providers, and policymakers about abuse- and neglect-related fatalities and preventable deaths of vulnerable adults and strategies for intervention; and

(4) to recommend legislation, rules, policies, procedures, practices, training, and coordination of services to promote interagency collaboration and prevent future abuse- and neglect-related fatalities.

(b) Membership.

(1) The Team shall comprise the following members:

(A) the Attorney General or designee;

(B) the Commissioner of Disabilities, Aging, and Independent Living or designee;

(C) the Commissioner of Public Safety or designee;

(D) the Chief Medical Examiner or designee;

(E) the Assistant Director for Adult Protective Services in the Department of Disabilities, Aging, and Independent Living or designee;

(F) the Adult Services Division Director in the Department of Disabilities, Aging, and Independent Living or designee;

(G) the Director of the Vermont Office of Emergency Medical Services and Injury Prevention or designee;

(H) the State Long-Term Care Ombudsman;

(I) a representative of victim services, appointed by the Executive Director of the Vermont Center for Crime Victim Services;

(J) the Director of the Center on Aging at the University of Vermont, or a gerontologist or geriatrician appointed by the Director;

(K) the Director of Disability Rights Vermont or designee;

(L) a hospital representative, appointed by the Vermont Association of Hospitals and Health Systems;

(M) a long-term care facility representative, appointed by the Vermont Health Care Association; and

(N) a home health agency representative, appointed jointly by the Vermont Association of Home Health Agencies and designated home health agencies that are not members of the Vermont Association of Home Health Agencies.

(2) The members of the Team specified in subdivision (1) of this subsection shall serve two-year terms. Any vacancy on the Team shall be filled in the same manner as the original appointment. The replacement member shall serve for the remainder of the unexpired term.

(c) Meetings.

(1) The Attorney General or designee shall call the first meeting of the Team to occur on or before September 30, 2016.

(2) The Team shall select a chair and vice chair from among its members at the first meeting and annually thereafter. The Vice Chair shall also serve as Secretary.

(3) The Team shall meet at such times as may reasonably be necessary to carry out its duties, but at least once in each calendar quarter.
33 V.S.A. § 3701 — VT Code / Title 33 / Chapter 37 / Section 3701
§ 3701. Parent Child Center Network; eligibility
Status: in_force

(a) As used in this chapter:

(1) “Concrete supports” means community services and resources to address the immediate needs of the family or contribute to the long-term well-being of the family, or both.

(2) “Parent child center” means a community-based organization established for the purpose of providing prevention and early intervention through the core services listed in subsection (d) of this section on behalf of the State.

(3) “Parent Child Center Network” or “Network” means an Agency of Human Services' community partner composed of authorized parent child centers that ensures accountability and collaboration among authorized parent child centers.

(4) “Secretary” means the Secretary of Human Services or designee.

(b)(1) The Secretary shall authorize a parent child center in accordance with this chapter.

(2) The Secretary shall conduct a reauthorization review of each authorized parent child center at least every six years.

(3) The Parent Child Center Network may recommend to the Secretary one or more new parent child centers for authorization. Upon receipt of the Network's recommendations, the Secretary shall review each parent child center recommended for authorization to ensure it meets the criteria set forth in subsection (c) of this section. A parent child center recommended by the Network and determined to meet the criteria in subsection (c) of this section by the Secretary may be deemed an authorized parent child center.

(c) In order to be eligible for authorization pursuant to subsection (b) of this section, a parent child center shall:

(1) Receive some funding from one or more private, local, or federal source. Contributions in kind, whether material, commodities, transportation, or office space, may be used to satisfy the contribution requirement of this subdivision.

(2) Qualify for tax exempt status under the provisions of Section 501(c) of the Internal Revenue Code.

(3) Have a board of directors:

(A) whose membership reflects the growing diversity of Vermont's children and families, including individuals who are Black, Indigenous, and Persons of Color, as well as with regard to socioeconomic status, geographic location, gender, sexual identity, and disability status; and

(B) that has parent representation.

(4) Represent a designated geographic catchment area.

(5) Complete a peer review every three years, which shall be conducted by the Parent Child Center Network.

(6) Provide each of the eight core services set forth in subsection (d) of this section.

(7) Indicate an intention to participate in the Parent Child Center Network as a member.

(8) Work to achieve population-level quality-of-life outcomes related to children and families pursuant to 3 V.S.A. § 2311.

(9) Have an advisory committee that meets regularly and provides input, guidance, and feedback to the board of directors on programs and services provided by the parent child center.

(d) An authorized parent child center shall provide, either directly or indirectly through formal community partnerships, the following eight core services:

(1) home visits;

(2) early childhood services;

(3) parent education;

(4) playgroups;

(5) parent support groups;

(6) concrete supports;

(7) community development; and

(8) resources and referrals.
33 V.S.A. § 1958 — VT Code / Title 33 / Chapter 19 / Section 1958
§ 1958. Appeals
Status: in_force

(a) Any health care provider may submit a written request to the Department for reconsideration of the determination of the assessment within 20 days of notice of the determination. The request shall be accompanied by written materials setting forth the basis for reconsideration. If requested, the Department shall hold a hearing within 90 days from the date on which the reconsideration request was received. The Department shall mail written notice of the date, time, and place of the hearing to the health care provider at least 30 days before the date of the hearing. On the basis of the evidence submitted to the Department or presented at the hearing, the Department shall reconsider and may adjust the assessment. Within 20 days following the hearing, the Department shall provide notice in writing to the health care provider of the final determination of the amount it is required to pay based on any adjustments made by it. Proceedings under this section are not subject to the requirements of 3 V.S.A. chapter 25.

(b) Upon request, the Commissioner shall enter into nonbinding arbitration with any health care provider dissatisfied with the Department's decision regarding the amount it is required to pay. The arbitrator shall be selected by mutual consent, and compensation shall be provided jointly.

(c) Any health care provider may appeal the decision of the Department as to the amount it is required to pay either before or after arbitration, to the Superior Court having jurisdiction over the health care provider.
33 V.S.A. § 143 — VT Code / Title 33 / Chapter 1 / Section 143
§ 143. General penalty
Status: in_force

(a) A person who knowingly violates a provision of this title for which no penalty is specifically provided shall:

(1) if the assistance or benefits obtained pursuant to a single fraudulent scheme or a course of conduct are in violation of subsection 141(a) or (b) of this title involving $1,000.00 or less, be fined not more than the amount of assistance or benefits wrongfully obtained or be imprisoned not more than one year, or both;

(2) if the assistance or benefits obtained pursuant to a single fraudulent scheme or course of conduct are in violation of subsection (a) or (b) of section 141 of this title and involve more than $1,000.00, be fined not more than an amount equal to the assistance or benefits wrongfully obtained or be imprisoned not more than three years, or both; or

(3) if the violation is under subsection (c), (d), or (e) of section 141 of this title, be fined up to $1,000.00 or up to an amount equal to twice the amount of assistance, benefits, or payments wrongfully obtained, or be imprisoned for not more than 10 years, or both.

(b) If the person convicted is receiving assistance, benefits, or payments, the Commissioner for Children and Families or the Commissioner of Vermont Health Access may recoup the amount of assistance or benefits wrongfully obtained by reducing the assistance, benefits, or payments periodically paid to the recipient, as limited by federal law, until the amount is fully recovered.

(c) If a provider of services is convicted of a violation of subsection 141(d) or (e) of this title, the Commissioner of Vermont Health Access shall, within 90 days of the conviction, suspend the provider from further participation in the medical assistance program administered under Title XIX of the Social Security Act for a period of four years. The suspension required by this subsection may be waived by the Secretary of Human Services only upon a finding that the recipients served by the convicted provider would suffer substantial hardship through a denial of medical services that could not reasonably be obtained through another provider.
33 V.S.A. § 6962 — VT Code / Title 33 / Chapter 69 / Section 6962
§ 6962. Powers and duties; reports
Status: in_force

(a) The Team shall develop and implement policies to ensure that it uses uniform procedures to review the deaths of vulnerable adults in Vermont.

(b)(1) The Team may review the death of any person who meets the definition of a vulnerable adult in subdivision 6902(14) of this title and:

(A) who was the subject of an adult protective services investigation; or

(B) whose death came under the jurisdiction of, or was investigated by, the Office of the Chief Medical Examiner.

(2) The Team shall not initiate the review of the death of a vulnerable adult until the conclusion of any active adult protective services or law enforcement investigation, criminal prosecution, or civil action.

(3) The review shall not impose unreasonable burdens on health care providers for production of information, records, or other materials. The Team shall first seek to obtain information, records, and other materials from State agencies or that were generated in the course of an investigation by the Adult Protective Services Division, the Office of the Chief Medical Examiner, or law enforcement.

(4) The Team shall establish criteria for selecting specific fatalities for review to ensure the analysis of fatalities occurring in both institutional and home- and community-based settings.

(c)(1) Beginning in 2018, the Team shall submit an annual report to the General Assembly on or before January 15.

(2) The annual report shall:

(A) summarize the Team's activities for the preceding year;

(B) identify any changes to the Team's uniform procedures;

(C) identify system gaps and risk factors associated with deaths reviewed by the Team;

(D) recommend changes in statute, rule, policy, procedure, practice, training, or coordination of services that would decrease the number of preventable deaths in Vermont's vulnerable adult population; and

(E) assess the effectiveness of the Team's activities.
33 V.S.A. § 6305 — VT Code / Title 33 / Chapter 63 / Section 6305
§ 6305. Review of access, cost, and quality issues; remediation process
Status: in_force

(a) The Commissioner shall exercise such duties and responsibilities as shall be necessary for the implementation of this subchapter and for the active, ongoing supervision of the activities of the home health agencies under this subchapter.

(b) In a form and manner and at intervals prescribed by the Commissioner, the Commissioner shall collect and analyze data regarding access to and the cost and quality of home health services in Vermont. The data shall include information on complaints, waiting lists, numbers of individuals ineligible for services, numbers of individuals eligible for but not provided services, numbers of patients served under 65 years of age and 65 years of age and over, total number of visits and hours provided to patients by each of the existing home health agencies; the results of patient surveys conducted by the home health agencies; data pertaining to federal and State surveys; scoring by any national accrediting organization; charitable and subsidized programs and services for uninsured individuals or individuals with low income in their respective communities; copies of audited financial statements and annual cost reports; and any other quality measures or data deemed relevant by the Commissioner to monitor and evaluate access to and the cost and quality of home health services by the designated home health agencies.

(c) The Commissioner shall consider the data collected under subsection (b) of this section in undertaking active, ongoing supervision to monitor performance of the designated home health agencies with respect to access, cost, and quality of home health services.

(d) If the Commissioner determines that a home health agency has failed to comply with any performance standards established by the Commissioner related to access, cost, or quality issues in any area of the State, or has violated a rule or provision of this subchapter, the Commissioner may investigate and enforce the provisions of this subchapter pursuant to the authority and procedures conferred upon the Commissioner under chapter 71 of this title as if the home health agency were a nursing home, except that the Commissioner shall adopt by rule penalties specific to home health agencies.
33 V.S.A. § 6307 — VT Code / Title 33 / Chapter 63 / Section 6307
§ 6307. Contracts with nondesignated agencies
Status: in_force

The Commissioner may enter into agreements with home health agencies or with any public or private agency for the purpose of establishing specialized home health services needed but not available from the designated home health agencies.
33 V.S.A. § 2104 — VT Code / Title 33 / Chapter 21 / Section 2104
§ 2104. Application or information
Status: in_force

(a) A person may apply for General Assistance to the person or persons designated for that purpose by the Commissioner.

(b) When a person designated by the Commissioner pursuant to subsection (a) of this section receives an application for General Assistance or is informed that a person is in need of General Assistance the person so designated shall investigate and make a determination as to the applicant's eligibility for General Assistance, and provide under rules of the Department emergency assistance as may be required.
33 V.S.A. § 3618 — VT Code / Title 33 / Chapter 36 / Section 3618
§ 3618. Automatic membership dues deduction
Status: in_force

Early care and education providers who are members of the labor organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an early care and education provider, the State shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the subsidies paid to the early care and education provider the amount of membership dues certified by the labor organization. The State shall transmit the amount withheld to the labor organization on the same day as the subsidies are paid to the early care and education provider. Nothing in this section shall be construed to require a member of a labor organization to participate in automatic dues deduction.
33 V.S.A. § 5308 — VT Code / Title 33 / Chapter 53 / Section 5308
§ 5308. Temporary care order
Status: in_force

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

(1) A return of legal custody could result in substantial danger to the physical health, mental health, welfare, or safety of the child.

(2) The child or another child residing in the same household has been physically or sexually abused by a custodial parent, guardian, or custodian, or by a member of the child's household, or another person known to the custodial parent, guardian, or custodian.

(3) The child or another child residing in the same household is at substantial risk of physical or sexual abuse by a custodial parent, guardian, or custodian, or by a member of the child's household, or another person known to the custodial parent, guardian, or custodian. It shall constitute prima facie evidence that a child is at substantial risk of being physically or sexually abused if:

(A) a custodial parent, guardian, or custodian receives actual notice that a person has committed or is alleged to have committed physical or sexual abuse against a child; and

(B) a custodial parent, guardian, or custodian knowingly or recklessly allows the child to be in the physical presence of the alleged abuser after receiving such notice.

(4) The custodial parent, guardian, or custodian has abandoned the child.

(5) The child or another child in the same household has been neglected and there is substantial risk of harm to the child who is the subject of the petition.

(b) Upon a finding that a return home would be contrary to the best interests of the child, the court may issue such temporary orders related to the legal custody of the child as it deems necessary and sufficient to protect the welfare and safety of the child, including:

(1) a conditional custody order returning or granting legal custody of the child to the custodial parent, guardian, custodian, noncustodial parent, relative, or a person with a significant relationship with the child, subject to such conditions and limitations as the court may deem necessary and sufficient;

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

(3) an order transferring temporary legal custody of the child to a person with a significant relationship with the child; or

(4) an order transferring temporary legal custody of the child to the Commissioner.

(c) The court shall consider orders and findings from other proceedings relating to the custody of the child, the child's siblings, or children of any adult in the same household as the child.

(d) In considering an order under subsection (b) of this section, the court may order the Department to conduct an investigation of a person seeking custody of the child, and the suitability of that person's home, and file a written report of its findings with the court. The court may place the child in the temporary custody of the Commissioner, pending such investigation.

(e) If the court transfers legal custody of the child, the court shall issue a written temporary care order.

(1) The order shall include:

(A) A finding that remaining in the home is contrary to the best interests of the child and the facts upon which that finding is based.

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

(2) The order may include other provisions as may be in the best interests of the child, including:

(A) establishing parent-child contact and terms and conditions for that contact;

(B) requiring the Department to provide the child with services, if legal custody of the child has been transferred to the Commissioner;

(C) requiring the Department to refer a parent for appropriate assessments and services, including a consideration of the needs of children and parents with disabilities, provided that the child's needs are given primary consideration;

(D) requiring genetic testing if parentage of the child is at issue;

(E) requiring the Department to make diligent efforts to locate the noncustodial parent;

(F) requiring the custodial parent to provide the Department with names of all potential noncustodial parents and relatives of the child; and

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

(3) In his or her discretion, the Commissioner may provide assistance and services to children and families to the extent that funds permit, notwithstanding subdivision (2)(B) of this subsection.
33 V.S.A. § 3612 — VT Code / Title 33 / Chapter 36 / Section 3612
§ 3612. General duties and prohibited conduct
Status: in_force

(a) The State and all early care and education providers and their representatives shall exert every reasonable effort to make and maintain agreements concerning matters allowable under this chapter and to settle all disputes, whether arising out of the application of those agreements or growing out of any disputes concerning those agreements. However, this obligation does not compel either party to agree to a proposal or make a concession.

(b) It shall be an unfair labor practice for the State to:

(1) interfere with, restrain, or coerce early care and education providers in the exercise of their rights under this chapter or by any other law, rule, or regulation;

(2) dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it;

(3) discriminate against an early care and education provider because of the provider's affiliation with a labor organization or because a provider has filed charges or complaints or has given testimony under this chapter;

(4) discriminate against an early care and education provider because the provider has taken actions such as signing a petition, grievance, or affidavit that demonstrates the provider's support for a labor organization;

(5) refuse to bargain collectively in good faith with the exclusive representative;

(6) discriminate against an early care and education provider based on race, color, religion, ancestry, age, sex, sexual orientation, gender identity, national origin, place of birth, or marital status, or against a qualified disabled individual; or

(7) request or require an early care and education provider to have an HIV-related blood test or discriminate against a provider on the basis of HIV status of the provider.

(c) It shall be an unfair labor practice for the exclusive representative to:

(1) Restrain or coerce early care and education providers in the exercise of the rights guaranteed to them under this chapter or by law, rule, or regulation. However, a labor organization may prescribe its own rules with respect to the acquisition or retention of membership, provided such rules are not discriminatory.

(2) Cause or attempt to cause the State to discriminate against an early care and education provider or to discriminate against a provider.

(3) Refuse to bargain collectively in good faith with the State.

(4) Threaten to or cause a provider to strike or curtail the provider's services in recognition of a picket line of any employee or labor organization.

(d) Early care and education providers shall not strike or curtail their services for which they receive State payment in recognition of a picket line of any employee or labor organization.

(e) Complaints related to this section shall be made and resolved in accordance with procedures set forth in 3 V.S.A. § 965.
33 V.S.A. § 4305 — VT Code / Title 33 / Chapter 43 / Section 4305
§ 4305. Coordinated system of care
Status: in_force

(a)(1) Services provided by or through the Departments of Mental Health and for Children and Families and the Agency of Education to children and adolescents with a severe emotional disturbance shall be pursuant to a coordinated services plan, developed in accordance with the provisions of this chapter.

(2) Nothing in the provisions of this chapter shall be construed to grant an entitlement to any child or adolescent with a severe emotional disturbance to receive any educational, residential, mental health, or other service until and unless the General Assembly further provides that such children and adolescents or any subgroup thereof are so entitled.

(b)(1) The State Board of Education, the Department of Mental Health, and the Department for Children and Families shall jointly adopt rules implementing the provisions of this chapter. Such rules shall:

(A) provide guidelines for local interagency teams for development of procedures, with public participation, relating to:

(i) referral, assessment, development, annual review, and revision of coordinated service plans, and time frames for these activities;

(ii) fixing responsibility for case management; and

(iii) notice to parents and guardians and other agencies;

(B) protect the rights of children and adolescents and their parents and guardians concerning consent and confidentiality; and

(C) ensure that matters unresolved after State interagency team review are subject to procedures for notice, hearing, and decisions of contested cases consistent with the provisions of 3 V.S.A. chapter 25.

(2) Local interagency teams shall submit procedures developed in accordance with the rules adopted under subdivision (1)(A) of this subsection to the Advisory Board for review and comment. Thereafter, the proposed procedures shall be submitted to the Secretary and the Commissioners, who shall approve the procedures if all the elements specified in subdivision (1)(A) of this subsection are satisfied.

(c) The Commissioners of Mental Health and for Children and Families and the Secretary of Education shall jointly submit to the General Assembly a report on the status of programs for children and adolescents with a severe emotional disturbance and their families, which shall include a system of care plan. The report shall be submitted together with the general appropriation bill provided for by 32 V.S.A. § 701. The system of care plan shall:

(1) identify the characteristics and number of children and adolescents with a severe emotional disturbance in need of appropriate services, describe the educational, residential, mental health or other treatment services needed, describe currently available programs and resources, recommend a plan to meet the needs of such children, recommend priorities for the continuation or development of programs and resources, and make an assessment of the success of such programs; and

(2) provide information as available on the extent to which children and adolescents with a severe emotional disturbance have not received services, the characteristics and number of those children and adolescents who have not received services and recommendations on how to address their identified needs.

(d) Nothing contained in this chapter shall be construed to diminish the rights of children with disabilities, their parents, guardians, or surrogate parents under federal or State law, including confidentiality, consent for services and evaluation, and parental involvement.

(e) Nothing contained in this chapter shall entitle children and adolescents with a severe emotional disturbance to special education services unless they are otherwise eligible for such services under State or federal law.

(f) Except as otherwise provided in chapters 51, 52, and 53 of this title, the receipt of appropriate services for a child or adolescent with a severe emotional disturbance or the child or adolescent's family, including an out-of-home placement, shall not be conditioned on placement of the child or adolescent in the legal custody, protective supervision, or protection of the Department for Children and Families.
33 V.S.A. § 2602 — VT Code / Title 33 / Chapter 26 / Section 2602
§ 2602. Administration
Status: repealed

(a) The Agency of Human Services shall administer the Home Heating Fuel Assistance Program through an Office of Home Heating Fuel Assistance to be assigned within the Agency as determined by the Secretary and to be headed by a Director appointed by the Secretary.

(b) The Secretary of Human Services shall adopt rules, pursuant to 3 V.S.A. chapter 25, necessary for the implementation of this chapter, or pursuant to any applicable federal laws or regulations.

(c) The Secretary shall engage in cost-effective purchasing practices to maximize the purchasing power of public funds used in connection with the Home Heating Fuel Assistance Program. Such practices shall include preseason purchases of fuel, fixed price agreements, automatic fuel delivery, and negotiations with fuel suppliers on behalf of Program beneficiaries for additional fuel price discounts. The practices authorized by this subsection shall be used in connection with all applicable fuels purchased by Program beneficiaries. The Secretary shall make available to Program recipients the list of fuel suppliers who have agreed to provide fuel discounts.

(d) [Repealed.]
33 V.S.A. § 3902 — VT Code / Title 33 / Chapter 39 / Section 3902
§ 3902. Assignment of support rights by public assistance recipients; proceedings to establish support obligation
Status: in_force

(a) As a condition of eligibility for public assistance, each applicant or recipient shall assign to the Department any right to support from a responsible parent that has accrued at the time of the assignment and that the applicant may have in the applicant's own behalf or on behalf of any other family member for whom the applicant is applying or receiving assistance.

(b) An assignment in effect under this section shall be subject to the provisions of section 4106 of this title.

(c) Whenever a support obligation is in effect against a responsible parent for the benefit of a dependent child or a custodial parent, payments required under the support obligation shall be sent to the Office of Child Support upon notice to the responsible parent, without further order of the court. When an assignment is in effect pursuant to subsection (a) of this section, any amounts accrued under the support obligation as of the date of assignment, and any amount accruing while the assignment is in effect, shall be owing to and payable to the Department for Children and Families without further order of the court.

(d) An order of the court shall be effective on behalf of the assignee while any assignment is in effect, and on behalf of the dependent child and the custodial parent at all other times. The Office of Child Support shall, unless otherwise requested by the parent, act as agent for the parent and child to collect any amounts due from the responsible parent pursuant to the order after the assignment terminates and may, if required by the Social Security Act, deduct any costs incurred in collection.

(e) If a support order has been entered and the legal custodian and obligee relinquishes physical responsibility of the child to a caretaker without modifying the physical rights and responsibilities order, the Office of Child Support may change the payee of support upon the caretaker's receipt of Reach Up family assistance from the Department for Children and Families. The obligor's obligation under the support order to pay child support and medical support continues but shall be payable to the Office of Child Support upon the caretaker's receipt of Reach Up family assistance and shall continue so long as the assignment is in effect. The Office of Child Support shall notify the obligor and obligee under the support order, by first-class mail at last known address, of the change of payee.
33 V.S.A. § 3531 — VT Code / Title 33 / Chapter 35 / Section 3531
§ 3531. Child care GÇô Building Bright Futures Fund
Status: in_force

(a) An early childhood services financing program is established to facilitate the development and expansion of early childhood service programs in the State. This financing program shall be administered by the Department for Children and Families.

(b) The “Building Bright Futures Fund,” referred to in this section as “the Fund,” is hereby created for this purpose to be administered by the Commissioner for Children and Families. Subject to approvals required by 32 V.S.A. § 5, the Fund may accept gifts and donations from any source, and the Commissioner may take appropriate actions to encourage contributions and designations to the Fund, including publicizing explanations of the purposes of the Fund and the uses to which the Fund has been or will be applied.

(c) The Commissioner shall disburse the proceeds of this fund in accordance with the plan developed by the Building Bright Futures Council per subdivision 4603(3) of this title and all applicable administrative bulletins.
33 V.S.A. § 2032 — VT Code / Title 33 / Chapter 19 / Section 2032
§ 2032. Role of Department of Vermont Health Access
Status: in_force

(a) The Department of Vermont Health Access shall provide the Clinical Utilization Review Board with data support to enable the Board to conduct reviews.

(b) The Department's Program Integrity Unit shall inform the Board of practices the Unit has identified through its reviews in order to avoid duplication of efforts.

(c) The Department shall provide members of the Board with per diem compensation.

(d) The Department shall have the final authority to evaluate and implement the Board's recommendations.

(e) The Department shall conduct comprehensive evaluations of the Board's success in improving clinical and utilization results using claims data and a survey of health care professional satisfaction. The Department shall report annually by January 15 to the House Committee on Health Care and the Senate Committee on Health and Welfare regarding the results of the most recent evaluation or evaluations and a summary of the Board's activities and recommendations since the last report. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(f) The Department shall adopt rules pursuant to 3 V.S.A. chapter 25 as needed to implement specific recommendations.
33 V.S.A. § 1922 — VT Code / Title 33 / Chapter 19 / Section 1922
§ 1922. Quarterly escrow deposits
Status: in_force

To promote compliance with the provisions of this subchapter, the Attorney General may adopt rules requiring a nonparticipating manufacturer to make the escrow deposits required by subchapter 1A of this chapter in quarterly installments during the year in which the sales covered by such deposits are made.
33 V.S.A. § 1911 — VT Code / Title 33 / Chapter 19 / Section 1911
§ 1911. Tobacco manufacturers; liability for Medicaid expenditures
Status: in_force

(a) After the State has paid medical assistance benefits to eligible persons for tobacco-related health conditions under this chapter, the State may recover from tobacco manufacturers the amount paid or likely to be paid for medical assistance to such persons, plus punitive damages, costs, reasonable attorney's fees, and other appropriate relief.

(b) The cause of action created in this section shall be a direct cause of action and not a subrogated cause of action. Affirmative defenses relating to subrogated causes of action shall not apply to this direct cause of action.

(c) In order to recover under subsection (a) of this section, the State shall prove:

(1) that the tobacco manufacturers were either negligent or produced a defective product unreasonably dangerous to the user or consumer who received or will receive medical assistance;

(2) that the tobacco product caused the health conditions for which the State seeks reimbursement; and

(3) the amount of compensatory damages and the appropriateness of any other relief sought.

(d) The right of the State to bring a cause of action against a tobacco manufacturer under this section shall be independent of and not construed to affect any rights or causes of action by an individual Medicaid benefits recipient to recover damages or other relief as a result of a tobacco-related health condition. In the event that recovery of Medicaid expenditures has been achieved and the individual recipient thereafter recovers damages from a tobacco manufacturer, then the tobacco manufacturer shall be entitled to a setoff for the amount of any such Medicaid recovery which represents the expenditure on behalf of the individual recipient.

(e) Existing common law and statutory actions available to recover Medicaid expenditures from a tobacco manufacturer, including direct action, are expressly preserved. An action brought pursuant to this section may be brought in addition to any existing common law or statutory action, or both, and shall not preempt, limit, or extinguish those actions.

(f) In any action brought pursuant to this section:

(1) Joint and several liability applies to any judgment in favor of the State, except as provided in subdivision (2) of this subsection.

(2) The State may proceed under the market share theory for allocation of damages between or among tobacco manufacturers, provided that the tobacco products involved are substantially interchangeable among brands, and substantially similar factual and legal issues are involved in seeking recovery against each individual tobacco manufacturer. In the event the State elects to proceed under the market share theory, joint and several liability shall not apply.

(3) Sums paid to all recipients may be recovered in a single action.

(4) If the number of recipients is sufficiently large so that it is impracticable to identify the recipients, the court may require the State to release information on individual recipients including individual Medicaid and medical records that are in the possession, custody, or control of the State, to the extent necessary for the defendant to establish its defenses, subject to such orders as are necessary to maintain the privacy of the recipients and to prevent Medicaid fraud.

(5) Evidence of statistical analysis may be admissible to prove or rebut the elements of subdivisions (c)(2) and (3) of this section.

(g) Before the State enters into a contract with an attorney to represent the State in an action brought pursuant to this section, the contract shall be reviewed and approved by the Joint Fiscal Committee. The Joint Fiscal Committee shall approve the contract if it determines that the contract is reasonable under the circumstances.
33 V.S.A. § 6909 — VT Code / Title 33 / Chapter 69 / Section 6909
§ 6909. Retaliatory action by employer prohibited
Status: in_force

No employer or supervisor may discharge; demote; transfer; reduce pay, benefits, or work privileges; prepare a negative work performance evaluation; or take any other action detrimental to any employee who files a good faith report in accordance with the provisions of this chapter, by reason of the report. Any person making a report under this chapter shall have a civil cause of action for appropriate compensatory and punitive damages against any person who causes detrimental changes in the employment status of the reporting party by reason of making a report. Nothing in this section grants immunity to a person reporting the person's own perpetration of maltreatment.
33 V.S.A. § 3203 — VT Code / Title 33 / Chapter 32 / Section 3203
§ 3203. Duties and authority
Status: in_force

(a) The Office shall:

(1) work in collaboration with relevant parties to strengthen services for children, youths, and families;

(2) analyze and monitor the development and implementation of federal, State, and local laws; regulations; and policies relating to child, youth, and family welfare and recommend changes when appropriate;

(3) review complaints concerning the actions of the Department and of any entity that provides services to children, youths, and families through funds provided by the Department; make appropriate referrals; and respond to those complaints where the Advocate determines that a child, youth, or family may be in need of assistance from the Office;

(4) support children, youths, and families by providing information about service recipients' rights and responsibilities;

(5) provide systemic information concerning child, youth, and family welfare to the public, the Governor, State agencies, legislators, and others, as necessary; and

(6) notwithstanding 2 V.S.A. § 20(d), submit to the General Assembly and the Governor on or before December 1 of each year a report addressing services provided by the Department, including:

(A) the conditions of placements for Vermont's children and youths;

(B) findings related to services for and assistance to children, youths, and families within the child protection and juvenile justice systems;

(C) recommendations related to improving services for children, youths, and families; and

(D) data disaggregated by race, ethnicity, gender, geographic location, disability status, and any other categories that the Advocate deems necessary.

(b) The Office may:

(1) review current systems to assess to what extent children and youths placed in the custody of the Department or who are receiving services under the supervision of the Department receive humane and dignified treatment at all times, including consideration by the Advocate as to what extent the system protects and enhances the child's or youth's personal dignity, right to privacy, and right to appropriate health care and education in accordance with State and federal law;

(2) address any challenges accessing information or records that are necessary for carrying out the provisions of this chapter; and

(3) as part of its annual report pursuant to subdivision (a)(6) of this section, include findings and recommendations related to other services provided to children, youths, and families.
33 V.S.A. § 5320 — VT Code / Title 33 / Chapter 53 / Section 5320
§ 5320. Postdisposition review hearing
Status: in_force

The court shall hold a review hearing within 60 days of the date of the disposition order for the purpose of monitoring progress under the disposition case plan and reviewing parent-child contact. Notice of the review shall be provided to all parties. A foster parent, preadoptive parent, relative caregiver, or any custodian of the child shall be provided with notice of any post disposition review hearings and an opportunity to be heard at the hearings. Nothing in this section shall be construed as affording such person party status in the proceeding. This section shall not apply to cases where full custody has been returned to one or both parents unconditionally at disposition, or cases where the court has created a permanent guardianship at disposition. The Department shall, and any other party or caregiver may, prepare a written report to the court regarding progress under the plan of services specified in the disposition case plan.
33 V.S.A. § 3502 — VT Code / Title 33 / Chapter 35 / Section 3502
§ 3502. Child care facilities; school age care in public schools; 21st Century Fund
Status: repealed

(a) Unless exempted under subsection (b) of this section, a person shall not operate a child care facility without a license or operate a family child care home without registration from the Department.

(b) The following persons are exempted from the provisions of subsection (a) of this section:

(1) a person providing care for children of not more than two families other than that of the person providing the care;

(2) a hospital or establishment holding a license issued by the Department of Health or a person operating a program primarily for recreational or therapeutic purposes, unless the hospital, establishment, or person provides services for the care, protection, and supervision of children not incidental to its primary purpose, in which case subsection (a) of this section shall apply to those nonincidental additional services;

(3) child care facilities operated by religious organizations for the care and supervision of children during or in connection with religious services or church sponsored activities;

(4) [Repealed.]

(5) an after-school program that serves students in one or more grades from kindergarten through secondary school, that receives funding through the 21st Century Community Learning Centers program, and that is overseen by the Agency of Education, unless the after-school program asks to participate in the child care subsidy program.

(c) A person who has a license to operate a child care facility shall not operate a family child care home. A person who operates a registered family child care home shall not operate a child care facility.

(d)(1) Rules pertaining to child care facilities and family child care homes shall be designed to ensure that children in child care facilities and family child care homes are provided with wholesome growth and educational experiences and are not subjected to neglect, mistreatment, or immoral surroundings.

(2) A licensed child care facility shall ensure that all individuals working at the facility receive orientation, based on materials recommended by the Agency of Human Services and the Agency of Education, on the prevention, identification, and mandatory reporting of child abuse, including child sexual abuse, signs and symptoms of sexual abuse, sexual violence, grooming processes, recognizing the dangers of child sexual abuse in and close to the home, and other predatory behaviors of sex offenders.

(e) At least each three years, the Department shall review the rules for licensure and registration for revision or updating.

(f) The Commissioner, upon request, and in the Commissioner's discretion, may grant waivers and variances to child-adult ratios if licensure is applied for by a registered child care facility.

(g) [Repealed.]

(h) Notwithstanding any provision of law to the contrary, the Agency of Human Services may provide technical assistance to schools in voluntarily meeting school age child care standards.

(i) [Repealed.]
33 V.S.A. § 1920 — VT Code / Title 33 / Chapter 19 / Section 1920
§ 1920. Agent for service of process
Status: in_force

(a) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the State as a foreign corporation or other business entity shall, as a condition precedent to having its brand families included or retained in the directory, appoint and continually engage without interruption the services of an agent in this State to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this subchapter or subchapter 1A of this chapter, or both, may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, telephone number, and satisfactory proof of the appointment and availability of such agent to the Attorney General. The Secretary of State shall be designated as agent for service of process for importers of nonparticipating manufacturers located outside the United States. Service shall be made upon the Secretary of State in accordance with the provisions of 12 V.S.A. §§ 851 and 852.

(b) The nonparticipating manufacturer shall provide notice to the Attorney General 30 calendar days prior to termination of the authority of any such agent and shall further provide proof to the satisfaction of the Attorney General of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agent appointment, the nonparticipating manufacturer shall notify the Attorney General of said termination within five calendar days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent.

(c) Any nonparticipating manufacturer whose cigarettes are sold in this State who has not appointed and engaged an agent as required by this section shall be deemed to have appointed the Secretary of State as such agent and may be proceeded against in courts of this State by service of process upon the Secretary of State; provided, however, that the appointment of the Secretary of State as such agent shall not satisfy the condition precedent, required by subsection (a) of this section, for having the individual styles or brands of cigarettes or, if applicable, brand families of the nonparticipating manufacturer included or retained in the directory.
33 V.S.A. § 4904 — VT Code / Title 33 / Chapter 49 / Section 4904
§ 4904. Foster care; transitional youth services
Status: repealed

(a) As used in this section, “youth” means a person between 18 and 22 years of age who either:

(1) attained his or her 18th birthday while in the custody of the Commissioner for Children and Families; or

(2) while he or she was between 10 and 18 years of age, spent at least five of those years in the custody of the Commissioner for Children and Families.

(b)(1) The Department shall provide foster care services as described in subsection (c) of this section to:

(A) any youth who elects to continue receiving such services after attaining the age of 18;

(B) any individual under the age of 22 who leaves State custody after the age of 16 and at or before the age of 18 or any youth provided he or she voluntarily requests additional support services.

(2) The Department shall require a youth receiving services under this section to be employed, to participate in a program to promote employment or remove barriers to employment, or to attend an educational or vocational program, and, if the youth is working, require that he or she contribute to the cost of services based on a sliding scale, unless the youth meets the criteria for an exception to the employment and educational or vocational program requirements of this section based on a disability or other good cause. The Department shall establish rules for the requirements and exceptions under this subdivision.

(c) The Commissioner shall establish by rule a program to provide a range of age-appropriate services for youth to ensure a successful transition to adulthood, including foster care and other services provided under this chapter to children as appropriate, housing assistance, transportation, case management services, assistance with obtaining and retaining health care coverage or employment, and other services. At least 12 months prior to a child attaining his or her 18th birthday, the Department shall assist the child in developing a transition plan. When developing the transition plan, the child shall be informed about the range of age-appropriate services and assistance available in applying for or obtaining these services.

(d) [Repealed.]
33 V.S.A. § 1132 — VT Code / Title 33 / Chapter 11 / Section 1132
§ 1132. Notice and appeal
Status: in_force

(a) A participant may appeal the provisions of a family development plan in accordance with 3 V.S.A. § 3091. The Commissioner shall provide notice to each participant of the standards and procedures applicable to such appeals. All federal and Agency of Human Services rules regarding conciliation, notice, hearing, and appeal shall be followed in connection with such appeals.

(b) A participant shall receive notice and an opportunity for conciliation, hearing, and appeal in accordance with all applicable federal and Agency of Human Services rules before Reach Up sanctions are applied to the participant.

(c) A participant shall continue to receive financial assistance payments pending appeal to the Human Services Board of Reach Up sanctions if the appeal is received prior to the effective date of the proposed sanctions.
33 V.S.A. § 5727 — VT Code / Title 33 / Chapter 57 / Section 5727
§ 5727. Oversight; enforcement; dispute resolution
Status: in_force

(a) Oversight.

(1) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.

(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

(b) Dispute resolution.

(1) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.

(2) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and noncompacting states. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

(3) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in section 5731 of this title.
33 V.S.A. § 5255 — VT Code / Title 33 / Chapter 52 / Section 5255
§ 5255. Temporary care hearing
Status: in_force

(a) A temporary care hearing shall be held within 72 hours of the issuance of an emergency care order or conditional custody order under section 5253 of this title. State holidays shall be excluded from the computation of 72 hours. If the custodial parent, guardian, or custodian has not been notified in accordance with section 5254 of this title and does not appear or waive appearance at the temporary care hearing and files thereafter with the court an affidavit so showing, the court shall hold another temporary care hearing within one business day of the filing of the affidavit as if no temporary care hearing had theretofore been held.

(b) If the State's Attorney is seeking a temporary care order, the State's Attorney shall file a petition on or before the temporary care hearing. If the State's Attorney elects not to file a petition, the State's Attorney shall so notify the court, and the court shall vacate any temporary orders.

(c) The following persons shall be present at the temporary care hearing:

(1) the child;

(2) the child's custodial parent, guardian, or custodian, unless he or she cannot be located or fails to appear in response to notice;

(3) the child's guardian ad litem;

(4) an attorney for the child;

(5) an attorney for the custodial parent, if requested;

(6) a representative of the Department; and

(7) the State's Attorney.

(d) A noncustodial parent and his or her attorney shall have the right to be present at the hearing. The hearing shall not be delayed by reason of the inability of the Department to locate the noncustodial parent.

(e) The Department shall provide the following information to the court at the hearing:

(1) Any reasons for the child's removal that are not set forth in the affidavit required pursuant to section 5252 of this title.

(2) Services, if any, provided to the child and the family in an effort to prevent removal.

(3) The need, if any, for continued custody of the child with the Department pending a hearing to adjudicate the merits of the petition.

(4) Services that could facilitate the return of the child to the custody of the parent or guardian.

(5)(A) The identity of a noncustodial parent and any relatives known to the Department who may be suitable, willing, and available to assume temporary custody of the child.

(B) With respect to any person whom the Department identifies pursuant to this subdivision, the Department shall conduct an assessment of the suitability of the person to care for the child. The assessment shall include consideration of the person's ability to care for the child's needs, a criminal history record as defined in 20 V.S.A. § 2056a(a)(1) in accordance with subdivision (5)(C) of this subsection (e), and a check of allegations of prior child abuse or neglect by the person or by other adults in the person's home. The court may continue the hearing if necessary to permit the Department to complete the assessment.

(C) The Department shall request from the Vermont Crime Information Center criminal history record information for any person being considered to assume temporary legal custody of the child pursuant to this subdivision. The request shall be in writing and shall be accompanied by a release signed by the person. The Department through the Vermont Crime Information Center shall request criminal history record information from the appropriate state criminal repositories in all states in which it has reason to believe the person has resided or been employed. If no disqualifying record is identified at the state level, the Department through the Vermont Crime Information Center shall request from the Federal Bureau of Investigation (FBI) a National Criminal History Record Check of the person's criminal history. The request to the FBI shall be accompanied by a set of the person's fingerprints and a fee established by the Vermont Crime Information Center. The Vermont Crime Information Center shall send the Department the criminal history record from any state repository and the FBI of a person about whom a request is made under this subdivision or inform the Department that no record exists. The Department shall promptly provide a copy of the criminal history record, if any, to the person and shall inform the person that he or she has the right to appeal the accuracy and completeness of the record through the Vermont Crime Information Center. Upon completion of the process under this subdivision, the person's fingerprint card shall be destroyed.

(6) Additional information as required by the Uniform Child Custody Jurisdiction and Enforcement Act pursuant to 15 V.S.A. chapter 20 and the Indian Child Welfare Act pursuant to 25 U.S.C. § 1901 et seq.

(f) All parties shall have the right to present evidence on their own behalf and examine witnesses. Hearsay, to the extent it is deemed relevant and reliable by the court, shall be admissible. The court may in its discretion limit testimony and evidence to only that which goes to the issues of removal, custody, and the child's welfare.

(g) The temporary care hearing shall also be a preliminary hearing on the petition.
33 V.S.A. § 3211 — VT Code / Title 33 / Chapter 32 / Section 3211
§ 3211. Oversight Commission on Children, Youths, and Families
Status: in_force

(a) Creation. There is created the Oversight Commission on Children, Youths, and Families to provide guidance and recommendations to the Office of the Child, Youth, and Family Advocate.

(b) Membership. The Commission shall be composed of the following members who shall not have a conflict of interest with the Department for Children and Families:

(1) one current member of the House of Representatives who serves on the House Committee on Human Services, who shall be appointed by the Speaker of the House;

(2) one current member of the Senate who serves on the Senate Committee on Health and Welfare, who shall be appointed by the Committee on Committees;

(3) a member with professional expertise in childhood trauma, adverse childhood experiences, or child welfare, who shall be appointed by the Governor;

(4) the Executive Director of Racial Equity established pursuant to 3 V.S.A. § 5001 or designee;

(5) one member of a child advocacy group, board, or commission, who shall be appointed by the Speaker of the House;

(6) one member of a child advocacy group, board, or commission, who shall be appointed by the Committee on Committees;

(7) one member of a child advocacy group, board, or commission, who shall be appointed by the Governor;

(8) an adult who was in the custody of the Department for Children and Families within the past five years, who shall be appointed by the Vermont Foster and Adoptive Family Association; and

(9) the relative caregiver of a child or youth involved in the child protection system, who shall be appointed by Vermont Kin as Parents.

(c) Powers and duties. The Commission shall:

(1) recommend qualified applicants for the position of the Child, Youth, and Family Advocate to the Governor for consideration pursuant to section 3204 of this chapter within 45 days following a vacancy; and

(2) provide oversight of the Office in its efforts to support an equitable, comprehensive, and coordinated system of services and programs for children, youths, and families.

(d) Assistance. The Commission shall have the administrative assistance of the Agency of Administration.

(e) Meetings.

(1) The member representing the House Committee on Human Services shall call the first meeting of the Commission to occur on or before August 1, 2022.

(2) The Commission shall select a chair from among its members at the first meeting.

(3) A majority of the membership shall constitute a quorum.

(f) Compensation and reimbursement.

(1) For attendance at meetings during adjournment of the General Assembly, a legislative member of the Commission serving in the member's capacity as a legislator shall be entitled to per diem compensation and reimbursement of expenses pursuant to 2 V.S.A. § 23 for not more than four meetings annually.

(2) Other members of the Commission shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than four meetings annually. These payments shall be made from monies appropriated to the Office of the Child, Youth, and Family Advocate.
33 V.S.A. § 1104 — VT Code / Title 33 / Chapter 11 / Section 1104
§ 1104. Abandonment or desertion; reporting
Status: in_force

Immediately upon granting assistance for the benefit of a dependent child who has been abandoned or deserted by a parent, the Commissioner shall give notice to the appropriate prosecuting officer charged with the duty of enforcing laws relating to the abandonment or desertion of children or minors.
33 V.S.A. § 5268 — VT Code / Title 33 / Chapter 52 / Section 5268
§ 5268. Notice; violation hearing
Status: in_force

(a) The court shall not find a juvenile in violation of the juvenile's probation without a hearing, which shall be held promptly in the court in which the probation was imposed. If the juvenile is held in detention prior to the hearing, the hearing shall take place at the earliest possible time. Prior to the hearing, the juvenile and the adult who signed the probation certificate shall receive a written notice of the hearing at his or her last known address stating that the juvenile has allegedly violated one or more conditions of probation and which condition or conditions have been violated. At the hearing, the juvenile shall have:

(1) the right to legal counsel if requested by the juvenile probationer or the adult who signed the probation certificate to be assigned by the court in the same manner as in criminal cases;

(2) the right to disclosure of evidence against the juvenile;

(3) the opportunity to appear and to present evidence on the juvenile's behalf; and

(4) the opportunity to question witnesses against the juvenile.

(b) The State's Attorney having jurisdiction or the Commissioner shall establish the alleged violation by a preponderance of the evidence if the juvenile probationer contests the allegation.
33 V.S.A. § 1309 — VT Code / Title 33 / Chapter 13 / Section 1309
§ 1309. Agreements
Status: in_force

(a) The Secretary of Human Services may enter into agreements by which an agency of the federal government or other public or private entity administers any or all parts of the State aid to the aged, blind, and disabled program.

(b) In cases in which the Secretary enters into such agreements with an agency of the federal government, any requirement set forth in this chapter that is inconsistent with the statutes and regulations of the federal government regarding federal administration of State supplementation of benefits under Title XVI of the Social Security Act shall be waived.

(c) The Secretary shall monitor the performance of the agency of the federal government or other public or private entity administering any or all parts of the State aid to the aged, blind, and disabled program. In the event the Secretary determines, in the Secretary's best judgment, that administration by an agency of the federal government or other public or private entity is not in the best interests of the citizens of Vermont, the Secretary is hereby authorized to terminate such agreements.

(d) The Department shall, upon request of any individual, provide information or assist that individual in transactions with the federal agency or other public or private entity administering any or all parts of the State aid to the aged, blind, and disabled program.
33 V.S.A. § 1703 — VT Code / Title 33 / Chapter 17 / Section 1703
§ 1703. Changes to program administration
Status: in_force

(a)(1) The Department shall report to the Chairs of the House Committee on Human Services and the Senate Committee on Health and Welfare and any interested stakeholders within 30 days after any substantive change in the federal law governing SNAP that:

(A) restricts or improves eligibility;

(B) increases or reduces barriers or creates or eliminates hardships to access; or

(C) inhibits or increases benefit usage.

(2) Within 90 days after a change described pursuant to subdivision (1) of this subsection, the Department shall provide an analysis to the Chairs of any anticipated administrative costs to the Department and any impacts on SNAP applicants and participants as a result of the change.

(b) The Commissioner may convene a meeting of interested stakeholders to discuss a change listed in subsection (a) of this section.
33 V.S.A. § 7303 — VT Code / Title 33 / Chapter 73 / Section 7303
§ 7303. Notice to residents; posting
Status: in_force

(a) A summary of the obligations of the nursing home to residents using its facilities shall be written in clear language, in easily readable print, and posted conspicuously in a public place on each floor of the home. This notice shall also summarize the facility's grievance procedure and directions for contacting the Office of the State Long-Term Care Ombudsman. The directions for contacting the Office of the State Long-Term Care Ombudsman shall be written by the Department of Disabilities, Aging, and Independent Living; shall include a description of the Ombudsman program; and shall be underscored.

(b) A readable copy of this same notice shall be presented to each resident on admission together with an oral explanation of the rights, grievance procedure, and directions for contacting the Office of the State Long-Term Care Ombudsman.
33 V.S.A. § 7209 — VT Code / Title 33 / Chapter 71 / Section 7209
§ 7209. Limitations; payment of debts
Status: in_force

The receiver shall petition the court when debts incurred prior to appointment of the receiver appear extraordinary, of questionable validity, or unrelated to the normal and expected maintenance and operation of the facility, or where payment of the debts will interfere with the purposes of the receivership. The court shall determine the order of priority of debts, with first priority given to expenditures for direct care of current residents.
33 V.S.A. § 5285 — VT Code / Title 33 / Chapter 52A / Section 5285
§ 5285. Modification or revocation of disposition
Status: in_force

(a) If it appears that the youth has violated the terms of juvenile probation ordered by the court pursuant to subdivision 5284(c)(1) of this title, a motion for modification or revocation of youthful offender status may be filed in the Family Division of the Superior Court. The court shall set the motion for hearing as soon as practicable. The hearing may be joined with a hearing on a violation of conditions of probation under section 5265 of this title. A supervising juvenile or adult probation officer may detain in an adult facility a youthful offender who has attained 18 years of age for violating conditions of probation.

(b) A hearing under this section shall be held in accordance with section 5268 of this title.

(c) If the court finds after the hearing that the youth has violated the terms of his or her probation, the court may:

(1) maintain the youth's status as a youthful offender, with modified conditions of juvenile probation if the court deems it appropriate;

(2) revoke the youth's status as a youthful offender and transfer the case with a record of the petition, affidavit, adjudication, disposition, and revocation to the Criminal Division for sentencing; or

(3) transfer supervision of the youth to the Department of Corrections with all of the powers and authority of the Department and the Commissioner under Title 28, including graduated sanctions and electronic monitoring.

(d) If a youth's status as a youthful offender is revoked and the case is transferred to the Criminal Division pursuant to subdivision (c)(2) of this section, the court shall enter a conviction of guilty based on the admission to or finding of merits, hold a sentencing hearing, and impose sentence. Unless it serves the interest of justice, the case shall not be transferred back to the Family Division pursuant to section 5203 of this title. When determining an appropriate sentence, the court may take into consideration the youth's degree of progress toward or regression from rehabilitation while on youthful offender status. The Criminal Division shall have access to all Family Division records of the proceeding.
33 V.S.A. § 3512 — VT Code / Title 33 / Chapter 35 / Section 3512
§ 3512. Child Care Financial Assistance Program; eligibility
Status: in_force

(a)(1) The Child Care Financial Assistance Program is established to subsidize the costs of child care for families that need child care services in order to obtain employment, to retain employment, or to obtain training leading to employment. Families seeking employment shall be entitled to participate in the Program for up to three months and the Commissioner may further extend that period.

(2) The subsidy authorized by this subsection and the corresponding family contribution shall be established by the Commissioner, by rule, and shall bear a reasonable relationship to income and family size. The Commissioner may adjust the subsidy and family contribution by rule to account for increasing child care costs not to exceed 1.5 times the most recent annual increase in the NAICS code 611, Educational Services. Families shall be found eligible using an income eligibility scale based on the current federal poverty level and adjusted for the size of the family. Co-payments shall be assigned to the whole family and shall not increase if more than one eligible child is enrolled in child care. Families with an annual gross income of less than or equal to 175 percent of the current federal poverty guidelines shall not have a family co-payment. Families with an annual gross income up to and including 575 percent of current federal poverty guidelines, adjusted for family size, shall be eligible for a subsidy authorized by this subsection. The scale shall be structured so that it encourages employment. If the federal poverty guidelines decrease in a given year, the Division shall maintain the previous year's federal poverty guidelines for the purpose of determining eligibility and benefit amount under this subsection.

(3) Earnings deposited in a qualified child education savings account, such as the Vermont Higher Education Investment Plan, established in 16 V.S.A. § 2877, or any similar plan qualified under 26 U.S.C. § 529, shall be disregarded in determining the amount of a family's income for the purpose of determining continuing eligibility.

(4) Nothing in this subsection shall preclude a child care provider from establishing tuition rates that are lower than the provider reimbursement rate in the Child Care Financial Assistance Program

(5) The Department shall ensure that applications for the Child Care Financial Assistance Program use a simple, plain-language format. Applications shall be available in both electronic and paper formats and shall comply with the Office of Racial Equity's most recent Language Access Report.

(6) A Vermont resident who has a citizenship status that would otherwise exclude the resident from participating in the Child Care Financial Assistance Program shall be served under this Program, provided that the benefit for these residents is solely State-funded. The Department shall not retain data on the citizenship status of any applicant or participant once a child is no longer participating in the program, and it shall not request the citizenship status of any members of the applicant's or participant's family. Any records created pursuant to this subsection shall be exempt from public inspection and copying under the Public Records Act.

(b)(1) An Enhanced Child Care Services Subsidy Program is established for families participating in the Reach Ahead program.

(2) The Enhanced Child Care Services Subsidy Program established by this subsection shall be administered by the Department's Child Development Division. The Commissioner shall adopt rules necessary for the administration of the Program pursuant to 3 V.S.A. chapter 25.

(3) The subsidy authorized by this subsection shall be no greater than 100 percent of the subsidy provided in subsection (a) of this section.

(4) A participating family shall remain eligible for the Enhanced Child Care Services Subsidy Program between 12 and 24 months as long as one or more dependent children of a working parent or parents are receiving child care services. The Commissioner for Children and Families may extend the subsidy beyond 24 months if the Commissioners for Children and Families and of Finance and Management determine jointly that an extension can be accommodated within appropriated resources.

(5) The Enhanced Child Care Services Subsidy Program shall be funded through savings resulting from caseload reductions in the Reach Up program. If there are insufficient savings from caseload reductions to fund the Program, the Program shall be suspended or modified.
33 V.S.A. § 3601 — VT Code / Title 33 / Chapter 36 / Section 3601
§ 3601. Purpose
Status: in_force

(a) The General Assembly recognizes the right of all early care and education providers to bargain collectively with the State over matters within the State's control and identified as subjects of bargaining pursuant to subsection 3603(b) of this chapter.

(b) The General Assembly intends to create an opportunity for early care and education providers to choose to form a union and bargain with the State over matters within the State's control and identified as subjects of bargaining pursuant to subsection 3603(b) of this chapter.

(c) Specific terms and conditions of employment, which are the subject of traditional collective bargaining between employers and employees, are outside the limited scope of this chapter.

(d) The matters subject to this chapter are those within the control of the State of Vermont and relevant to all early care and education providers.

(e) Early care and education providers do not forfeit their rights under the National Labor Relations Act, 29 U.S.C. §§ 151-169, or the Vermont State Labor Relations Act, 21 V.S.A. §§ 1501-1624, by becoming members of an organization that represents them in their dealings with the State. The terms and conditions of employment with individual early care and education providers, which are the subjects of traditional collective bargaining between employers and employees and which are governed by federal law, fall outside the limited scope of bargaining defined in this chapter.
33 V.S.A. § 5733 — VT Code / Title 33 / Chapter 57 / Section 5733
§ 5733. Binding effect; other laws
Status: in_force

(a) Other laws.

(1) Nothing in this chapter prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

(2) All compacting states' laws other than state Constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.

(b) Binding effect of compact.

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

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

(3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.

(4) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective, and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
33 V.S.A. § 1822 — VT Code / Title 33 / Chapter 18 / Section 1822
§ 1822. Implementation; waiver
Status: in_force

(a) Green Mountain Care shall be implemented 90 days following the last to occur of:

(1) Receipt of a waiver under Section 1332 of the Affordable Care Act pursuant to subsection (b) of this section.

(2) Enactment of a law establishing the financing for Green Mountain Care.

(3) Approval by the Green Mountain Care Board of the initial Green Mountain Care benefit package pursuant to 18 V.S.A. § 9375.

(4) Enactment of the appropriations for the initial Green Mountain Care benefit package proposed by the Green Mountain Care Board pursuant to 18 V.S.A. § 9375.

(5) A determination by the Green Mountain Care Board, as the result of a detailed and transparent analysis, that each of the following conditions will be met:

(A) Each Vermont resident covered by Green Mountain Care will receive benefits with an actuarial value of 80 percent or greater.

(B) When implemented, Green Mountain Care will not have a negative aggregate impact on Vermont's economy. This determination shall include an analysis of the impact of implementation on economic growth.

(C) The financing for Green Mountain Care is sustainable. In this analysis, the Board shall consider at least a five-year revenue forecast using the consensus process established in 32 V.S.A. § 305a, projections of federal and other funds available to support Green Mountain Care, and estimated expenses for Green Mountain Care for an equivalent time period.

(D) Administrative expenses in Vermont's health care system for which data are available will be reduced below 2011 levels, adjusted for inflation and other factors as necessary to reflect the present value of 2011 dollars at the time of the analysis.

(E) Cost-containment efforts will result in a reduction in the rate of growth in Vermont's per-capita health care spending without reducing access to necessary care or resulting in excessive wait times for services.

(F) Health care professionals will be reimbursed at levels sufficient to allow Vermont to recruit and retain high-quality health care professionals.

(b) As soon as allowed under federal law, the Secretary of Administration shall seek a waiver to allow the State to suspend operation of the Vermont Health Benefit Exchange and to enable Vermont to receive the appropriate federal fund contribution in lieu of the federal premium tax credits, cost-sharing subsidies, and small business tax credits provided in the Affordable Care Act. The Secretary may seek a waiver from other provisions of the Affordable Care Act as necessary to ensure the operation of Green Mountain Care.

(c) The Green Mountain Care Board's analysis prepared pursuant to subdivision (a)(5) of this section shall be made available to the General Assembly and the public and shall include:

(1) a complete fiscal projection of revenues and expenses, as described in subdivision (a)(5) of this section, including reserves, if recommended, and other costs in addition to the cost of services, over at least a five-year period for a public-private universal health care system providing benefits with an actuarial value of 80 percent or greater;

(2) the financing plans provided to the General Assembly in January 2013 pursuant to 2011 Acts and Resolves No. 48, Sec. 9;

(3) an analysis of how implementing Green Mountain Care will further the principles of health care reform expressed in 18 V.S.A. § 9371 beyond the reforms established through the Blueprint for Health; and

(4) a comparison of best practices for reducing health care costs in self-funded plans, if available.
33 V.S.A. § 5317 — VT Code / Title 33 / Chapter 53 / Section 5317
§ 5317. Disposition hearing
Status: in_force

(a) Timeline. A disposition hearing shall be held no later than 35 days after a finding that a child is in need of care and supervision.

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

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

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

(e) Further hearing. On its own motion or on the motion of a party, the court may schedule a further hearing to obtain reports or other information necessary for the appropriate disposition of the case. The court shall make an appropriate order for the temporary care of the child pending a final disposition order. The court shall give scheduling priority to cases in which the child has been removed from home.
33 V.S.A. § 5306 — VT Code / Title 33 / Chapter 53 / Section 5306
§ 5306. Notice of emergency care order and temporary care hearing
Status: in_force

(a) Notice to custodial parent. An officer shall deliver a copy of the emergency care order or conditional custody order to the custodial parent, guardian, or custodian of the child. If delivery cannot be made in a timely manner, the officer shall otherwise notify or cause to be notified the custodial parent of the order, the date, the time, and place of the temporary care hearing, and the parent's right to counsel. If the custodial parent, guardian, or custodian cannot be located, the officer shall so certify to the court in an affidavit describing the efforts made to locate such persons.

(b) Notice to noncustodial parent. The Department shall make reasonable efforts to locate any noncustodial parent and provide the noncustodial parent with the emergency care order or conditional custody order; notice of the date, hour, and place of the temporary care hearing; and right to counsel. If the noncustodial parent cannot be located, the Department shall provide to the court a summary of the efforts made to locate the parent.

(c) Failure to locate. The hearing shall not be delayed by reason of not being able to locate either the custodial or noncustodial parent.

(d) Notice to other parties. The court shall notify the following persons of the date and time of the temporary care hearing:

(1) The State's Attorney.

(2) A representative of the Department.

(3) An attorney to represent the child.

(4) A guardian ad litem for the child.

(5) An attorney to represent each parent. The attorney may be court-appointed in the event the parent is eligible, or may be an attorney who has entered an appearance on behalf of a parent.
33 V.S.A. § 7204 — VT Code / Title 33 / Chapter 71 / Section 7204
§ 7204. Appointment of receiver; notice
Status: in_force

(a)(1) Unless the complaint is dismissed as provided for in section 7202 of this chapter or parties agree to a later date, the court shall hold a hearing on the merits to appoint a receiver within 10 days of filing the complaint. The court shall hold a hearing on the merits even when the court has appointed a temporary receiver as provided for in section 7203 of this chapter.

(2) Notice of the hearing shall be served on the owner, the licensee, the mortgage holder, the State Long-Term Care Ombudsman, and the licensing agency not less than five days before the hearing. If the owner or the licensee cannot be served, the court shall specify an alternative form of notice.

(b) The licensee shall post notice of the hearing, in a form approved by the court, in a conspicuous place in the facility for not less than five days before the date of the hearing.
33 V.S.A. § 5294 — VT Code / Title 33 / Chapter 52 / Section 5294
§ 5294. Interests of justice hearing
Status: in_force

Not later than the next business day after a juvenile who is awaiting trial or other legal process and who is treated as an adult for prosecution in the Criminal Division is taken into custody, the court shall hold a hearing and determine whether to issue a written order, pursuant to 34 U.S.C. § 11133(a)(11)(B), that it is in the interests of justice to hold the juvenile in a jail or other secure facility for adults owned or operated by the Department of Corrections and, if such an order is issued, whether to allow sight or sound contact with adult inmates. Hearings held and orders issued pursuant to this section shall conform with the requirements of 34 U.S.C. § 11133(a)(11)(B), including the criteria set forth therein.
33 V.S.A. § 1912 — VT Code / Title 33 / Chapter 19 / Section 1912
§ 1912. Findings and purpose
Status: in_force

(a) Cigarette smoking presents serious public health concerns to the State of Vermont and to the citizens of Vermont. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after a person begins smoking.

(b) Cigarette smoking also presents serious financial concerns for the State. Under certain health care programs, the State may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance. Under these programs, the State pays millions of dollars each year to provide medical assistance to these persons for health conditions associated with cigarette smoking.

(c) It is the policy of the State that financial burdens imposed on the State by cigarette smoking be borne by tobacco product manufacturers rather than by the State to the extent that such manufacturers either determine to enter into a settlement with the State or are found culpable by the courts.

(d) On November 23, 1998, leading U.S. tobacco product manufacturers entered into a settlement agreement, entitled the “Master Settlement Agreement,” with the State. In return for a release of past, present, and certain future claims against these manufacturers as described therein, the Master Settlement Agreement obligates these manufacturers to:

(1) pay substantial sums to the State, tied in part to their volume of sales;

(2) fund a national foundation devoted to the interests of public health; and

(3) make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.

(e) It would be contrary to the policy of the State if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise, without ensuring that the State will have an eventual source of recovery from them if they are proven to have acted culpably. Consequently, it is in the interest of the State to require that such manufacturers establish a reserve fund to guarantee a source of compensation, and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.
33 V.S.A. § 1134 — VT Code / Title 33 / Chapter 11 / Section 1134
§ 1134. Program evaluation
Status: in_force

On or before January 31 of each year, the Commissioner shall design and implement procedures to evaluate, measure, and report to the Governor and the General Assembly the Department's progress in achieving the goals of the programs provided for in sections 1002, 1102, and 1202 of this title. The report shall include:

(1) the types of barriers facing Reach Up families seeking economic self-sufficiency, the number of families with each type of barrier, the frequency of occurrence of each type of barrier, and how support services and incentives assist in overcoming barriers;

(2) documentation of participant results, including specific information relating to the number of persons employed, by occupation, industry, and wage; the types of subsidized and unsubsidized jobs secured by participants; any available information about results for children who have participated in the programs, including objective measures of improved conditions; the number of participating families involved in training programs; and whether the support services and incentives assist in keeping families employed;

(3) data about the Supplemental Nutrition Assistance Program participation of households who have left the programs during the last fiscal year, including the number of households, adults, and children participating in the Supplemental Nutrition Assistance Program three months after leaving the applicable program, broken down by reason for termination or leaving, and the Department's plan to identify and assist eligible households to apply for Supplemental Nutrition Assistance Program benefits;

(4) data about the enrollment of individuals who have left the programs during the last fiscal year in a Health Care Assistance Program, including the number of adults and children enrolled in a Health Care Assistance Program three months after leaving the applicable program, broken down by reason for termination or leaving, and the Department's plan to identify and assist eligible households to apply for health care assistance;

(5) a summary of all interim and final reports submitted by independent evaluation contractors to the Agency or the Department relating to the programs;

(6) a description of the work participation rates, including the method of calculating the caseload reduction credit, for the most recent federal fiscal year;

(7) a description of the current basic needs budget and housing allowance, the current maximum grant amounts, and the basic needs budget and housing allowance adjusted to reflect an annual cost-of-living increase;

(8) a description of the families, during the last fiscal year, that included an adult family member receiving financial assistance for 60 or more months in his or her lifetime, including:

(A) the number of families and the types of barriers facing these families; and

(B) the number of families that became ineligible for the Reach Up program pursuant to subsection 1108(a) of this title, and the types of income and financial assistance received by those families that did not return to the Reach Up program within 90 days of becoming ineligible; and

(9) a description of the families in the postsecondary education program pursuant to section 1122 of this title, including the number of participating families and any barriers to their further participation.
33 V.S.A. § 5286 — VT Code / Title 33 / Chapter 52A / Section 5286
§ 5286. Review prior to 18 years of age
Status: in_force

(a) If a youth is on probation as a youthful offender prior to reaching 18 years of age, the Family Division shall review the youth's case before he or she reaches 18 years of age and set a hearing to determine whether the court's jurisdiction over the youth should be continued past 18 years of age. The hearing may be joined with a motion to terminate youthful offender status under section 5285 of this title. The court shall provide notice and an opportunity to be heard at the hearing to the State's Attorney, the youth, the Department for Children and Families, and the Department of Corrections.

(b) After receiving a notice of review under this section, the State may file a motion to modify or revoke pursuant to section 5285 of this title. If such a motion is filed, it shall be consolidated with the review under this section and all options provided for under section 5285 of this title shall be available to the court.

(c) The following reports shall be filed with the court prior to the hearing:

(1) The Department for Children and Families and the Department of Corrections shall jointly report their recommendations, with supporting justifications, as to whether the Family Division should continue jurisdiction over the youth past 18 years of age and, if continued jurisdiction is recommended, propose a case plan for the youth to ensure compliance with and completion of the juvenile disposition.

(2) If the Departments recommend continued supervision of the youthful offender past 18 years of age, the Departments shall report on the services that would be available for the youth.

(d) If the court finds that it is in the best interests of the youth and consistent with community safety to continue the case past 18 years of age, it shall make an order continuing the court's jurisdiction up to 22 years of age. The Department for Children and Families and the Department of Corrections shall jointly develop a case plan for the youth and coordinate services and share information to ensure compliance with and completion of the juvenile disposition.

(e) If the court finds that it is not in the best interests of the youth to continue the case past 18 years of age, it shall terminate the disposition order, discharge the youth, and dismiss the case in accordance with subsection 5287(c) of this title.
33 V.S.A. § 2004 — VT Code / Title 33 / Chapter 19 / Section 2004
§ 2004. Manufacturer fee
Status: in_force

(a) Annually, each pharmaceutical manufacturer or labeler of prescription drugs that are paid for by the Department of Vermont Health Access for individuals participating in Medicaid, Dr. Dynasaur, or VPharm shall pay a fee to the Agency of Human Services. The fee shall be 1.75 percent of the previous calendar year's prescription drug spending by the Department and shall be assessed based on manufacturer labeler codes as used in the Medicaid rebate program.

(b) Fees collected under this section shall fund collection and analysis of information on pharmaceutical marketing activities under 18 V.S.A. §§ 4632 and 4633; analysis of prescription drug data needed by the Office of the Attorney General for enforcement activities; the Vermont Prescription Monitoring System established in 18 V.S.A. chapter 84A; the evidence-based education program established in 18 V.S.A. chapter 91, subchapter 2; the Green Mountain Care Board's prescription drug cost regulation initiatives; statewide unused prescription drug disposal initiatives; prevention of prescription drug misuse, abuse, and diversion; the Substance Misuse Prevention Oversight and Advisory Council established in 18 V.S.A. § 4803; treatment of substance use disorder; exploration of nonpharmacological approaches to pain management; a hospital antimicrobial program for the purpose of reducing hospital-acquired infections; the purchase and distribution of fentanyl testing strips; the purchase and distribution of naloxone to emergency medical services personnel; and any opioid-antagonist education, training, and distribution program operated by the Department of Health or its agents. The fees shall be collected in the Evidence-Based Education and Advertising Fund established in section 2004a of this title.

(c) The Secretary of Human Services or designee shall adopt rules for the implementation of this section.

(d) The Department shall maintain on its website a list of the manufacturers who have failed to provide timely payment as required under this section.
33 V.S.A. § 1502 — VT Code / Title 33 / Chapter 15 / Section 1502
§ 1502. Services for persons who are blind
Status: repealed

For the rehabilitation or amelioration of the condition of persons who are blind, the Department of Disabilities, Aging, and Independent Living may:

(1) Ameliorate the condition of persons who are blind by devising means for their adjustment, care, instruction, and well-being, including the distribution of books, promotion of visits to elders who are blind, and by other expedient and proper means and methods.

(2) Furnish medical examinations, physical restoration, guidance and counseling, vocational training, maintenance and transportation, occupational materials, tools, equipment, and licenses.

(3) Assist persons who are blind in developing home industries and small business enterprises and marketing their products.

(4) Act as an intermediary between persons who are blind and otherwise have a disability and industry for the purpose of arranging industrial homework of a subcontract nature, and pay inherent costs such as workers' compensation insurance and Social Security taxes.

(5) Contribute to the support of persons who are blind from this State who are receiving instruction or training in schools or institutions outside the State.

(6) [Repealed.]
33 V.S.A. § 2103 — VT Code / Title 33 / Chapter 21 / Section 2103
§ 2103. Eligibility
Status: repealed

(a) Consistent with available appropriations, the Department for Children and Families shall furnish General Assistance under this chapter, except as provided in this section, to any otherwise eligible individual unable to provide the necessities of life for the individual and for those whom the individual is legally obligated to support. Except for those in catastrophic situations as defined in rules, no General Assistance shall be provided in the following situations:

(1) to any individual whose income from any source, including the Department for Children and Families, during the 30 days immediately preceding the date on which assistance is sought is equal to the General Assistance eligibility standard;

(2) to any able-bodied individual without minor dependents included in his or her application.

(b) Eligibility standards for General Assistance as established by the Commissioner need not be the same as those applicable to the Department's categorical assistance programs. In addition, in determining eligibility, the Commissioner, pursuant to rule, may take into account payment to or for the benefit of the applicant under any Department program.

(c) It is further provided that in determining eligibility apart from the need standard, the Commissioner may adopt a reasonable standard pertaining to work-related efforts on the part of the applicant.

(d) Except for relief as provided in sections 2109-2112 of this chapter, General Assistance to transients shall be limited to that necessary to permit the transient to leave the State.

(e) As used in this section, “able-bodied individual” does not include a person subject to such conditions as are determined, by rule of the Commissioner for Children and Families, to constitute barriers to employment.

(f) [Repealed.]
33 V.S.A. § 6952 — VT Code / Title 33 / Chapter 69 / Section 6952
§ 6952. Civil action for relief from financial exploitation
Status: in_force

(a) Right of action. A vulnerable adult or his or her agent or guardian may bring an action in the Civil Division of the Superior Court pursuant to this section for relief against a natural person who, with reckless disregard or with knowledge, has engaged in the financial exploitation of the vulnerable adult. An action under this section shall be dismissed if the court determines the vulnerable adult is capable of expressing his or her wishes and that he or she does not wish to pursue the action.

(b) Remedies.

(1) If the court finds that financial exploitation of a vulnerable adult has occurred, the court shall grant appropriate relief to the vulnerable adult, which may include money damages, injunctive relief, reasonable costs, attorney's fees, and equitable relief.

(2) If the financial exploitation was intentional, the court may grant exemplary damages not to exceed three times the value of economic damages.

(c) Effects on other parties. No relief granted or otherwise obtained pursuant to this section shall affect or limit in any way the right, title, or interest of a good faith purchaser, mortgagee, holder of a security interest, or other party who obtained an interest in property after its transfer from the vulnerable adult to the natural person who engaged in financial exploitation. No relief granted or otherwise obtained pursuant to this section shall affect any mortgage deed to the extent of the value provided by the mortgagee.

(d) Statute of limitations. The limitations period imposed by 12 V.S.A. § 511 shall apply to all actions brought pursuant to this subchapter.
33 V.S.A. § 2502 — VT Code / Title 33 / Chapter 25 / Section 2502
§ 2502. Home Weatherization Assistance Program
Status: repealed

(a) The Director of the State Office of Economic Opportunity shall administer the Home Weatherization Assistance Program under such rules, regulations, funding, and funding requirements as may be imposed by federal law.

(b) In addition, the Director shall supplement or supplant any federal program with the State Home Weatherization Assistance Program.

(1) The State Program shall provide an enhanced weatherization assistance amount exceeding the federal per-unit limit allowing amounts up to an average of $15,300.00 per unit allocated on a cost-effective basis. The allowable average per unit of multifamily buildings will be $4,500.00. In units where costs exceed the allowable average by more than 25 percent, prior approval of the Director of the State Economic Opportunity Office shall be required before work commences. This amount shall be adjusted annually to account for inflation of materials and labor.

(2) The State program shall provide amounts for low-income customers utilizing any high operating cost fuel, to convert to another fuel source under rules adopted by the Director based on the cost effectiveness of the converted facility over the life cycle of the equipment.

(3) The Director, in collaboration with the weatherization service providers and other stakeholders, shall develop the State program so that it will include:

(A) Facilitating the development and implementation of a statewide common energy-audit tool or tools that work well on all Vermont housing, including multifamily buildings.

(B) With regard to multifamily buildings, requiring either of the following requirements to be met:

(i) At least 25 percent or more of the tenants in the building are eligible for the Program.

(ii) At least 50 percent of the units are weatherization affordable, and at least one tenant of the building has applied for the Program and has been determined to be eligible. For purposes of this subdivision (ii), “weatherization affordable” means a unit having a rent that is established at less than 30 percent of the income level established by computing 80 percent of the area median income level or 80 percent of the State median income level, whichever is higher, for the relevant household size. Relevant household size means the number of bedrooms in the unit plus one.

(C) Establishing Program eligibility levels at 80 percent of the area median income or 80 percent of the State median income, whichever is higher. Subject to the priority under section 2608 of this title given to participants in the Home Heating Fuel Assistance Program, the State program shall, when weighing factors to assign priority to buildings or units eligible for weatherization assistance, assign the greatest weight to those buildings and units that require the highest energy usage.

(D) Eliminating the lien requirements on weatherized rental properties, so long as the landlord executes a rent stabilization agreement that has a term of at least one year.

(E) Generally, allowing flexibility to accommodate special circumstances in which greater energy savings can be realized or health and safety problems may be alleviated.

(F) Increasing the number of low-income homes weatherized each year, or the scope of services provided, or both, to reflect increased revenues in the Home Weatherization Assistance Fund.

(G) With respect to multifamily buildings housing recipients of home heating fuel assistance under chapter 26 of this title, targeted outreach efforts to ensure the highest weatherization participation rates by owners of such buildings.

(4) Funding for the installation of solar domestic hot water systems and other renewable energy systems on eligible homes, where cost-effective and consistent with other Program needs.

(c) The Director shall require landlords that are not income eligible to enter into a rent stabilization agreement that takes into account the energy cost reductions projected to be obtained by eligible tenants of the unit. The time periods established for rent stabilization shall be set taking into account the size of benefits received by tenants and landlords as well as the effect on Program participation.

(d) Subject to budgetary approval by the General Assembly or approval by the Emergency Board, amounts in the Home Weatherization Assistance Fund created by section 2501 of this title may be transferred to the Home Heating Fuel Assistance Program and used for energy assistance to persons with low income, provided that such transfer does not reduce the fiscal capacity of the State Office of Economic Opportunity to meet the budgetary obligations of the Weatherization Program as set forth in this chapter and that in the event of approval by the Emergency Board, the Emergency Board so certifies.

(e) [Repealed.]
33 V.S.A. § 1103 — VT Code / Title 33 / Chapter 11 / Section 1103
§ 1103. Eligibility and benefit levels
Status: repealed

(a) Financial assistance shall be given for the benefit of a dependent child to the relative or caretaker with whom the child is living, unless otherwise provided. The amount of financial assistance to which an eligible person is entitled shall be determined with due regard to the income, resources, and maintenance available to that person and, as far as funds are available, shall provide that person a reasonable subsistence compatible with decency and health. The Commissioner may fix by rule maximum amounts of financial assistance and act to ensure that the expenditures for the programs shall not exceed appropriations for them consistent with section 101 of this title. In no case shall the Department expend State funds in excess of the appropriations for the programs under this chapter.

(b) Financial assistance may include the maintenance of one or both parents, if in need and in the dependent child's home, or a relative or caretaker with whom a dependent child is living, if the relative or caretaker is without sufficient means of support.

(c) The Commissioner shall adopt rules for the determination of eligibility for the Reach Up program and benefit levels for all participating families that include the following provisions:

(1) Not less than the first $350.00 per month of earnings from an unsubsidized or subsidized job and 25 percent of the remaining earnings shall be disregarded in determining the amount of the family's financial assistance grant. The family shall receive the difference between countable income and the Reach Up payment standard in a partial financial assistance grant.

(2) [Repealed.]

(3) Each family development plan shall provide for an incentive payment to be paid to the participating family for completing a required activity or task.

(4) Education stipends, employment stipends, job training stipends, and incentive payments, as determined by the Commissioner, shall be excluded in calculating the financial assistance grant.

(5)(A) The asset limitation shall be $9,000.00 for families for the purposes of determining initial and continuing eligibility for the Reach Up program, and the following savings accounts shall not be considered in the calculation for determining the asset limitation:

(i) a retirement account, such as an individual retirement arrangement (IRA), a defined contribution plan qualified under 26 U.S.C. § 401(k), or any similar account as defined in 26 U.S.C. § 408; and

(ii) a qualified child education savings account, such as the Vermont Higher Education Investment Plan, established in 16 V.S.A. § 2877, or any similar plan qualified under 26 U.S.C. § 529.

(B) The value of assets accumulated from the earnings of adults and children in participating families and from any federal or Vermont earned income tax credit shall be excluded for purposes of determining continuing eligibility for the Reach Up program.

(6) Transitional medical assistance of up to 36 months shall be provided to families with a working adult who becomes ineligible for financial assistance due to increased earnings, unless family income exceeds 185 percent of the federal poverty level, and provided that federal financial participation is available for such transitional medical assistance.

(7) The equity value of one operable motor vehicle for each adult in the family and the equity value of one operable motor vehicle for any child of driving age who needs a vehicle to attend school or work shall be excluded for purposes of determining eligibility for the Reach Up program. The Commissioner shall take all steps necessary to retain current resource protections under the Supplemental Nutrition Assistance Program (SNAP) so that the rules under SNAP and the Reach Up program are compatible.

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

(9) [Repealed.]

(d) In determining eligibility and benefit levels for two-parent participating families, the Commissioner shall:

(1) Allow two-parent families with earned income who would otherwise qualify for assistance to receive financial assistance, regardless of the number of hours worked, and supplement their earnings with partial financial assistance and medical assistance.

(2) Eliminate the requirements for two-parent families that the primary worker must have worked at least six quarters and be unemployed for at least 30 days. It is the intent of this subdivision that two-parent and one-parent families receive financial assistance under more similar rules.

(e) In determining eligibility and benefit levels for parents who are under 18 in participating families, the Commissioner shall:

(1) Require parents who are under 18 to attend school or an appropriate alternative education or training activity.

(2) Ensure that the family development plan of a parent who is under 18 includes a requirement to take part in a case-managed support, education, and training program.

(3) Adopt rules, which shall include appropriate exemptions, requiring parents who are under 18 and who are not emancipated minors in accordance with 12 V.S.A. § 7151 to live with a parent or in an approved supervised living arrangement. The sanctions provided for noncompliance with a Reach Up family development plan requirement under section 1116 of this title shall apply to noncompliance with the rules adopted under this subdivision.

(4) Allow parents who are under 18 and who live with their parents to have their eligibility for the Reach Up program and the amount of their financial assistance grant determined without consideration of their parents' income.

(f) The Commissioner shall disregard not less than $100.00 per month of child support payments in determining eligibility and benefit levels for participating families.

(g) The Commissioner shall use the family composition rules applicable to the welfare demonstration project established pursuant to 1994 Acts and Resolves No. 106 in determining eligibility and benefit levels for a financial assistance grant.

(h) The Department shall offer every eligible family the option of electronic or direct payment of financial assistance for the family's housing or other expenses to the person providing the lodging, utilities, or other service as provided for by rule.
33 V.S.A. § 7305 — VT Code / Title 33 / Chapter 73 / Section 7305
§ 7305. Readmission
Status: in_force

Notwithstanding any provision of this chapter to the contrary, a facility may petition the Commissioner of Disabilities, Aging, and Independent Living to deny readmission to the facility of any former resident returning from a period of hospitalization. A petition shall be made as soon as possible after the hospitalization of the resident and only shall be granted if in the judgment of the Commissioner, upon consultation with the State Long-Term Care Ombudsman, the resident has exhibited a nonremedial pattern of violent behavior that poses a danger to others.
33 V.S.A. § 2091 — VT Code / Title 33 / Chapter 19 / Section 2091
§ 2091. Dr. Dynasaur-like coverage; legislative intent
Status: in_force

In establishing Dr. Dynasaur-like coverage for children and pregnant individuals who are not eligible for the Dr. Dynasaur program because of their immigration status, it is the intent of the General Assembly that the hospital, medical, dental, and prescription drug benefits and eligibility criteria for the coverage set forth in section 2092 of this chapter should align to the greatest extent practicable with the benefits and eligibility criteria of the Dr. Dynasaur program.
33 V.S.A. § 1108 — VT Code / Title 33 / Chapter 11 / Section 1108
§ 1108. Limits on family financial assistance
Status: in_force

(a) Except for grants to children in the care of persons other than their parents, only participating families who have received fewer than 60 cumulative months of financial assistance in which the family was not granted a deferment, including those months in which any type of cash assistance funded by a TANF block grant was received in other states or territories of the United States, shall be eligible for benefits under the Reach Up program.

(b) The Department shall not count toward the Reach Up program's cumulative 60-month lifetime eligibility period any months in which:

(1) the participant is not able to work;

(2) the participant is a parent or caretaker who is caring for a child under one year of age, in accordance with criteria established by rule pursuant to 3 V.S.A. chapter 25;

(3) the participant is affected by domestic violence in accordance with criteria established by rule pursuant to 3 V.S.A. chapter 25; and

(4) the participant is needed in the home on a full-time basis to care for an ill or disabled parent, spouse, or child in accordance with criteria established by rule pursuant to 3 V.S.A. chapter 25.

(c) The cumulative 60-month lifetime eligibility period shall not begin to toll until the parent or parents of a participating family have reached 18 years of age.

(d) Notwithstanding subsection (a) of this section, a participating family that does not meet any of the criteria under subsection (b) of this section and that has exceeded the cumulative 60-month lifetime eligibility period set forth in subsection (a) of this section shall qualify for a hardship exemption that allows the adult member of the participating family to continue to receive financial assistance if the participating adult is engaged in any of the work activities listed in subdivision 1101(2) of this chapter, with the exception of subdivision 1101(2)(L) of this chapter.

(e) A participating family that does not qualify for a hardship exemption pursuant to subsection (d) of this section may be eligible to continue receiving benefits under the Reach Up program if the program director, or the program director's designee, determines, on a monthly basis, that the participating adult is actively participating in the universal engagement model, including the process of planning and engaging in goal achievement related to employment, training, education, and addressing obstacles pursuant to subsection 1113(a) of this chapter.
33 V.S.A. § 1953 — VT Code / Title 33 / Chapter 19 / Section 1953
§ 1953. Hospital assessment
Status: in_force

(a) Hospitals shall be subject to an annual assessment as follows:

(1) Beginning July 1, 2012, each hospital's annual assessment, except for hospitals assessed under subdivision (2) of this subsection, shall be six percent of its net patient revenues (less chronic, skilled, and swing bed revenues).

(2) Beginning July 1, 2004, each mental hospital or psychiatric facility's annual assessment shall be 4.21 percent, provided that the U.S. Department of Health and Human Services grants a waiver to the uniform assessment rate pursuant to 42 C.F.R. § 433.68(e). If the U.S. Department of Health and Human Services fails to grant a waiver, mental hospitals and psychiatric facilities shall be assessed under subdivision (1) of this subsection.

(b) Each hospital shall be notified in writing by the Department of the assessment made pursuant to this section. If no hospital submits a request for reconsideration under section 1958 of this title, the assessment shall be considered final.

(c) Each hospital shall submit its assessment to the Department according to a payment schedule adopted by the Commissioner. Variations in payment schedules shall be permitted as deemed necessary by the Commissioner.

(d) Any hospital that fails to make a payment to the Department on or before the specified schedule, or under any schedule for delayed payments established by the Commissioner, shall be assessed not more than $1,000.00. The Commissioner may waive this late payment assessment provided for in this subsection for good cause shown by the hospital.
33 V.S.A. § 1814 — VT Code / Title 33 / Chapter 18 / Section 1814
§ 1814. Maximum out-of-pocket limit for prescription drugs in bronze plans
Status: in_force

(a)(1) Notwithstanding any provision of 8 V.S.A. § 4092 to the contrary, the Green Mountain Care Board may approve modifications to the out-of-pocket prescription drug limit established in 8 V.S.A. § 4092 for one or more bronze-level plans, as long as the Board finds that the offering of such plans will not adversely impact the plan options available to consumers with high prescription drug needs who benefit from the out-of-pocket prescription drug limit established in 8 V.S.A. § 4092.

(2) The Department of Vermont Health Access shall certify at least two standard bronze-level plans that include the out-of-pocket prescription drug limit established in 8 V.S.A. § 4092, as long as the plans comply with federal requirements. Notwithstanding any provision of 8 V.S.A. § 4092 to the contrary, the Department may certify one or more bronze-level qualified health benefit plans with modifications to the out-of-pocket prescription drug limit established in 8 V.S.A. § 4092.

(b)(1) For each individual enrolled in a bronze-level qualified health benefit plan for the previous two plan years who had out-of-pocket prescription drug expenditures that met the out-of-pocket prescription drug limit established in 8 V.S.A. § 4092 for the most recent plan year for which information is available, the health insurer shall, absent an alternative plan selection or plan cancellation by the individual, automatically reenroll the individual in a bronze-level qualified health plan for the forthcoming plan year with an out-of-pocket prescription drug limit at or below the limit established in 8 V.S.A. § 4092.

(2) Prior to reenrolling an individual in a plan pursuant to subdivision (1) of this subsection, the health insurer shall notify the individual of the insurer's intent to reenroll the individual automatically in a bronze-level qualified health plan for the forthcoming plan year with an out-of-pocket prescription drug limit at or below the limit established in 8 V.S.A. § 4092 unless the individual contacts the insurer to select a different plan and of the availability of bronze-level plans with higher out-of-pocket prescription drug limits. The health insurer shall collaborate with the Department of Vermont Health Access and the Office of the Health Care Advocate as to the notification's form and content.
33 V.S.A. § 5225 — VT Code / Title 33 / Chapter 52 / Section 5225
§ 5225. Preliminary hearing; risk assessment
Status: in_force

(a) Preliminary hearing. A preliminary hearing shall be held at the time and date specified on the citation or as otherwise ordered by the court. If a child is taken into custody prior to the preliminary hearing, the preliminary hearing shall be at the time of the temporary care hearing. Counsel for the child shall be assigned prior to the preliminary hearing.

(b) Risk and needs screening.

(1) Prior to the preliminary hearing, the child shall be afforded an opportunity to undergo 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 need screenings for children alleged to have committed delinquent acts.

(2) If the child participates in such a screening, 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. The State's Attorney shall consider the results of the risk and needs screening in determining whether to file a charge. In lieu of filing a charge, the State's Attorney may refer a child directly to a youth-appropriate community-based provider that has been approved by the Department, which may include pre-charge diversion pursuant to 3 V.S.A. § 163, a community justice center, or a balanced and restorative justice program. Referral to a community-based provider pursuant to this subsection shall not require the State's Attorney to file a charge. If the community-based provider does not accept the case or if the child fails to complete the program in a manner deemed satisfactory and timely by the provider, the child's case shall return to the State's Attorney for charging consideration.

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

(4) If a charge is brought in the Family Division, the risk level result shall be provided to the child's attorney.

(c) Referral to diversion. Based on the results of the risk and needs screening, if a child presents a low to moderate risk to reoffend, the State's Attorney shall refer the child directly to court diversion unless the State's Attorney states on the record why a referral to court diversion would not serve the ends of justice. If the court diversion program does not accept the case or if the child fails to complete the program in a manner deemed satisfactory and timely by the provider, the child's case shall return to the State's Attorney for charging consideration.

(d) Guardian ad litem. At the preliminary hearing, the court shall appoint a guardian ad litem for the child. The guardian ad litem may be the child's parent, guardian, or custodian. On its own motion or motion by the child's attorney, the court may appoint a guardian ad litem other than a parent, guardian, or custodian.

(e) Admission; denial. At the preliminary hearing, a denial shall be entered to the allegations of the petition, unless the juvenile, after adequate consultation with the guardian ad litem and counsel, enters an admission. If the juvenile enters an admission, the disposition case plan required by section 5230 of this title may be waived and the court may proceed directly to disposition, provided that the juvenile, the custodial parent, the State's Attorney, the guardian ad litem, and the Department agree.

(f) Conditions. The court may order the child to abide by conditions of release pending a merits or disposition hearing.
33 V.S.A. § 1908a — VT Code / Title 33 / Chapter 19 / Section 1908a
§ 1908a. Vermont Partnership for Long-Term Care
Status: in_force

(a) The Secretary of Human Services or his or her designee, in consultation with the Commissioner of Financial Regulation, shall establish by rule the Vermont Partnership for Long-Term Care Program.

(b) The Program shall provide Medicaid extended coverage to an individual receiving long-term care services if there is federal participation for such coverage, and if the individual:

(1) is or was covered by a long-term care insurance policy under 8 V.S.A. chapter 154 that provides coverage for three years of long-term care services in an amount that, in combination with other resources available to the individual, is sufficient to permit the individual to pay for the individual's own care while the policy remains in force and that is precertified by the Department of Financial Regulation pursuant to subsection (c) of this section;

(2) meets any other requirements for approval of participation under the Program; and

(3) has exhausted coverage and benefits under the long-term care insurance policy as required by the Program.

(c)(1) The Department of Financial Regulation shall adopt rules for precertification of long-term care partnership policies and for the information needed to evaluate the Program. The Department of Financial Regulation shall consider whether all precertified policies should require:

(A) protection against loss of benefits due to inflation;

(B) coverage of individual assessment and case management;

(C) a minimum level of covered benefits, including coverage of long-term care services as defined in subsection (g) of this section;

(D) the option of a nonforfeiture benefit;

(E) a level premium;

(F) information to the purchaser about available consumer information and public education provided by the Department of Financial Regulation and the Department of Vermont Health Access; and

(G) Program information, using the uniform data set developed by other states with long-term care partnership programs, and reports necessary to document the extent of the Medicaid resource protection offered and to evaluate the partnership for long-term care.

(2) The Department of Financial Regulation shall not require all long-term care partnership insurance policies to be federally tax-qualified long-term care insurance policies.

(d) The Secretary or his or her designee may enter into reciprocal agreements with other states to extend the benefits of the Vermont Partnership for Long-Term Care Program to Vermont residents who had purchased qualified long-term care policies in other states.

(e) The Agency and the Department of Financial Regulation shall make available consumer information regarding the Long-Term Care Partnership Program. The Secretary and Commissioner may allocate responsibilities for providing consumer information between the Agency and Department.

(f) As used in this section:

(1) “Long-term care services” includes care, treatment, maintenance, and services:

(A) provided in a nursing facility;

(B) provided in a residential care home or assisted living residence;

(C) provided by a home care services agency, certified home health agency, or long-term home health care program;

(D) provided by an adult day care program;

(E) provided by a personal care provider licensed or regulated by any other State or local agency; and

(F) such other long-term care services as determined by the Secretary or his or her designee for which medical assistance is otherwise available under the Medicaid program.

(2) “Medicaid extended coverage” means eligibility for medical assistance without regard to the resource requirements of the Medicaid program and without regard to the recovery of medical assistance from the estates of individuals and the imposition of liens pursuant to the requirements of the Medicaid program; provided, however, that nothing in this section shall prevent the imposition of a lien or recovery against property of an individual on account of medical assistance incorrectly paid. Nothing in this section shall modify what medical assistance is covered by Medicaid.