33 V.S.A. § 5902 — VT Code / Title 33 / Chapter 59 / Section 5902
§ 5902. Definitions-Article II [Contingently repealed; effective until contingency met]
Status: in_force

As used in this compact:

(1) “Child” means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control.

(2) “Sending agency” means a party state, officer or employee thereof; a subdivision of a party state, or officer, or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state.

(3) “Receiving state” means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

(4) “Placement” means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective, or epileptic or any institution primarily educational in character, and any hospital or other medical facility.

As used in this chapter:

(1) “Approved placement” means the public child placing agency in the receiving state has determined that the placement is both safe and suitable for the child.

(2) “Assessment” means an evaluation of a prospective placement by a public child placing agency in the receiving state to determine if the placement meets the individualized needs of the child, including but not limited to the child's safety and stability, health and well-being, and mental, emotional, and physical development. An assessment is only applicable to a placement by a public child placing agency.

(3) “Child” means an individual who has not attained 18 years of age.

(4) “Certification” means to attest, declare, or swear to before a judge or notary public.

(5) “Default” means the failure of a member state to perform the obligations or responsibilities imposed upon it by this Compact, the bylaws, or rules of the Interstate Commission.

(6) “Home Study” means an evaluation of a home environment conducted in accordance with the applicable requirements of the state in which the home is located, and documents the preparation and the suitability of the placement resource for placement of a child in accordance with the laws and requirements of the state in which the home is located.

(7) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaskan native village as defined in section 3(c) of the Alaska Native Claims settlement Act at 43 U.S.C. § 1602(c).

(8) “Interstate Commission for the Placement of Children” means the commission that is created under section 5908 of this title and that is generally referred to as the Interstate Commission.

(9) “Jurisdiction” means the power and authority of a court to hear and decide matters.

(10) “Legal Risk Placement” (Legal Risk Adoption) means a placement made preliminary to an adoption where the prospective adoptive parents acknowledge in writing that a child can be ordered returned to the sending state or the birth mother's state of residence, if different from the sending state, and a final decree of adoption shall not be entered in any jurisdiction until all required consents are obtained or are dispensed with in accordance with applicable law.

(11) “Member state” means a state that has enacted this Compact.

(12) “Noncustodial parent” means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of a child, and who is not the subject of allegations or findings of child abuse or neglect.

(13) “Nonmember state” means a state that has not enacted this Compact.

(14) “Notice of residential placement” means information regarding a placement into a residential facility provided to the receiving state, including but not limited to the name, date and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed. Notice of residential placement shall also include information regarding a discharge and any unauthorized absence from the facility.

(15) “Placement” means the act by a public or private child placing agency intended to arrange for the care or custody of a child in another state.

(16) “Private child placing agency” means any private corporation, agency, foundation, institution, or charitable organization or any private person or attorney that facilitates, causes, or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under color of state law.

(17) “Provisional placement” means a determination made by the public child placing agency in the receiving state that the proposed placement is safe and suitable, and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as to not delay the placement. Completion of the receiving state requirements regarding training for prospective foster or adoptive parents shall not delay an otherwise safe and suitable placement.

(18) “Public child placing agency” means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether they act on behalf of a state, county, municipality, or other governmental unit, that facilitates, causes, or is involved in the placement of a child from one state to another.

(19) “Receiving state” means the state to which a child is sent, brought, or caused to be sent or brought.

(20) “Relative” means someone who is related to the child as a parent, step-parent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a non-relative with such significant ties to the child that the person may be regarded as a relative as determined by the court in the sending state.

(21) “Residential facility” means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care and is beyond what is needed for assessment or treatment of an acute condition. For purposes of the Compact, residential facilities do not include institutions primarily educational in character, hospitals, or other medical facilities.

(22) “Rule” means a written directive, mandate, standard, or principle issued by the Interstate Commission promulgated pursuant to section 5911 of this title that is of general applicability and that implements, interprets, or prescribes a policy or provision of the Compact. “Rule” has the force and effect of an administrative rule in a member state and includes the amendment, repeal, or suspension of an existing rule.

(23) “Sending state” means the state from which the placement of a child is initiated.

(24) “Service member's permanent duty station” means the military installation where an active duty U.S. Armed Forces member is currently assigned and is physically located under competent orders that do not specify the duty as temporary.

(25) “Service member's state of legal residence” means the state in which the active duty U.S. Armed Forces member is considered a resident for tax and voting purposes.

(26) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other territory of the United States.

(27) “State court” means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or status offenses of individuals who have not attained 18 years of age.

(28) “Supervision” means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to this Compact. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 5310 — VT Code / Title 33 / Chapter 53 / Section 5310
§ 5310. Petition; contents
Status: in_force

(a) The petition shall be supported by an affidavit of an officer or the Department.

(b) The petition shall contain the following:

(1) A concise statement of the facts that support the conclusion that the child is a child in need of care or supervision together with a statement that it is in the best interests of the child that the proceedings be brought.

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

(3) Jurisdictional information required pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, 15 V.S.A. chapter 20.
33 V.S.A. § 7106 — VT Code / Title 33 / Chapter 71 / Section 7106
§ 7106. Variance
Status: in_force

(a) The licensing agency may grant a variance from the provisions of this chapter or a rule adopted pursuant to this chapter.

(b) Variances may be granted upon determination that:

(1) strict compliance would impose a substantial hardship on the licensee;

(2) the licensee will otherwise meet the goal of the statutory provision or rule; and

(3) a variance will not result in less protection of the health, safety, and welfare of the residents.

(c) A variance shall not be granted from a provision of this chapter or a rule pertaining to residents' rights.
33 V.S.A. § 2111 — VT Code / Title 33 / Chapter 21 / Section 2111
§ 2111. Death
Status: in_force

When a person, including a transient, dies in the State in other than a State institution and no one appears to make funeral arrangements, the person in charge thereof shall report the death of the person to the nearest Economic Services Division office.
33 V.S.A. § 6502 — VT Code / Title 33 / Chapter 65 / Section 6502
§ 6502. Balance billing prohibited
Status: in_force

A physician who agrees to treat a Medicare or General Assistance beneficiary shall not balance bill the beneficiary except as provided in section 6503 of this chapter.
33 V.S.A. § 5123 — VT Code / Title 33 / Chapter 51 / Section 5123
§ 5123. Transportation of a child
Status: in_force

(a) The Commissioner for Children and Families shall ensure that all reasonable and appropriate measures consistent with public safety are made to transport or escort a child subject to this chapter in a manner that:

(1) reasonably avoids physical and psychological trauma;

(2) respects the privacy of the child; and

(3) represents the least restrictive means necessary for the safety of the child.

(b) The Commissioner for Children and Families shall have the authority to select the person or persons who may transport a child under the Commissioner's care and custody.

(c) The Commissioner shall ensure supervisory review of every decision to transport a child using mechanical restraints. When transportation with restraints for a particular child is approved, the reasons for the approval shall be documented in writing.

(d) It is the policy of the State of Vermont that mechanical restraints are not routinely used on children subject to this chapter unless circumstances dictate that such methods are necessary.
33 V.S.A. § 8004 — VT Code / Title 33 / Chapter 80 / Section 8004
§ 8004. Reports
Status: in_force

(a) In general. The Treasurer or designee shall make such reports regarding the Program to the Secretary and to designated beneficiaries with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary may require.

(b) Notice of establishment of account. The Treasurer or designee shall submit a notice to the Secretary upon the establishment of an ABLE account that includes the name and state of residence of the designated beneficiary and such other information as the Secretary may require.

(c) Electronic distribution statements. The Treasurer or designee shall submit electronically on a monthly basis to the Commissioner of Social Security, in the manner specified by the Commissioner, statements on relevant distributions and account balances from all ABLE accounts created under the Vermont ABLE Savings Program.

(d) Requirements. The Treasurer or designee shall file the reports and notices required under this section at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary.
33 V.S.A. § 7205 — VT Code / Title 33 / Chapter 71 / Section 7205
§ 7205. Appointment of receiver; recommendations by licensing agency
Status: in_force

Not less than two days prior to the hearing on the merits, the Commissioner shall file with the court a list of recommended persons to consider for appointment as the receiver, which may include licensed nursing home administrators or other qualified persons with experience in the delivery of health care services and the operation of a long-term care facility. The list shall include a minimum of three recommended persons and shall include the names and the qualifications of the persons.
33 V.S.A. § 5258 — VT Code / Title 33 / Chapter 52 / Section 5258
§ 5258. Postdisposition review and permanency review for delinquents in custody
Status: in_force

Whenever custody of a delinquent child is transferred to the Commissioner or the court orders conditional custody of a child, the custody order of the court shall be subject to a postdisposition review hearing pursuant to section 5320 of this title and permanency reviews pursuant to section 5321 of this title. At the permanency review, the court shall review the permanency plan and determine whether the plan advances the permanency goal recommended by the Department. The court may accept or reject the plan, but may not designate a particular placement for a child in the Department's legal custody. Any conditional custody order shall be subject to review pursuant to section 5258a of this title.
33 V.S.A. § 5927 — VT Code / Title 33 / Chapter 59 / Section 5927
§ 5927. Executive head [Contingently repealed; effective until contingency met]
Status: in_force

As used in Article VII of the Interstate Compact on the Placement of Children, the term “executive head” means the Secretary of the Agency of Human Services. The Secretary of the Agency of Human Services is hereby authorized to appoint a compact administrator in accordance with the terms of said Article VII.
33 V.S.A. § 5288 — VT Code / Title 33 / Chapter 52A / Section 5288
§ 5288. Rights of victims in youthful offender proceedings
Status: in_force

(a) The victim in a proceeding involving a youthful offender shall have the following rights:

(1) To be notified by the prosecutor in a timely manner:

(A) when a court proceeding is scheduled to take place and when a court proceeding to which the victim has been notified will not take place as scheduled; and

(B) of any conditions of release or conditions of probation and of any restitution unless otherwise limited by court order.

(2) 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; 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.

(3) To be notified by the agency having custody of the youth before the youth is released into the community from a secure or staff-secured residential facility.

(4) To be notified by the prosecutor as to the final disposition of the case.

(5) To be notified by the prosecutor of the victim's rights under this section.

(b) In accordance with court rules, at a hearing on a motion for youthful offender treatment, the court shall ask if the victim is present and, if so, whether the victim would like to be heard regarding disposition. In ordering disposition, the court shall consider any views offered at the hearing by the victim. If the victim is not present, the court shall ask whether the victim has expressed, either orally or in writing, views regarding disposition and shall take those views into consideration in ordering disposition.

(c) No youthful offender proceeding shall be delayed or voided by reason of the failure to give the victim the required notice or the failure of the victim to appear.

(d) As used in this section, “victim” shall have the same meaning as in 13 V.S.A. § 5301(4).

(e) This section shall not prohibit a victim from discussing underlying facts of the alleged offense that resulted in death or physical, emotional, or financial injury to the victim, provided that, unless otherwise provided by law or court order, a victim shall not disclose what occurs during a court proceeding or information learned through a court proceeding that is not an underlying fact of the alleged offense that resulted in death or physical, emotional, or financial injury to the victim.
33 V.S.A. § 6963 — VT Code / Title 33 / Chapter 69 / Section 6963
§ 6963. Confidentiality
Status: in_force

(a) The Team's proceedings and records are confidential and exempt from public inspection and copying under the Public Records Act and shall not be released. Such information shall not be subject to subpoena or discovery or be admissible in any civil or criminal proceedings; provided, however, that nothing in this subsection shall be construed to limit or restrict the right to discover or use in any civil or criminal proceedings anything that is available from another source and entirely independent of the Team's review. The Team shall not use information, records, or data that it obtains or generates for purposes other than those described in this subchapter.

(b) The Team's conclusions and recommendations may be disclosed, but shall not identify or allow for the identification of any person or entity.

(c) Meetings of the Team are confidential and shall be exempt from the Vermont Open Meeting Law. The Secretary of the Team shall maintain any records, including meeting minutes, generated by the Team.

(d) Team members and persons invited to assist the Team shall not reveal information, records, discussions, and opinions disclosed in connection with the Team's work, and shall execute a sworn statement to honor the confidentiality of such information, records, discussions, and opinions. The Chair of the Team shall be responsible for obtaining and maintaining confidentiality agreements.
33 V.S.A. § 6505 — VT Code / Title 33 / Chapter 65 / Section 6505
§ 6505. Assistance with claims required
Status: in_force

A physician who agrees to treat a Medicare beneficiary shall prepare the Medicare claim for the beneficiary.
33 V.S.A. § 5271 — VT Code / Title 33 / Chapter 52 / Section 5271
§ 5271. Discharge from probation
Status: in_force

(a) The court placing a juvenile on probation may terminate probation and discharge the juvenile at any time.

(b) Upon the termination of the period of probation, the juvenile probationer shall be discharged from probation.
33 V.S.A. § 1803 — VT Code / Title 33 / Chapter 18 / Section 1803
§ 1803. Vermont Health Benefit Exchange
Status: in_force

(a)(1) The Department of Vermont Health Access shall establish the Vermont Health Benefit Exchange, which shall be administered by the Department in consultation with the Advisory Committee established in section 402 of this title.

(2) The Vermont Health Benefit Exchange shall be considered a division within the Department of Vermont Health Access and shall be headed by a Deputy Commissioner as provided in 3 V.S.A. chapter 53.

(b)(1)(A) The Vermont Health Benefit Exchange shall provide qualified individuals and qualified employers with qualified health benefit plans, including the multistate plans required by the Affordable Care Act, with effective dates beginning on or before January 1, 2014. The Vermont Health Benefit Exchange may contract with qualified entities or enter into intergovernmental agreements to facilitate the functions provided by the Vermont Health Benefit Exchange.

(B) Prior to contracting with any health insurer, the Vermont Health Benefit Exchange shall consider the insurer's historic rate increase information required under section 1806 of this title, along with the information and the recommendations provided to the Vermont Health Benefit Exchange by the Commissioner of Financial Regulation under Section 2794(b)(1)(B) of the federal Public Health Service Act.

(2) To the extent allowable under federal law, the Vermont Health Benefit Exchange may offer health benefits to populations in addition to those eligible under Subtitle D of Title I of the Affordable Care Act, including:

(A) to individuals and employers who are not qualified individuals or qualified employers as defined by this subchapter and by the Affordable Care Act;

(B) Medicaid benefits to individuals who are eligible, upon approval by the Centers for Medicare and Medicaid Services and provided that including these individuals in the Health Benefit Exchange would not reduce their Medicaid benefits;

(C) Medicare benefits to individuals who are eligible, upon approval by the Centers for Medicare and Medicaid Services and provided that including these individuals in the Health Benefit Exchange would not reduce their Medicare benefits; and

(D) State employees and municipal employees, including teachers.

(3) To the extent allowable under federal law, the Vermont Health Benefit Exchange may offer health benefits to employees for injuries arising out of or in the course of employment in lieu of medical benefits provided pursuant to 21 V.S.A. chapter 9 (workers' compensation).

(4) To the extent permitted by the U.S. Department of Health and Human Services, the Vermont Health Benefit Exchange shall permit qualified individuals and qualified employers to purchase qualified health benefit plans through the Exchange website, through navigators, by telephone, or directly from a health insurer under contract with the Vermont Health Benefit Exchange.

(c)(1) The Vermont Health Benefit Exchange may determine an appropriate method to provide a unified, simplified administration system for health insurers offering qualified health benefit plans. The Exchange may include claims administration, benefit management, billing, or other components in the unified system and may achieve simplification by contracting with a single entity for administration and management of all qualified health benefit plans, by licensing or requiring the use of particular software, by requiring health insurers to conform to a standard set of systems and rules, or by another method determined by the Commissioner.

(2) The Vermont Health Benefit Exchange may offer certain services, such as wellness programs and services designed to simplify administrative processes, to health insurers offering plans outside the Exchange, to workers' compensation insurers, to employers, and to other entities.

(d) The Vermont Health Benefit Exchange may enter into information-sharing agreements with federal and State agencies and other state exchanges to carry out its responsibilities under this subchapter, provided such agreements include adequate protections with respect to the confidentiality of the information to be shared and provided such agreements comply with all applicable State and federal laws and regulations.
33 V.S.A. § 1829 — VT Code / Title 33 / Chapter 18 / Section 1829
§ 1829. Green Mountain Care Fund
Status: in_force

(a) The Green Mountain Care Fund is established in the State Treasury as a special fund to be the single source to finance health care coverage for Green Mountain Care.

(b) Into the Fund shall be deposited:

(1) transfers or appropriations from the General Fund, authorized by the General Assembly;

(2) if authorized by a waiver from federal law, federal funds for Medicaid, Medicare, and the Vermont Health Benefit Exchange established in chapter 18, subchapter 1 of this title; and

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

(c) The Fund shall be administered pursuant to 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fund and any remaining balance shall be retained in the Fund. The Agency shall maintain records indicating the amount of money in the Fund at any time.

(d) All monies received by or generated to the Fund shall be used only for:

(1) the administration and delivery of health services covered by Green Mountain Care as provided in this subchapter; and

(2) expenses related to the duties and operation of the Green Mountain Care Board pursuant to 18 V.S.A. chapter 220.
33 V.S.A. § 1306 — VT Code / Title 33 / Chapter 13 / Section 1306
§ 1306. Application and investigation
Status: in_force

Applications for State aid to the aged, blind, or disabled may be made at any office of the Department for Children and Families. Upon receipt of an application, the Commissioner for Children and Families shall investigate and prescribe the amount of the grant to be given, if any. No individual shall receive more than one type of grant or aid under this chapter.
33 V.S.A. § 4914 — VT Code / Title 33 / Chapter 49 / Section 4914
§ 4914. Nature and content of report; to whom made
Status: in_force

A report shall be made orally or in writing to the Commissioner or designee. The Commissioner or designee shall request the reporter to follow the oral report with a written report, unless the reporter is anonymous. Reports shall contain the name and address or other contact information of the reporter as well as the names and addresses of the child and the parents or other persons responsible for the child's care, if known; the age of the child; the nature and extent of the child's injuries together with any evidence of previous abuse and neglect of the child or the child's siblings; and any other information that might be helpful in establishing the cause of the injuries or reasons for the neglect as well as in protecting the child and assisting the family. If a report of child abuse or neglect involves the acts or omissions of the Commissioner or employees of the Department, then the report shall be directed to the Secretary of Human Services who shall cause the report to be investigated by other appropriate Agency staff. If the report is substantiated, services shall be offered to the child and to his or her family or caretaker according to the requirements of section 4915b of this title.
33 V.S.A. § 3605 — VT Code / Title 33 / Chapter 36 / Section 3605
§ 3605. Rights of the State
Status: in_force

Nothing in this chapter shall be construed to interfere with the right of the State to:

(1) carry out the statutory mandate and goals of the Agency of Human Services and to use personnel, methods, and means in the most appropriate manner possible;

(2) with the approval of the Governor, take whatever action may be necessary to carry out the mission of the Agency of Human Services in an emergency situation;

(3) comply with federal and State laws, rules, and regulations regarding child care and child care subsidies;

(4) enforce child care rules and regulatory processes, including rules regarding the qualifications of early care and education providers and the prevention of abuse in connection with the provisions of child care services;

(5) develop child care rules and regulatory processes subject to the rulemaking authority of the General Assembly and the Human Services Board;

(6) establish and administer quality standards under the STep Ahead Recognition System;

(7) solicit and accept for use any grant of money, services, or property from the federal government, the State, or any political subdivision or agency of the State, including federal matching funds, and to cooperate with the federal government or any political subdivision or agency of the State in making an application for any grant; and

(8) refuse to take any action that would diminish the quantity or quality of child care provided under existing law.
33 V.S.A. § 5907 — VT Code / Title 33 / Chapter 59 / Section 5907
§ 5907. Placing agency responsibility [Contingently enacted]
Status: in_force

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his or her jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

(a) For the interstate placement of a child made by a public child placing agency or state court:

(1) The public child placing agency in the sending state shall have financial responsibility for:

(A) the ongoing support and maintenance for the child during the period of the placement, unless otherwise provided for in the receiving state; and

(B) as determined by the public child placing agency in the sending state, services for the child beyond the public services for which the child is eligible in the receiving state.

(2) The receiving state shall only have financial responsibility for:

(A) any assessment conducted by the receiving state; and

(B) supervision conducted by the receiving state at the level necessary to support the placement as agreed upon by the public child placing agencies of the receiving and sending state.

(3) Nothing in this provision shall prohibit public child placing agencies in the sending state from entering into agreements with licensed agencies or persons in the receiving state to conduct assessments and provide supervision.

(b) For the placement of a child by a private child placing agency preliminary to a possible adoption, the private child placing agency shall be:

(1) legally responsible for the child during the period of placement as provided for in the law of the sending state until the finalization of the adoption; and

(2) financially responsible for the child absent a contractual agreement to the contrary.

(c) The public child placing agency in the receiving state shall provide timely assessments, as provided for in the rules of the Interstate Commission.

(d) The public child placing agency in the receiving state shall provide, or arrange for the provision of, supervision and services for the child, including timely reports, during the period of the placement.

(e) Nothing in this Compact shall be construed as to limit the authority of the public child placing agency in the receiving state from contracting with a licensed agency or person in the receiving state for an assessment or the provision of supervision or services for the child or otherwise authorizing the provision of supervision or services by a licensed agency during the period of placement.

(f) Each member state shall provide for coordination among its branches of government concerning the state's participation in, and compliance with, the Compact and Interstate Commission activities, through the creation of an advisory council or use of an existing body or board.

(g) Each member state shall establish a central state compact office, which shall be responsible for state compliance with the Compact and the rules of the Interstate Commission.

(h) The public child placing agency in the sending state shall oversee compliance with the provisions of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) for placements subject to the provisions of this Compact, prior to placement.

(i) With the consent of the Interstate Commission, states may enter into limited agreements that facilitate the timely assessment and provision of services and supervision of placements under this Compact. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 5117 — VT Code / Title 33 / Chapter 51 / Section 5117
§ 5117. Records of juvenile judicial proceedings
Status: in_force

(a) Except as otherwise provided, court and law enforcement reports and files concerning a person subject to the jurisdiction of the court shall be maintained separate from the records and files of other persons. Unless a charge of delinquency is transferred for criminal prosecution under chapter 52 of this title or the court otherwise orders in the interests of the child, such records and files shall not be open to public inspection nor their contents disclosed to the public by any person. However, upon a finding that a child is a delinquent child by reason of commission of a delinquent act that would have been a felony if committed by an adult, the court, upon request of the victim, shall make the child's name available to the victim of the delinquent act. If the victim is incompetent or deceased, the child's name shall be released, upon request, to the victim's guardian or next of kin.

(b)(1) Notwithstanding subsection (a) of this section, inspection of the records and files by or dissemination of the records and files to the following is not prohibited:

(A) a court having the child before it in any juvenile judicial proceeding;

(B) the officers of public institutions or agencies to whom the child is committed as a delinquent child;

(C) a court in which a person is convicted of a criminal offense for the purpose of imposing sentence upon or supervising the person, or by officials of penal institutions and other penal facilities to which the person is committed, or by a parole board in considering the person's parole or discharge or in exercising supervision over the person;

(D) the parties to the proceeding, court personnel, the State's Attorney or other prosecutor authorized to prosecute criminal or juvenile cases under State law, the child's guardian ad litem, the attorneys for the parties, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the child;

(E) the child who is the subject of the proceeding, the child's parents, guardian, and custodian may inspect the records and files upon approval of a Superior Court judge;

(F) any other person who has a need to know may be designated by order of the Family Division of the Superior Court;

(G) the Commissioner of Corrections if the information would be helpful in preparing a presentence report, in determining placement, or in developing a treatment plan for a person convicted of a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3;

(H) the Human Services Board and the Commissioner's Registry Review Unit in processes required under chapter 49 of this title;

(I) the Department for Children and Families;

(J) the Office of the Child, Youth, and Family Advocate for the purpose of carrying out the provisions in chapter 32 of this title;

(K) a service provider named in a disposition order adopted by the court, or retained by or contracted with a party to fulfill the objectives of the disposition order, including referrals for treatment and placement;

(L) a court diversion program or youth-appropriate community-based provider to whom the child is referred by the State's Attorney or the court, if the child accepts the referral;

(M) other State agencies, treatment programs, service providers, or those providing direct support to the youth, for the purpose of providing supervision or treatment to the youth; and

(N) an individual who:

(i) is the subject of the records sought by the request;

(ii) is 18 years of age or older; and

(iii) as a minor, was subject to any juvenile judicial proceeding under this title.

(2) Files inspected under this subsection shall be marked: UNLAWFUL DISSEMINATION OF THIS INFORMATION IS A CRIME PUNISHABLE BY A FINE UP TO $2,000.00.

(c)(1) Upon motion of a party in a divorce or parentage proceeding related to parental rights and responsibilities for a child or parent-child contact, the court may order that court records in a juvenile proceeding involving the same child or children be released to the parties in the divorce proceeding.

(2) Upon the court's own motion in a probate proceeding involving adoption, guardianship, or termination of parental rights, the court may order that court records in a juvenile proceeding involving the same child or children be released to the Probate Division. When the court orders release of records pursuant to this subdivision, the court shall notify the parties that it intends to consider confidential juvenile case information and shall provide the parties with access to the information in a manner that preserves its confidentiality.

(3) Files inspected under this subsection shall be marked: UNLAWFUL DISSEMINATION OF THIS INFORMATION IS A CRIME PUNISHABLE BY A FINE OF UP TO $2,000.00. The public shall not have access to records from a juvenile proceeding that are filed with the court or admitted into evidence in the divorce or parentage proceeding or in the probate proceeding.

(d) Such records and files shall be available to:

(1) State's Attorneys and all other law enforcement officers in connection with record checks and other legal purposes; and

(2) the National Instant Criminal Background Check System in connection with a background check conducted on a person under 22 years of age pursuant to 18 U.S.C. § 922(t)(1)(C) and 34 U.S.C. § 40901(l).

(e) Any records or reports relating to a matter within the jurisdiction of the court prepared by or released by the court or the Department for Children and Families, any portion of those records or reports, and information relating to the contents of those records or reports shall not be disseminated by the receiving persons or agencies to any persons or agencies, other than those persons or agencies authorized to receive documents pursuant to this section.

(f) This section does not provide access to records sealed in accordance with section 5119 of this title unless otherwise provided in section 5119.
33 V.S.A. § 4922 — VT Code / Title 33 / Chapter 49 / Section 4922
§ 4922. Rulemaking
Status: in_force

(a) On or before April 1, 2026, the Commissioner shall file proposed rules pursuant to 3 V.S.A. chapter 25 implementing the provisions of this subchapter to become effective on September 1, 2026. These shall include:

(1) rules setting forth criteria for determining whether to conduct an assessment or an investigation;

(2) rules setting out procedures for assessment and service delivery;

(3) rules outlining procedures for investigations;

(4) rules for conducting the administrative review conference;

(5) rules regarding access to and maintenance of Department records of investigations, assessments, reviews, and responses;

(6) rules regarding the tiered Registry as required by section 4916 of this title;

(7) rules requiring notice and appeal procedures for alternatives to substantiation; and

(8) rules implementing subsections 4916(c) and (e) of this title.

(b) The rules shall strike an appropriate balance between protecting children and respecting the rights of a parent or guardian, including a parent or guardian with disabilities, and shall recognize that persons with a disability can be successful parents. The rules shall include the possible use of adaptive equipment and supports.
33 V.S.A. § 2602b — VT Code / Title 33 / Chapter 26 / Section 2602b
§ 2602b. LIHEAP and weatherization
Status: in_force

Notwithstanding section 2501 of this title, the Secretary of Human Services may transfer up to 15 percent of each federal fiscal year's Low Income Home Energy Assistance Program (LIHEAP) block grant to the Home Weatherization Assistance Program to be used for weatherization projects and program administration allowable under LIHEAP in the same State fiscal year. At the same time, an equivalent transfer shall be made to the Low Income Home Energy Assistance Program from the Home Weatherization Assistance Fund to provide home heating fuel benefits and program administration in the same State fiscal year.
33 V.S.A. § 402 — VT Code / Title 33 / Chapter 4 / Section 402
§ 402. Medicaid and Exchange Advisory Committee
Status: in_force

(a) A Medicaid and Exchange Advisory Committee is created for the purpose of advising the Commissioner of Vermont Health Access with respect to policy development and program administration for the Vermont Health Benefit Exchange, Medicaid, and Medicaid-funded programs, consistent with the requirements of federal law.

(b)(1) The Commissioner of Vermont Health Access shall appoint members of the Advisory Committee established by this section, who shall serve staggered three-year terms. The total membership of the Advisory Committee shall be at least 22 members. The Commissioner may remove members of the Committee who fail to attend three consecutive meetings and may appoint replacements. The Commissioner may reappoint members to serve more than one term.

(2)(A) The Commissioner of Vermont Health Access shall appoint one representative of health insurers licensed to do business in Vermont to serve on the Advisory Committee. The Commissioner of Health shall also serve on the Advisory Committee.

(B) Of the remaining members of the Advisory Committee, one-quarter of the members shall be from each of the following constituencies:

(i) beneficiaries of Medicaid or Medicaid-funded programs;

(ii) individuals, self-employed individuals, health insurance brokers and agents, and representatives of businesses eligible for or enrolled in the Vermont Health Benefit Exchange;

(iii) advocates for consumer organizations; and

(iv) health care professionals and representatives from a broad range of health care professionals.

(3) Members whose participation is not supported through their employment or association shall receive per diem compensation pursuant to 32 V.S.A. § 1010 and reimbursement of travel expenses. In addition, members who are eligible for Medicaid or who are enrolled in a qualified health benefit plan in the Vermont Health Benefit Exchange and whose income does not exceed 300 percent of the federal poverty level shall also receive reimbursement of expenses, including costs of child care, personal assistance services, and any other service necessary for participation in the Advisory Committee and approved by the Commissioner.

(c)(1) The Advisory Committee shall have an opportunity to review and comment on Agency policy initiatives pertaining to quality improvement initiatives and to health care benefits and eligibility for individuals receiving services through Medicaid, programs funded with Medicaid funds under a Section 1115 waiver, or the Vermont Health Benefit Exchange. It also shall have the opportunity to comment on proposed rules prior to commencement of the rulemaking process pursuant to 3 V.S.A. chapter 25 and on waiver or waiver amendment applications prior to submission to the Centers for Medicare and Medicaid Services.

(2) Prior to the annual budget development process, the Department of Vermont Health Access shall engage the Advisory Committee in setting priorities, including consideration of scope of benefits, beneficiary eligibility, health care professional reimbursement rates, funding outlook, financing options, and possible budget recommendations.

(d)(1) The Advisory Committee shall make policy recommendations on proposals of the Department of Vermont Health Access to the Department, the Green Mountain Care Board, the Health Reform Oversight Committee, the Senate Committee on Health and Welfare, and the House Committees on Health Care and on Human Services. When the General Assembly is not in session, the Commissioner shall respond in writing to these recommendations, a copy of which shall be provided to the members of each of the legislative committees of jurisdiction and to the Green Mountain Care Board.

(2) During the legislative session, the Commissioner shall provide the Advisory Committee at regularly scheduled meetings with updates on the status of policy and budget proposals.

(e) The Commissioner shall convene the Advisory Committee at least 10 times during each calendar year. If at least one-third of the members of the Advisory Committee so choose, the members may convene up to four additional meetings per calendar year on their own initiative by sending a request to the Commissioner. The Department shall provide the Committee with staffing and independent technical assistance as needed to enable it to make effective recommendations.

(f) A majority of the members of the Committee shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.
33 V.S.A. § 6705 — VT Code / Title 33 / Chapter 67 / Section 6705
§ 6705. Subrogation
Status: in_force

(a) Upon furnishing medical assistance under chapter 19 of this title to any individual, the Department of Vermont Health Access shall be subrogated, to the extent of the expenditure for medical care furnished, to any rights such individual may have to third-party reimbursement for such care.

(b) The Department of Vermont Health Access or its designee shall be entitled to obtain from any medical service provider any records of the treatment of any individual covered by subsection (a) of this section that are in any way relevant to the treatment paid for through medical assistance without regard to any other privilege or right of confidentiality or privacy that may exist. The Department shall ensure that any records obtained are not released to any other individual, agency, or other entity except as necessary to pursue the Department's rights of subrogation.

(c) The Department of Vermont Health Access may contract with a private attorney or attorneys, or other private persons, for the purpose of obtaining third-party reimbursement for Medicaid expenditures under this section. In awarding contracts under this section, the Department shall give preference to bidders who maintain a place of business in this State.
33 V.S.A. § 1998 — VT Code / Title 33 / Chapter 19 / Section 1998
§ 1998. Pharmacy Best Practices and Cost Control Program established
Status: repealed

(a) The Commissioner of Vermont Health Access shall establish and maintain a Pharmacy Best Practices and Cost Control Program designed to reduce the cost of providing prescription drugs, while maintaining high quality in prescription drug therapies. The Program shall include:

(1) use of an evidence-based preferred list of covered prescription drugs that identifies preferred choices within therapeutic classes for particular diseases and conditions, including generic alternatives and over-the-counter drugs;

(2) utilization review procedures, including a prior authorization review process;

(3) any strategy designed to negotiate with pharmaceutical manufacturers to lower the cost of prescription drugs for Program participants, including a supplemental rebate program;

(4) alternative pricing mechanisms, including consideration of using maximum allowable cost pricing for generic and other prescription drugs;

(5) alternative coverage terms, including consideration of providing coverage of over-the-counter drugs where cost-effective in comparison to prescription drugs, and authorizing coverage of dosages capable of permitting the consumer to split each pill if cost-effective and medically appropriate for the consumer;

(6) a simple, uniform prescription form, designed to implement the preferred drug list, and to enable prescribers and consumers to request an exception to the preferred drug list choice with a minimum of cost and time to prescribers, pharmacists, and consumers;

(7) a joint pharmaceuticals purchasing consortium as provided for in subdivision (c)(1) of this section; and

(8) any other cost containment activity adopted, by rule, by the Commissioner that is designed to reduce the cost of providing prescription drugs while maintaining high quality in prescription drug therapies.

(b) The Commissioner shall implement the Pharmacy Best Practices and Cost Control Program for Medicaid and all other State public assistance program health benefit plans to the extent permitted by federal law.

(c)(1) The Commissioner may implement the Pharmacy Best Practices and Cost Control Program for any other health benefit plan within or outside this State that agrees to participate in the Program. For entities in Vermont, the Commissioner shall directly or by contract implement the Program through a joint pharmaceuticals purchasing consortium. The joint pharmaceuticals purchasing consortium shall be offered on a voluntary basis no later than January 1, 2008, with mandatory participation by State or publicly funded, administered, or subsidized purchasers to the extent practicable and consistent with the purposes of this chapter, by January 1, 2010. If necessary, the Department of Vermont Health Access shall seek authorization from the Centers for Medicare and Medicaid to include purchases funded by Medicaid. “State or publicly funded purchasers” shall include the Department of Corrections, the Department of Mental Health, Medicaid, Dr. Dynasaur, VPharm, Healthy Vermonters, workers' compensation, and any other State or publicly funded purchaser of prescription drugs.

(2) The Commissioner of Vermont Health Access and the Secretary of Administration shall take all steps necessary to enable Vermont's participation in joint prescription drug purchasing agreements with any other health benefit plan or organization within or outside this State that agrees to participate with Vermont in such joint purchasing agreements.

(3) The Commissioner of Human Resources shall take all steps necessary to enable the State of Vermont to participate in joint prescription drug purchasing agreements with any other health benefit plan or organization within or outside this State that agrees to participate in such joint purchasing agreements, as may be agreed to through the bargaining process between the State of Vermont and the authorized representatives of the employees of the State of Vermont.

(4) The actions of the Commissioners and the Secretary shall include:

(A) active collaboration with the National Legislative Association on Prescription Drug Prices;

(B) active collaboration with the Pharmacy RFP Issuing States initiative organized by the West Virginia Public Employees Insurance Agency;

(C) the execution of any joint purchasing agreements or other contracts with any participating health benefit plan or organization within or outside the State that the Commissioner of Vermont Health Access determines will lower the cost of prescription drugs for Vermonters while maintaining high quality in prescription drug therapies; and

(D) with regard to participation by the State Employees Health Benefit Plan, the execution of any joint purchasing agreements or other contracts with any health benefit plan or organization within or outside the State that the Commissioner of Vermont Health Access determines will lower the cost of prescription drugs and provide overall quality of integrated health care services to the State Employees Health Benefit Plan and the beneficiaries of the Plan, and that is negotiated through the bargaining process between the State of Vermont and the authorized representatives of the employees of the State of Vermont.

(5) The Commissioners of Human Resources and of Vermont Health Access may renegotiate and amend existing contracts to which the Departments of Vermont Health Access and of Human Resources are parties if such renegotiation and amendment will be of economic benefit to the health benefit plans subject to such contracts, and to the beneficiaries of such plans. Any renegotiated or substituted contract shall be designed to improve the overall quality of integrated health care services provided to beneficiaries of such plans.

(6) [Repealed.]

(7) The Commissioner of Vermont Health Access, the Commissioner of Human Resources, the Commissioner of Financial Regulation, and the Secretary of Human Services shall establish a collaborative process with the Vermont Medical Society, pharmacists, health insurers, consumers, employer organizations and other health benefit plan sponsors, the National Legislative Association on Prescription Drug Prices, pharmaceutical manufacturer organizations, and other interested parties designed to consider and make recommendations to reduce the cost of prescription drugs for all Vermonters.

(d) A participating health benefit plan other than a State public assistance program may agree with the Commissioner to limit the plan's participation to one or more program components. The Commissioner shall supervise the implementation and operation of the Pharmacy Best Practices and Cost Control Program, including developing and maintaining the preferred drug list, to carry out the provisions of the subchapter. The Commissioner may include such insured or self-insured health benefit plans as agree to use the preferred drug list or otherwise participate in the provisions of this subchapter. The purpose of this subchapter is to reduce the cost of providing prescription drugs while maintaining high quality in prescription drug therapies.

(e) The Commissioner of Vermont Health Access shall develop procedures for the coordination of State public assistance program health benefit plan benefits with pharmaceutical manufacturer patient assistance programs offering free or low cost prescription drugs, including the development of a proposed single application form for such programs. The Commissioner may contract with a nongovernmental organization to develop the single application form.

(f)(1) The Drug Utilization Review Board shall make recommendations to the Commissioner for the adoption of the preferred drug list. The Board's recommendations shall be based upon evidence-based considerations of clinical efficacy, adverse side effects, safety, appropriate clinical trials, and cost-effectiveness. “Evidence-based” shall have the same meaning as in 18 V.S.A. § 4621. The Commissioner shall provide the Board with evidence-based information about clinical efficacy, adverse side effects, safety, and appropriate clinical trials and shall provide information about cost-effectiveness of available drugs in the same therapeutic class.

(2) The Board shall meet at least quarterly. The Board shall comply with the requirements of 1 V.S.A. chapter 5, subchapter 2 (Open Meeting Law) and 1 V.S.A. chapter 5, subchapter 3 (Public Records Act), except that the Board may go into executive session to discuss drug alternatives and receive information on the relative price, net of any rebates, of a drug under discussion and the drug price in comparison to the prices, net of any rebates, of alternative drugs available in the same class to determine cost-effectiveness, and in order to comply with subsection 2002(c) of this title to consider information relating to a pharmaceutical rebate or to supplemental rebate agreements, which are protected from disclosure by federal law or the terms and conditions required by the Centers for Medicare and Medicaid Services as a condition of rebate authorization under the Medicaid program.

(3) To the extent feasible, the Board shall review all drug classes included in the preferred drug list at least every 24 months and may recommend that the Commissioner make additions to or deletions from the preferred drug list.

(4) The Program shall establish Board procedures for the timely review of prescription drugs newly approved by the federal Food and Drug Administration, including procedures for the review of newly approved prescription drugs in emergency circumstances.

(5) Members of the Board shall receive per diem compensation and reimbursement of expenses in accordance with 32 V.S.A. § 1010.

(6) The Commissioner shall encourage participation in the joint purchasing consortium by inviting representatives of the programs and entities specified in subdivision (c)(1) of this section to participate as observers or nonvoting members in the Drug Utilization Review Board and by inviting the representatives to use the preferred drug list in connection with the plans' prescription drug coverage.

(g) The Department shall seek assistance from entities conducting independent research into the effectiveness of prescription drugs to provide technical and clinical support in the development and the administration of the preferred drug list and the evidence-based education program established in 18 V.S.A. chapter 91, subchapter 2.
33 V.S.A. § 6913 — VT Code / Title 33 / Chapter 69 / Section 6913
§ 6913. Penalties; abuse; neglect; exploitation; mandatory reporter's failure to report
Status: in_force

(a) Whenever the Department finds, after notice and hearing, that a person has committed sexual abuse as defined in subdivision 6902(1)(D) of this title, exploitation as defined in subdivision 6902(13) of this title in an amount in excess of $500.00, abuse that causes grievous injury to or the death of a vulnerable adult, or neglect that causes grievous injury to or the death of a vulnerable adult, the Department may impose an administrative penalty of not more than $25,000.00 for each violation. The Department shall notify the Office of Professional Regulation, or any other professional licensing board applicable to the violator, of any decision made pursuant to this subsection.

(b) The Department shall investigate allegations that a mandated reporter has failed to make a required report when it appears that an investigation is appropriate. Whenever the Department finds, after notice and hearing, that a mandatory reporter, as defined in subsection 6903(a) of this title, has willfully violated the provisions of subdivision 6903(a)(1), the Department may impose an administrative penalty not to exceed $1,000.00 per violation. For purposes of this subsection, every 24 hours that a report is not made beyond the period for reporting required by section 6903 shall constitute a new and separate violation, and a mandatory reporter shall be liable for an administrative penalty of not more than $1,000.00 for each 24-hour period, not to exceed a maximum penalty of $25,000.00 per reportable incident.

(c) Whenever the Department finds that a mandatory reporter willfully or knowingly withheld information, or provided false or inaccurate information, the Department may impose an administrative penalty not to exceed $1,000.00 per violation.

(d) A person who is aggrieved by a decision under subsection (a), (b), or (c) of this section may appeal that decision to the Superior Court, where either party may request trial by jury.
33 V.S.A. § 1951 — VT Code / Title 33 / Chapter 19 / Section 1951
§ 1951. Definitions
Status: repealed

As used in this subchapter:

(1) “Assessment” means a tax levied on a health care provider pursuant to this chapter.

(2)(A) “Home health services” means any of the following:

(i) those medically necessary, intermittent, skilled home health services provided by Medicare-certified home health agencies of the type covered under Title XVIII (Medicare) or XIX (Medicaid) of the Social Security Act;

(ii) services covered under the adult and pediatric High Technology Home Care programs as of January 1, 2015;

(iii) personal care, respite care, and companion care services provided through the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration; and

(iv) hospice services.

(B) The term “home health services” shall not include any other service provided by a home health agency, including:

(i) private duty services;

(ii) case management services, except to the extent that such services are performed in order to establish an individual's eligibility for services described in subdivision (A) of this subdivision (2);

(iii) homemaker services;

(iv) adult day services;

(v) group-directed attendant care services;

(vi) primary care services;

(vii) nursing home room and board when a hospice patient is in a nursing home; and

(viii) health clinics, including occupational health, travel, and flu clinics.

(C) The term “home health services” shall not include any services provided by a home health agency under any other program or initiative unless the services fall into one or more of the categories described in subdivision (A) of this subdivision (2). Other programs and initiatives include:

(i) the Flexible Choices or Assistive Devices options under the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration;

(ii) services provided to children under the early and periodic screening, diagnostic, and treatment Medicaid benefit;

(iii) services provided pursuant to the Money Follows the Person demonstration project;

(iv) services provided pursuant to the Traumatic Brain Injury Program; and

(v) maternal-child wellness services, including services provided through the Nurse Family Partnership program.

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

(4) [Repealed.]

(5) “Health care provider” means any hospital, nursing home, intermediate care facility for people with intellectual disabilities, home health agency, or retail pharmacy.

(6) “Home health agency” means an entity that has received a certificate of need from the State to provide home health services or is certified to provide services pursuant to 42 U.S.C. § 1395x(o).

(7) “Hospital” means a hospital licensed under 18 V.S.A. chapter 43.

(8) “Intermediate Care Facility for People with Developmental Disabilities” (ICF/DD) means a facility that provides long-term health related care to residents with developmental disabilities pursuant to subdivision 1902(a)(31) of the Social Security Act (42 U.S.C. § 1396a(a)(31)).

(9) “Mental hospital” or “psychiatric facility” means a hospital as defined in 18 V.S.A. § 1902(1)(B) or (H), but does not include psychiatric units of general hospitals.

(10) “Net patient revenues” means a provider's gross charges related to patient care services less any deductions for bad debts, charity care, contractual allowances, and other payer discounts.

(11) “Nursing home” means a health care facility licensed under chapter 71 of this title.

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

(13) “Pharmacy” means a Vermont drug outlet licensed by the Vermont State Board of Pharmacy pursuant to 26 V.S.A. chapter 36 in which prescription drugs are sold at retail.

(14) “Secretary” means the Secretary of Human Services.

(15) “Ambulance agency” means an ambulance agency licensed pursuant to 18 V.S.A. chapter 17.
33 V.S.A. § 6503 — VT Code / Title 33 / Chapter 65 / Section 6503
§ 6503. Exceptions
Status: in_force

The provisions of section 6502 of this title shall not apply and the physician may balance bill a Medicare beneficiary if:

(1) During the calendar year prior to treatment, the Medicare beneficiary (or his or her spouse with whom he or she lived at any time during that year):

(A) received Social Security benefits or railroad retirement benefits (Tier I treated as Social Security) that were subject to federal income taxation; or

(B) did not receive Social Security benefits or railroad retirement benefits (Tier I treated as Social Security) but, had such benefits been received, they would have been subject to federal income taxation.

(2) The Medicare beneficiary refuses to sign the statement authorized by section 6504 of this title; or

(3) The service for which the beneficiary is to be billed is either an office or home visit. Office or home visits are listed as procedure codes 90000 through 90170 in the Physicians' Current Procedural Terminology, Fourth Edition (1986) published by the American Medical Association, as amended annually. Office or home visit codes for dentists, podiatrists, optometrists, and chiropractors shall be the same (or equivalent) procedure codes used for doctors of medicine or osteopathy.
33 V.S.A. § 3301 — VT Code / Title 33 / Chapter 33 / Section 3301
§ 3301. Definitions
Status: in_force

As used in this chapter:

(1) “Council” means the Council for Equitable Youth Justice.

(2) “DCF” means the Vermont Department for Children and Families.

(3) “JJRA” means the federal Juvenile Justice and Delinquency Prevention Act of 1973 as reauthorized and as amended by the Juvenile Justice Reform Act of 2018, 34 U.S.C. § 11133.

(4) “OJJDP” means the Office of Juvenile Justice and Delinquency Prevention within the U.S. Department of Justice.
33 V.S.A. § 5728 — VT Code / Title 33 / Chapter 57 / Section 5728
§ 5728. Finance
Status: in_force

(a) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

(b) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state, and the Interstate Commission shall promulgate a rule binding upon all compacting states which governs said assessment.

(c) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet them. The Interstate Commission shall not pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

(d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws, provided that all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
33 V.S.A. § 503 — VT Code / Title 33 / Chapter 5 / Section 503
§ 503. Composition of Department
Status: in_force

The Department, created pursuant to 3 V.S.A. § 3085a, shall consist of the Commissioner of Disabilities, Aging, and Independent Living, the Advisory Board established under section 505 of this title, and all divisions and units of the Department, including the Division for the Blind and Visually Impaired and the Division of Vocational Rehabilitation.
33 V.S.A. § 5205 — VT Code / Title 33 / Chapter 52 / Section 5205
§ 5205. Fingerprints; photographs
Status: in_force

(a) Fingerprint files of a child under the jurisdiction of the court shall be kept separate from those of other persons under special security measures. Inspection of such files shall be limited to law enforcement officers only on a need-to-know basis unless otherwise authorized by the court in individual cases.

(b) Copies of fingerprints shall be maintained on a local basis only and not sent to central State or federal depositories except in national security cases.

(c) Fingerprints of persons under the jurisdiction of the court shall be removed and destroyed when:

(1) the petition alleging delinquency with respect to which such fingerprints were taken does not result in an adjudication of delinquency; or

(2) jurisdiction of the court is terminated, provided that there has been no record of a criminal offense by the child after reaching 16 years of age.

(d) If latent prints are found at the scene of an offense and there is reason to believe that a particular child was involved, the child may be fingerprinted for purposes of immediate comparison, and, if the result is negative, the fingerprint card shall be immediately destroyed.

(e) No photograph shall be taken of any child when taken into custody without the consent of the judge unless the case is transferred for criminal proceeding.

(f) A person who violates this section shall be imprisoned not more than six months or fined not more than $500.00, or both.
33 V.S.A. § 1901f — VT Code / Title 33 / Chapter 19 / Section 1901f
§ 1901f. Medicaid program enrollment and expenditure reports
Status: in_force

By March 1, June 1, September 1, and December 1 of each year, the Commissioner of Vermont Health Access or designee shall submit to the General Assembly a quarterly report on enrollment and total expenditures by Medicaid eligibility group for all programs paid for by the Department of Vermont Health Access during the preceding calendar quarter and for the fiscal year to date. Total expenditures for Medicaid-related programs paid for by other departments within the Agency of Human Services shall be included in this report by Medicaid eligibility group to the extent such information is available.
33 V.S.A. § 5101a — VT Code / Title 33 / Chapter 51 / Section 5101a
§ 5101a. Juvenile justice legislative findings
Status: in_force

(a) The General Assembly finds and declares as public policy that an effective juvenile justice system protects public safety; connects youths and young adults to age-appropriate services that reduce the risk of reoffense; and, when appropriate, shields youths from the adverse impact of a criminal record.

(b) In order to accomplish these goals, the system should be based on the implementation of data-driven evidence-based practices that offer a broad range of alternatives, such that the degree of intervention is commensurate with the risk of reoffense.

(c) High-intensity interventions with low-risk offenders not only decrease program effectiveness, but are contrary to the goal of public safety in that they increase the risk of recidivism. An effective youth justice system includes pre-charge options that keep low-risk offenders out of the criminal justice system altogether.
33 V.S.A. § 2115 — VT Code / Title 33 / Chapter 21 / Section 2115
§ 2115. General Assistance program report
Status: in_force

On or before September 1 of each year, the Commissioner for Children and Families shall submit a written report to the Joint Fiscal Committee; the House Committees on Appropriations, on General, Housing, and Military Affairs, and on Human Services; and the Senate Committees on Appropriations and on Health and Welfare. The report shall contain the following:

(1) an evaluation of the General Assistance program during the previous fiscal year;

(2) any recommendations for changes to the program;

(3) a plan for continued implementation of the program;

(4) statewide statistics using deidentified data related to the use of emergency housing vouchers during the preceding State fiscal year, including demographic information, client data, shelter and motel usage rates, clients' primary stated cause of homelessness, and average lengths of stay in emergency housing by demographic group and by type of housing; and

(5) other information the Commissioner deems appropriate.
33 V.S.A. § 5113 — VT Code / Title 33 / Chapter 51 / Section 5113
§ 5113. Modification or vacation of orders
Status: in_force

(a) An order of the court may be set aside in accordance with Rule 60 of the Vermont Rules of Civil Procedure.

(b) Upon motion of a party or the court's own motion, the court may amend, modify, set aside, or vacate an order on the grounds that a change in circumstances requires such action to serve the best interests of the child. The motion shall set forth in concise language the grounds upon which the relief is requested.

(c) Any order under this section shall be made after notice and hearing; however, the court may waive the hearing upon stipulation of the parties. All evidence helpful in determining the questions presented, including hearsay, may be admitted and relied upon to the extent of its probative value, even though not competent in a hearing on the petition.
33 V.S.A. § 5124 — VT Code / Title 33 / Chapter 51 / Section 5124
§ 5124. Postadoption contact agreements
Status: in_force

(a) Either or both parents and each intended adoptive parent may enter into a postadoption contact agreement regarding communication or contact between either or both parents and the child after the finalization of an adoption by the intended adoptive parent or parents who are parties to the agreement. Such an agreement may be entered into if:

(1) the child is in the custody of:

(A) the Department for Children and Families; or

(B) a nonparent pursuant to subdivision 5318(a)(2) or (a)(7) or subdivision 5232(b)(2) or (b)(3) of this title;

(2) an order terminating parental rights has not yet been entered; and

(3) either or both parents agree to a voluntary termination of parental rights, including an agreement in a case that began as an involuntary termination of parental rights.

(b) The court shall approve the postadoption contact agreement if:

(1)(A) it determines that the child's best interests will be served by postadoption communication or contact with either or both parents; and

(B) in making a best interests determination, it may consider:

(i) the age of the child;

(ii) the length of time that the child has been under the actual care, custody, and control of a person other than a parent;

(iii) the desires of the child, the child's parents, and the child's intended adoptive parents;

(iv) the child's relationship with and the interrelationships between the child's parents, the child's intended adoptive parents, the child's siblings, and any other person with a significant relationship with the child;

(v) the willingness of the parents to respect the bond between the child and the child's intended adoptive parents;

(vi) the willingness of the intended adoptive parents to respect the bond between the child and the parents;

(vii) the adjustment to the child's home, school, and community;

(viii) any evidence of abuse or neglect of the child;

(ix) the recommendation of any guardian ad litem;

(x) the recommendation of a therapist or mental health care provider working directly with the child; and

(xi) the recommendation of the Department; and

(2) it has reviewed and made each of the following a part of the court record:

(A) a sworn affidavit by the parties to the agreement that affirmatively states that the agreement was entered into knowingly and voluntarily and is not the product of coercion, fraud, or duress and that the parties have not relied on any representations other than those contained in the agreement;

(B) a written acknowledgment by each parent that the termination of parental rights is irrevocable, even if the intended adoption is not finalized, the adoptive parents do not abide by the postadoption contact agreement, or the adoption is later dissolved;

(C) an agreement to the postadoption contact or communication from the child to be adopted, if he or she is 14 years of age or older; and

(D) an agreement to the postadoption contact or communication in writing from the Department, the guardian ad litem, and the attorney for the child.

(c) A postadoption contact agreement must be in writing and signed by each parent and each intended adoptive parent entering into the agreement. There may be separate agreements for each parent. The agreement shall specify:

(1) the form of communication or contact to take place;

(2) the frequency of the communication or contact;

(3) if visits are agreed to, whether supervision shall be required, and if supervision is required, what type of supervision shall be required;

(4) if written communication or exchange of information is agreed upon, whether that will occur directly or through the Vermont Adoption Registry, set forth in 15A V.S.A. § 6-103;

(5) if the Adoption Registry shall act as an intermediary for written communication, that the signing parties will keep their addresses updated with the Adoption Registry;

(6) that failure to provide contact due to the child's illness or other good cause shall not constitute grounds for an enforcement proceeding;

(7) that the right of the signing parties to change their residence is not impaired by the agreement;

(8) an acknowledgment by the intended adoptive parents that the agreement grants either or both parents the right to seek to enforce the postadoption contact agreement;

(9) an acknowledgment that the adoptive parent's judgment regarding the child is in the child's best interests;

(10) the finality of the termination of parental rights and of the adoption shall not be affected by implementation of the provisions of the postadoption contact agreement; and

(11) a disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the termination of parental rights or the adoption.

(d) A copy of the order approving the postadoption contact agreement and the postadoption contact agreement shall be filed with the Probate Division of the Superior Court with the petition to adopt filed under 15A V.S.A. Article 3 and, if the agreement specifies a role for the Adoption Registry, with the Registry.

(e) The order approving a postadoption contact agreement shall be a separate order issued before and contingent upon the final order of voluntary termination of parental rights.

(f) The executed postadoption contact agreement shall become final upon legal finalization of an adoption under 15A V.S.A. Article 3.
33 V.S.A. § 5111 — VT Code / Title 33 / Chapter 51 / Section 5111
§ 5111. Noncustodial parents
Status: in_force

(a) If a child is placed in the legal custody of the Department and the identity of a parent has not been legally established at the time the petition is filed, the court may order that the child and the child's alleged genetic parents submit to genetic testing and may issue an order establishing parentage pursuant to 15C V.S.A. chapters 1-8 (parentage proceedings). A parentage order issued pursuant to this subsection shall not be deemed to be a confidential record.

(b) If a child is placed in the legal custody of the Department, the Department shall make reasonably diligent efforts to locate a noncustodial parent as early in the proceedings as possible, and notify the court of the noncustodial parent's address. A hearing shall not be delayed by reason of the inability of the Department to locate or serve a noncustodial parent.

(c) The court may order a custodial parent to provide the Department with information regarding the identity and location of a noncustodial parent.

(d) As soon as his or her address is known, a noncustodial parent shall be served with the petition and a copy of the summons. Thereafter, the court shall mail notices of the hearing to the noncustodial parent. The noncustodial parent shall be responsible for providing the court with information regarding any changes in address.
33 V.S.A. § 7104 — VT Code / Title 33 / Chapter 71 / Section 7104
§ 7104. Application
Status: in_force

An application for a license shall be made annually to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires.
33 V.S.A. § 5204a — VT Code / Title 33 / Chapter 52 / Section 5204a
§ 5204a. Jurisdiction over adult defendant for crime committed when defendant was under 19 years of age
Status: in_force

(a) A proceeding may be commenced in the Family Division against a defendant who has attained 18 years of age if:

(1) the petition alleges that the defendant:

(A) before attaining 19 years of age, violated a crime listed in subsection 5204(a) of this title;

(B) after attaining 14 years of age but before attaining 19 years of age, committed an offense listed in 13 V.S.A. § 5301(7) but not listed in subsection 5204(a) of this title; or

(C) after attaining 17 years of age but before attaining 19 years of age, committed any offense not listed in 13 V.S.A. § 5301(7) or subsection 5204(a) of this title, provided the petition is filed prior to the defendant's 19th birthday;

(2) a juvenile petition was never filed based upon the alleged conduct; and

(3) the statute of limitations has not tolled on the crime that the defendant is alleged to have committed.

(b)(1) The Family Division shall, except as provided in subdivision (2) of this subsection, transfer a petition filed pursuant to subdivision (a)(1)(A) of this section to the Criminal Division if the Family Division finds that:

(A) there is probable cause to believe that while the defendant was less than 19 years of age he or she committed an act listed in subsection 5204(a) of this title;

(B) there was good cause for not filing a delinquency petition in the Family Division when the defendant was less than 19 years of age;

(C) there has not been an unreasonable delay in filing the petition; and

(D) transfer would be in the interest of justice and public safety.

(2)(A) If a petition has been filed pursuant to subdivision (a)(1)(A) of this section, the Family Division may order that the defendant be treated as a youthful offender consistent with the applicable provisions of chapter 52A of this title if the defendant is under 22 years of age and the Family Division:

(i) makes the findings required by subdivisions (1)(A), (B), and (C) of this subsection (b);

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

(iii) finds that there are sufficient services in the Family Division system and the Department for Children and Families or the Department of Corrections to meet the youth's treatment and rehabilitation needs.

(B) If the Family Division orders that the defendant be treated as a youthful offender, the court shall approve a disposition case plan and impose conditions of probation on the defendant.

(C) If the Family Division finds after hearing that the defendant has violated the terms of his or her probation, the Family Division may:

(i) maintain the defendant's status as a youthful offender, with modified conditions of probation if the court deems it appropriate; or

(ii) revoke the defendant's youthful offender status and transfer the petition to the Criminal Division pursuant to subdivision (1) of this subsection (b).

(3) The Family Division shall in all respects treat a petition filed pursuant to subdivision (a)(1)(B) of this section in the same manner as a petition filed pursuant to section 5201 of this title, except that the Family Division's jurisdiction shall end on or before the defendant's 22nd birthday, if the Family Division:

(A) finds that there is probable cause to believe that, after attaining 14 years of age but before attaining 19 years of age, the defendant committed an offense listed in 13 V.S.A. § 5301(7) but not listed in subsection 5204(a) of this title; and

(B) makes the findings required by subdivisions (b)(1)(B) and (C) of this section.

(4) In making the determination required by subdivision (1)(D) of this subsection, the court may consider, among other matters:

(A) the maturity of the defendant as determined by consideration of his or her age; home; environment; emotional, psychological, and physical maturity; and relationship with and adjustment to school and the community;

(B) the extent and nature of the defendant's prior criminal record and record of delinquency;

(C) the nature of past treatment efforts and the nature of the defendant's response to them;

(D) whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;

(E) the nature of any personal injuries resulting from or intended to be caused by the alleged act;

(F) whether the protection of the community would be best served by transferring jurisdiction from the Family Division to the Criminal Division of the Superior Court.

(c) If the Family Division does not transfer a petition filed pursuant to subdivision (a)(1)(A) of this section to the Criminal Division or order that the defendant be treated as a youthful offender pursuant to subsection (b) of this section, the petition shall be dismissed.

(d)(1) The Family Division shall treat a petition filed pursuant to subdivision (a)(1)(C) of this section in all respects in the same manner as a petition filed pursuant to section 5201 of this title if the court:

(A) finds that there is probable cause to believe that, after attaining 17 years of age but before attaining 18 years of age, the defendant committed an offense not listed in 13 V.S.A. § 5301(7) or subsection 5204(a) of this title; and

(B) makes the findings required by subdivisions (b)(1)(B) and (C) of this section.

(2) The Family Division's jurisdiction over cases filed pursuant to subdivision (a)(1)(C) of this section shall end on or before the defendant's 20th birthday.
33 V.S.A. § 7118 — VT Code / Title 33 / Chapter 71 / Section 7118
§ 7118. Appeals
Status: in_force

(a) A person aggrieved by a decision or action of the licensing agency may file a request for a fair hearing with the Human Services Board as provided in 3 V.S.A. § 3091.

(b) A resident subject to transfer under subsection 7111(f) of this title may contest such transfer by filing a request for a fair hearing with the Human Services Board as provided in 3 V.S.A. § 3091.
33 V.S.A. § 5301 — VT Code / Title 33 / Chapter 53 / Section 5301
§ 5301. Taking into custody
Status: in_force

A child may be taken into custody:

(1) pursuant to an order of the Family Division of the Superior Court under the provisions of this chapter;

(2) by an officer when the officer has reasonable grounds to believe that the child is in immediate danger from the child's surroundings and that removal from the child's current home is necessary for the child's protection; and

(3) by an officer when the officer has reasonable grounds to believe that the child has run away from a custodial parent, a foster parent, a guardian, a custodian, a noncustodial parent lawfully exercising parent-child contact, or a care provider.
33 V.S.A. § 7217 — VT Code / Title 33 / Chapter 71 / Section 7217
§ 7217. Duties of licensing agency
Status: in_force

The licensing agency shall have the duty to provide information to residents of long-term care facilities for which a receiver has been appointed by the court. When applicable, the licensing agency shall assist in the process of transferring residents to another long-term care facility, including providing information about facilities with available openings.
33 V.S.A. § 906 — VT Code / Title 33 / Chapter 9 / Section 906
§ 906. Facility payment
Status: in_force

(a) The payment rate for each facility shall be the sum of its per diem allowance for each cost category, subject to such limitations as the Secretary shall prescribe by rule pursuant to section 907 of this title.

(b) The payment for each facility's direct care costs shall be a function of the number of resident days of each resident class and shall be adjusted in a timely manner to reflect changes in the assessed needs of residents.
33 V.S.A. § 1213 — VT Code / Title 33 / Chapter 12 / Section 1213
§ 1213. Notice and appeal
Status: in_force

A participant may appeal decisions in accordance with 3 V.S.A. § 3091. The Commissioner shall provide notice to each participant of the standards and procedures applicable to such appeals. All federal and Agency of Human Services rules regarding conciliation, notice, hearing, and appeal shall be followed in connection with such appeals.
33 V.S.A. § 1901o — VT Code / Title 33 / Chapter 19 / Section 1901o
§ 1901o. Low-intensity residential treatment for substance use disorder and co-occurring mental conditions
Status: in_force

(a) The Agency of Human Services shall provide coverage for medically necessary low-intensity, clinically managed residential treatment episodes to Medicaid beneficiaries with substance use disorder and a co-occurring mental health condition when medically necessary low-intensity, clinically managed residential treatment episodes are prescribed by a health care professional employed by a residential treatment program who is practicing within the scope of the health care professional's license and the residential treatment program is participating in Vermont's Medicaid program.

(b) Coverage provided under this section shall be for the entire length of stay prescribed by a health care professional employed by a residential treatment program, who shall take into account current best practices for levels of care within the substance use continuum of care.
33 V.S.A. § 5316 — VT Code / Title 33 / Chapter 53 / Section 5316
§ 5316. Disposition case plan
Status: in_force

(a) Following a finding by the court that a child is in need of care or supervision, the Department shall file a disposition case plan ordered pursuant to subsection 5315(g) of this title not later than seven business days before the scheduled disposition hearing.

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

(1) The long-term goal for a child found to be in need of care and supervision 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 custodial parent, guardian, or custodian; adoption; permanent guardianship; or other permanent placement. In addition to a primary permanency goal, the plan may identify a concurrent permanency goal.

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

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

(4) An assessment of the family's strengths and risk factors, including a consideration of the needs of children and parents with disabilities, provided that the child's needs are given primary consideration.

(5) A statement of family changes needed to correct the problems necessitating State intervention, with timetables for accomplishing the changes.

(6) A recommendation with respect to legal custody for the child and a recommendation for parent-child contact and sibling contact, if appropriate.

(7) A plan of services that shall describe the responsibilities of the child; the parents, guardian, or custodian; the Department; other family members; and treatment providers, including a description of the services required to achieve the permanency goal. The plan shall also address the minimum frequency of contact between the social worker assigned to the case and the family.

(8) A request for child support.

(9) Notice to the parents that failure to accomplish substantially the objectives stated in the plan within the time frames established may result in termination of parental rights.
33 V.S.A. § 1303 — VT Code / Title 33 / Chapter 13 / Section 1303
§ 1303. State aid to the disabled
Status: in_force

(a) State aid to the disabled shall be granted to an individual who meets the eligibility requirements of section 1301 of this title and who in addition:

(1) is permanently and totally disabled as defined in Title XVI of the Social Security Act, as amended; and

(2) is not, at the date of receiving aid, an inmate of any public institution.

(b) An individual is also considered disabled for purposes of this chapter if the individual was disabled as defined under this chapter and the rules in effect under this chapter on December 31, 1973 and received aid under this chapter for December 1973, provided the individual has been, since that time, continuously disabled.
33 V.S.A. § 5731 — VT Code / Title 33 / Chapter 57 / Section 5731
§ 5731. Withdrawal; default; termination; judicial enforcement
Status: in_force

(a) Withdrawal.

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

(2) The effective date of withdrawal is the effective date of the repeal.

(3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within 60 days of its receipt thereof.

(4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

(5) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

(b) Technical assistance, fines, suspension, termination, and default.

(1) If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:

(A) Remedial training and technical assistance as directed by the Interstate Commission.

(B) Alternative dispute resolution.

(C) Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission.

(D) Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council. The grounds for default include failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or duly promulgated rules, and any other grounds designated in Commission bylaws and rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states, and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination.

(2) Within 60 days of the effective date of termination of a defaulting state, the Commission shall notify the Governor, the Chief Justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature, and the state council of such termination.

(3) The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including any obligations the performance of which extends beyond the effective date of termination.

(4) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

(5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.

(c) Judicial enforcement. The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact its duly promulgated rules and bylaws against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.

(d) Dissolution of compact.

(1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting 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 any surplus funds shall be distributed in accordance with the bylaws.
33 V.S.A. § 3901 — VT Code / Title 33 / Chapter 39 / Section 3901
§ 3901. Definitions
Status: in_force

As used in this chapter:

(1) “Order of support” means any judgment or order for the support of dependent children issued by any court of the State of Vermont or another state or an order under an administrative proceeding of another state, including an order in a final decree of divorce.

(2) “Custodial parent” means any person with whom a dependent child actually resides, whether or not the parent is receiving public assistance benefits under chapter 11 of this title, or the Commissioner for Children and Families if the dependent child is under the care and control of that Department.

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

(4) “Dependent child” means any child receiving assistance under chapter 11 of this title or any minor child for whose benefit the Office of Child Support has been authorized and requested to collect support.

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

(6) “Public assistance” means money payments furnished to or on behalf of dependent children by the Department.

(7) “Responsible parent” means the natural or adoptive parent or stepparent, to the extent the stepparent owes a duty of support under 15 V.S.A. § 296, of a dependent child.
33 V.S.A. § 8002 — VT Code / Title 33 / Chapter 80 / Section 8002
§ 8002. Definitions
Status: repealed

As used in this chapter:

(1) “ABLE account” means an account established by an eligible individual, owned by the eligible individual, and maintained under the Vermont ABLE Savings Program.

(2) “Designated beneficiary” means the eligible individual who establishes an ABLE account under this chapter and is the owner of the account.

(3) “Disability certification” means a certification to the satisfaction of the Secretary by the individual or the parent or guardian of the individual that:

(A) certifies that:

(i) the individual has a medically determinable physical or mental impairment that results in marked and severe functional limitations and that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months, or the individual is blind within the meaning of Section 1614(a)(2) of the Social Security Act; and

(ii) such blindness or disability occurred before the individual attained 26 years of age; and

(B) includes a copy of the individual's diagnosis relating to the individual's relevant impairment or impairments, signed by a physician meeting the criteria of Section 1861(r)(1) of the Social Security Act.

(4) “Eligible individual” means:

(A) a person who during a taxable year is entitled to benefits based on blindness or disability under Title II or XVI of the Social Security Act, and such blindness or disability occurred before the date on which the individual attained 26 years of age; or

(B) a person for whom a disability certification is filed with the Secretary for the taxable year.

(5) “Financial organization” means an organization that is authorized to do business in this State and that is:

(A) licensed or chartered by the Department of Financial Regulation;

(B) chartered by an agency of the federal government; or

(C) subject to the jurisdiction and regulation of the federal Securities and Exchange Commission.

(6) [Repealed.]

(7) “Qualified disability expense” means an expense related to the eligible individual's blindness or disability that is made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: education, housing, transportation, employment training and support, assistive technology and personal support services, health, prevention and wellness, financial management and administrative services, legal fees, expenses for oversight and monitoring, funeral and burial expenses, and other expenses that are approved by the Secretary by regulation and consistent with the purposes of this section.

(8) “Secretary” means the Secretary of the U.S. Department of the Treasury.
33 V.S.A. § 1901j — VT Code / Title 33 / Chapter 19 / Section 1901j
§ 1901j. Medicaid reimbursement for long-acting reversible contraceptives
Status: in_force

(a) As used in this section, “health care provider” has the same meaning as in 18 V.S.A. § 9402.

(b) The Department of Vermont Health Access shall reimburse health care providers for the full cost of a device providing long-acting reversible contraception when the device is inserted during a Medicaid beneficiary's postpartum hospital stay.
33 V.S.A. § 143a — VT Code / Title 33 / Chapter 1 / Section 143a
§ 143a. Civil remedies
Status: in_force

(a) A person who violates subsection 141(c), (d), or (e) of this title with actual knowledge may be subject to a civil suit by the Attorney General for:

(1) restitution of the amount of assistance, benefits, or payments wrongfully obtained;

(2) interest; and

(3) a civil penalty of up to three times the amount of the wrongfully obtained assistance, benefits, or payments; or $500.00 per false claim; or $500.00 for each false document submitted in support of a false claim, whichever is greatest.

(b) The remedies provided in this section shall be in addition to any other remedies provided by law.

(c) The right to a jury trial shall attach to actions under this section.
33 V.S.A. § 1006 — VT Code / Title 33 / Chapter 10 / Section 1006
§ 1006. Case management; family development plans; coordinated services
Status: in_force

(a) If a family needs or requests in-depth assessment and ongoing services, the Commissioner shall provide all Reach First services to these participating families through a case management model. The case manager, with the full involvement of the family, shall recommend, and the Commissioner shall establish and modify as necessary, a family development plan for each participating family in need of ongoing services, with a right of appeal as provided by section 1132 of this title. A case manager shall be assigned to each participating family as soon as the family is determined to be eligible for this program and in need of services.

(b) The family development plan shall include:

(1) Each parent's or caretaker's employment goal or plan to engage in the program, to the best of the parent's or caretaker's ability.

(2) An assessment of each parent or caretaker's strengths and barriers. The initial assessment shall include a literacy evaluation followed by a referral to an appropriate resource or program.

(3) An identification of the services, supports, and accommodations needed to overcome any barriers, to enable the family to achieve self-sufficiency, and to fulfill each parent or caretaker's personal and family responsibilities.

(4) An assignment of responsibilities, family development plan requirements, and activities among the case manager and family members, together with a time schedule for such responsibilities, requirements, and activities.

(c) The initial family development plan shall be completed within 30 days of the first meeting with the case manager. The case manager shall establish a schedule for periodic review of the family development plan.

(d) The Commissioner shall adopt rules, consistent with research on best practices, establishing maximum caseloads for case managers.
33 V.S.A. § 3303 — VT Code / Title 33 / Chapter 33 / Section 3303
§ 3303. Council duties and responsibilities
Status: repealed

(a) Subject to the provisions of section 3309 of this title, the Council shall support monitoring and reporting compliance with the core requirements of the JJRA, including:

(1) the deinstitutionalization of status offenders;

(2) the separation of juveniles from incarcerated adults;

(3) the removal of juveniles from adult jails and lockups; and

(4) the reduction of racial and ethnic disparities in Vermont's juvenile justice system.

(b) [Repealed.]

(c) Subject to the provisions of 32 V.S.A. § 5, the Council may apply for and receive federal funds for activities consistent with the legislative findings pursuant to section 5101a of this title and the requirements of the JJRA. The Council may obtain grants for activities pursuant to 34 U.S.C. § 11133(a)(9).

(d) On December 1, 2024, and every three years thereafter, the Council shall, in coordination with DCF, develop a State juvenile justice plan designed to promote an effective juvenile justice system. The plan shall be consistent with the requirements of the JJRA and the legislative findings pursuant to section 5101a of this title..

(e) On January 15, 2025, and every two years thereafter, the Council shall submit a written report to the Governor, the Joint Legislative Justice Oversight Committee, and DCF describing the efforts it has made to comply with the requirements of the JJRA, including the reduction of racial disparities and improving Vermont's juvenile justice system. The report shall include an overview of federal funds received and expended to address these purposes and recommendations to improve the juvenile justice system.

(f) In carrying out its duties and responsibilities, the Council shall rely on all available data related to the State's juvenile justice system and shall make efforts to include youth and family voices, particularly the voices of youth and members of their families who have been impacted by the system.
33 V.S.A. § 5905 — VT Code / Title 33 / Chapter 59 / Section 5905
§ 5905. Retention of jurisdiction-Article V [Contingently repealed; effective until contingency met]
Status: in_force

(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in subsection (a) hereof.

(a) Prior to sending, bringing, or causing a child to be sent or brought into a receiving state, the public child placing agency shall provide a written request for assessment to the receiving state.

(b) For placements by a private child placing agency, a child may be sent or brought, or caused to be sent or brought, into a receiving state, upon receipt and immediate review of the required content in a request for approval of a placement in both the sending and receiving state public child placing agency. The required content to accompany a request for approval shall include all of the following:

(1) a request for approval identifying the child, birth parent or parents, the prospective adoptive parent or parents, and the supervising agency, signed by the person requesting approval;

(2) the appropriate consents or relinquishments signed by the birth parents in accordance with the laws of the sending state or, where permitted, the laws of the state where the adoption will be finalized;

(3) certification by a licensed attorney or authorized agent of a private adoption agency that the consent or relinquishment is in compliance with the applicable laws of the sending state or, where permitted, the laws of the state where finalization of the adoption will occur;

(4) a home study; and

(5) an acknowledgment of legal risk signed by the prospective adoptive parents.

(c) The sending state and the receiving state may request additional information or documents prior to finalization of an approved placement, but they may not delay travel by the prospective adoptive parents with the child if the required content for approval has been submitted, received, and reviewed by the public child placing agency in both the sending state and the receiving state.

(d) Approval from the public child placing agency in the receiving state for a provisional or approved placement is required as provided for in the rules of the Interstate Commission.

(e) The procedures for making and the request for an assessment shall contain all information and be in such form as provided for in the rules of the Interstate Commission.

(f) Upon receipt of a request from the public child placing agency of the sending state, the receiving state shall initiate an assessment of the proposed placement to determine its safety and suitability. If the proposed placement is a placement with a relative, the public child placing agency of the sending state may request a determination for a provisional placement.

(g) The public child placing agency in the receiving state may request from the public child placing agency or the private child placing agency in the sending state, and shall be entitled to receive, supporting or additional information necessary to complete the assessment or approve the placement.

(h) The public child placing agency in the receiving state shall approve a provisional placement and complete or arrange for the completion of the assessment within the time frames established by the rules of the Interstate Commission.

(i) For a placement by a private child placing agency, the sending state shall not impose any additional requirements to complete the home study that are not required by the receiving state, unless the adoption is finalized in the sending state.

(j) The Interstate Commission may develop uniform standards for the assessment of the safety and suitability of interstate placements. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 2607 — VT Code / Title 33 / Chapter 26 / Section 2607
§ 2607. Payments to fuel suppliers
Status: in_force

(a) The Secretary of Human Services or designee shall certify fuel suppliers, excluding firewood and wood pellet suppliers, to be eligible to participate in the Home Heating Fuel Assistance Program. Beneficiaries may use their seasonal fuel assistance benefit to obtain home heating fuel or energy only from a fuel supplier certified by the Director, except that beneficiaries who heat with firewood or wood pellets may obtain their firewood or wood pellets from any supplier they choose.

(b) Certified fuel suppliers shall agree to conduct reasonable efforts in order to inform and assist beneficiaries in their service areas, maintain records of amounts and costs of all fuel deliveries, send periodic statements to customers receiving home heating fuel assistance informing them of their account's credit or debit balance as of the last statement, deliveries or usage since that statement and the charges for such, payments made or applied, indicating their source, since that statement, and the ending credit or debit balance. Certified fuel suppliers shall also agree to provide the Secretary of Human Services or designee such information deemed necessary for the efficient administration of the Program.

(c) Certified fuel suppliers shall not disclose the beneficiary status of recipients of Home Heating Fuel Assistance benefits, the names of recipients, or other information pertaining to recipients to anyone, except for purposes directly connected with administration of the Home Heating Fuel Assistance Program or when required by law.

(d) Certified fuel suppliers shall also agree to enter into budget agreements with beneficiaries for annualized monthly payments for fuel supplies, provided the beneficiary meets accepted industry credit standards, and shall grant Program beneficiaries such cash discounts, preseason delivery savings, automatic fuel delivery agreements, and any other discounts granted to any other heating fuel customer or as the Secretary of Human Services or designee may negotiate with certified fuel suppliers.

(e) The Secretary of Human Services or designee shall provide each certified fuel supplier with a list of the households who are its customers and have been found eligible for annual Home Heating Fuel Assistance for the current year, the total amount of annual Home Heating Fuel Assistance that has been authorized for each household, and how the total amount has been allocated over the heating season. Each authorized amount shall function as a line of credit for each eligible household. The Secretary or designee shall disburse authorized Home Heating Fuel Assistance benefits to certified fuel suppliers on behalf of eligible households. Authorized benefits for oil, propane, kerosene, dyed diesel, and coal shall be paid after fuel is delivered and invoiced to the Secretary or designee. Authorized benefits for electricity and natural gas shall be paid in full and credited to the eligible household's account at the same time benefit notices are issued to the eligible household.

(f) The Secretary of Human Services or designee shall negotiate with one or more certified fuel suppliers to obtain the most advantageous pricing, payment terms, and delivery methods possible for eligible households.

(g)(1) The Public Utility Commission shall require natural gas suppliers subject to regulation under 30 V.S.A. § 203 to provide a discount program to customers with incomes no greater than 200 percent of the federal poverty level or who meet the Department for Children and Families' means test of eligibility for LIHEAP crisis fuel assistance. Eligibility for the discount shall be verified by the Department for Children and Families.

(2) In implementing the discount program, the Commission shall consider:

(A) low-income discount programs, rates, and cost structures of other Vermont regulated utilities;

(B) low-income discount programs, rates, and cost structures for gas customers in other states; and

(C) options for allocating the costs of the discount program that avoid or reduce the cost impact of the program on ineligible ratepayers, including consideration of each of the following:

(i) use of any revenues collected from ratepayers that are in excess of the revenue requirement most recently determined by the Commission; and

(ii) use of revenues collected from ratepayers to fund system expansions that have not been placed in service.

(3) On or before January 15, 2013, the Commission shall:

(A) implement this subsection by order to each natural gas company subject to its jurisdiction; and

(B) report to the House Committees on Commerce and Economic Development and on Human Services and to the Senate Committees on Health and Welfare and on Economic Development, Housing and General Affairs on its implementation of this subsection, including its consideration of the matters described in subdivision (2) of this subsection and the results of that consideration.
33 V.S.A. § 111 — VT Code / Title 33 / Chapter 1 / Section 111
§ 111. Records; restrictions; penalties
Status: in_force

(a)(1) The names of or information pertaining to applicants for or recipients of assistance or benefits, including information obtained under section 112 of this title, shall not be disclosed to anyone, except for the purposes directly connected with the administration of the Department or when required by law.

(2) Names of or information pertaining to applicants for or recipients of Medicaid shall be subject to the confidentiality provisions set forth in section 1902a of this title.

(b) A person shall not publish, use, disclose, or divulge any of those records for purposes not directly connected with the administration of programs of the Department or contrary to rules adopted by the Commissioner.
33 V.S.A. § 5254 — VT Code / Title 33 / Chapter 52 / Section 5254
§ 5254. 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, guardian, or custodian of the order; the date, time, and place of the temporary care hearing; and the 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 the custodial parent, guardian, or custodian.

(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 or conditional custody order; notice of the date, hour, and place of the temporary care hearing; and of the 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 noncustodial parent.

(c) 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) 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 a parent is eligible, or may be an attorney who has entered an appearance on behalf of a parent.
33 V.S.A. § 4915a — VT Code / Title 33 / Chapter 49 / Section 4915a
§ 4915a. Procedures for assessment
Status: in_force

(a) An assessment, to the extent that is reasonable under the facts and circumstances presented by the particular valid allegation of child abuse or neglect, shall include the following:

(1) An interview with the child's parent, guardian, foster parent, or any other adult residing in the child's home who serves in a parental role. The interview shall focus on ensuring the immediate safety of the child and mitigating the future risk of harm to the child in the home environment.

(2) An evaluation of the safety of the subject child and any other children living in the same home environment. The evaluation may include an interview with or observation of the child or children. Such interviews shall occur with the permission of the child's parent, guardian, or custodian.

(3) In collaboration with the family, identification of family strengths, resources, and service needs, and the development of a plan of services that reduces the risk of harm and improves or restores family well-being.

(b) The assessment shall be completed within 45 days. Upon written justification by the Department, the assessment may be extended, not to exceed a total of 60 days.

(c) Families have the option of declining the services offered as a result of the assessment. If the family declines the services, the case shall be closed unless the Department determines that sufficient cause exists to begin an investigation or to request the State's Attorney to file a petition pursuant to chapters 51 and 53 of this title. In no instance shall a case be investigated solely because the family declines services.

(d) When an assessment case is closed, there shall be no finding of abuse or neglect and no indication of the intervention shall be placed in the Registry. However, the Department shall document the outcome of the assessment.
33 V.S.A. § 5115 — VT Code / Title 33 / Chapter 51 / Section 5115
§ 5115. Protective order
Status: in_force

(a) On motion of a party or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of a person if the court finds that such conduct is or may be detrimental or harmful to a child.

(b) The person against whom the order is directed shall be served with notice of the motion and the grounds therefor and be given an opportunity to be heard.

(c) Upon a showing that there is a risk of immediate harm to a child, the court may issue a protective order ex parte. A hearing on the motion shall be held no more than 10 days after the issuance of the order.

(d) The court may review any protective order at a subsequent hearing to determine whether the order should remain in effect.

(e) A person who is the subject of an order issued pursuant to this section and who intentionally violates a provision of the order that concerns contact between the child and that person shall be punished in accordance with 13 V.S.A. § 1030.
33 V.S.A. § 3205 — VT Code / Title 33 / Chapter 32 / Section 3205
§ 3205. Child, Youth, and Family Advisory Council
Status: in_force

(a) Purpose and membership. The Child, Youth, and Family Advocate shall appoint and convene an Advisory Council composed of nine stakeholders who have been impacted by child welfare services provided by the Department for Children and Families. The Advisory Council's membership shall reflect 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. Members shall provide advice and guidance to the Office of the Child, Youth, and Family Advocate regarding the routine administration and operation of the Office, including providing advice and guidance to the Advocate upon request.

(b) Meetings.

(1) The Advocate shall call the first meeting of the Advisory Council to occur on or before March 15, 2023.

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

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

(4) The Advisory Council shall cease to exist on July 1, 2028.

(c) Confidentiality. In seeking the advice and guidance of the Advisory Council, the Child, Youth, and Family Advocate shall not disclose to the Advisory Council, or any member thereof, individually identifiable information about a child or youth unless the information is already known to the public.

(d) Compensation. Members of the Advisory Council shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than eight meetings annually. These payments shall be made from monies appropriated to the Office.
33 V.S.A. § 5110 — VT Code / Title 33 / Chapter 51 / Section 5110
§ 5110. Conduct of hearings
Status: in_force

(a) Hearings under the juvenile judicial proceedings chapters shall be conducted by the court without a jury and shall be confidential.

(b) The general public shall be excluded from hearings under the juvenile judicial proceedings chapters, and only the parties, their counsel, witnesses, persons accompanying a party for the party's assistance, and such other persons as the court finds to have a proper interest in the case or in the work of the court, including a foster parent or a representative of a residential program where the child resides, may be admitted by the court. An individual without party status seeking inclusion in the hearing in accordance with this subsection may petition the court for admittance by filing a request with the clerk of the court.

(c) There shall be no publicity given by any person to any proceedings under the authority of the juvenile judicial proceedings chapters except with the consent of the child, the child's guardian ad litem, and the child's parent, guardian, or custodian. A person who violates this provision may be subject to contempt proceedings pursuant to Rule 16 of the Vermont Rules for Family Proceedings. This subsection shall not prohibit a victim from discussing underlying facts of the alleged offense that resulted in death or physical, emotional, or financial injury to the victim, provided that, unless otherwise provided by law or court order, a victim shall not disclose what occurs during a court proceeding or information learned through a court proceeding that is not an underlying fact of the alleged offense that resulted in death or physical, emotional, or financial injury to the victim.

(d) This section shall not prohibit a victim's exercise of rights provided by section 5234 of this title and as otherwise provided by law.
33 V.S.A. § 1824 — VT Code / Title 33 / Chapter 18 / Section 1824
§ 1824. Eligibility
Status: in_force

(a)(1) Upon implementation, all Vermont residents shall be eligible for Green Mountain Care, regardless of whether an employer offers health insurance for which they are eligible. The Agency shall establish standards by rule for proof and verification of residency.

(2)(A) Except as otherwise provided in subdivision (C) of this subdivision (2), if an individual is determined to be eligible for Green Mountain Care based on information later found to be false, the Agency shall make reasonable efforts to recover from the individual the amounts expended for his or her care. In addition, if the individual knowingly provided the false information, he or she shall be assessed an administrative penalty of not more than $5,000.00.

(B) The Agency shall include information on the Green Mountain Care application to provide notice to applicants of the penalty for knowingly providing false information as established in subdivision (A) of this subdivision (2).

(C) An individual determined to be eligible for Green Mountain Care whose health services are paid in whole or in part by Medicaid funds who commits fraud shall be subject to the provisions of chapter 1, subchapter 5 of this title in lieu of the administrative penalty described in subdivision (A) of this subdivision (2).

(D) Nothing in this section shall be construed to limit or restrict prosecutions under any applicable provision of law.

(3)(A) Except as otherwise provided in this section, a person who is not a Vermont resident shall not be eligible for Green Mountain Care.

(B) Except as otherwise provided in subdivision (C) of this subdivision (3), an individual covered under Green Mountain Care shall inform the Agency within 60 days of becoming a resident of another state. An individual who obtains or attempts to obtain health services through Green Mountain Care more than 60 days after becoming a resident of another state shall reimburse the Agency for the amounts expended for his or her care and shall be assessed an administrative penalty of not more than $1,000.00 for a first violation and not more than $2,000.00 for any subsequent violation.

(C) An individual whose health services are paid in whole or in part by Medicaid funds who obtains or attempts to obtain health services through Green Mountain Care more than 60 days after becoming a resident of another state shall be subject to the provisions of chapter 1, subchapter 5 of this title in lieu of the administrative penalty described in subdivision (B) of this subdivision (3).

(D) Nothing in this section shall be construed to limit or restrict prosecutions under any applicable provision of law.

(b) The Agency shall establish a procedure to enroll residents in Green Mountain Care.

(c)(1) The Agency shall establish by rule a process to allow health care professionals to presume an individual is eligible based on the information provided on a simplified application.

(2) After submission of the application, the Agency shall collect additional information as necessary to determine whether Medicaid, Medicare, CHIP, or other federal funds may be applied toward the cost of the health services provided, but shall provide payment for any health services received by the individual from the time the application is submitted.

(3) If an individual presumed eligible for Green Mountain Care pursuant to subdivision (1) of this subsection is later determined not to be eligible for the program, the Agency shall make reasonable efforts to recover from the individual the amounts expended for his or her care.

(d) The Agency shall adopt rules pursuant to 3 V.S.A. chapter 25 to ensure that Vermont residents who are temporarily out of the State and who intend to return and reside in Vermont remain eligible for Green Mountain Care while outside Vermont.

(e) A nonresident visiting Vermont, or his or her insurer, shall be billed for all services received. The Agency may enter into intergovernmental arrangements or contracts with other states and countries to provide reciprocal coverage for temporary visitors and shall adopt rules pursuant to 3 V.S.A. chapter 25 to carry out the purposes of this subsection.
33 V.S.A. § 5305 — VT Code / Title 33 / Chapter 53 / Section 5305
§ 5305. Emergency care order; conditional custody order
Status: in_force

(a) Transfer of temporary custody. If the court determines that the child's continued residence in the home is contrary to the child's welfare, the court may issue an emergency care order transferring temporary custody of the child to the Department pending a temporary care hearing. The determination may be made ex parte, provided that it is reasonably supported by the affidavit prepared in accordance with section 5302 of this title.

(b) Contents of emergency care order. The emergency care order shall contain:

(1) a written finding that the child's continued residence in the home is contrary to the child's welfare and the factual allegations that support that finding;

(2) the date, hour, and place of the temporary care hearing to be held pursuant to section 5307 of this title; and

(3) notice of a parent's right to counsel at the temporary care hearing.

(c) Conditional custody order. If the court determines that the child may safely remain in the custody of the custodial parent, guardian, or custodian subject to such conditions and limitations necessary and sufficient to protect the child pending a temporary care hearing, the court may deny the request for an emergency care order and issue an emergency conditional custody order. An emergency conditional custody order shall contain the date, hour, and place of the temporary care hearing and notice of a parent's right to counsel at the hearing.
33 V.S.A. § 1908 — VT Code / Title 33 / Chapter 19 / Section 1908
§ 1908. Medicaid; payer of last resort; release of information
Status: in_force

(a) Any clause in an insurance contract, plan, or agreement that limits or excludes payments to a recipient is void.

(b) Medicaid shall be the payer of last resort to any insurer that contracts to pay health care costs for a recipient.

(c) Every applicant for or recipient of Medicaid under this subchapter is deemed to have authorized all third parties to release to the Agency all information needed by the Agency to secure or enforce its rights under this subchapter. The Agency shall inform an applicant or recipient of the provisions of this subsection at the time of application for Medicaid benefits.

(d) On and after July 1, 2016, an insurer shall:

(1) Accept the Agency's right of recovery and the assignment of rights and shall not charge the Agency or any of its authorized agents fees for the processing of claims or eligibility requests. Data files requested by or provided to the Agency shall provide the Agency with eligibility and coverage information that will enable the Agency to determine the existence of third-party coverage for Medicaid recipients, the period during which Medicaid recipients may have been covered by the insurer, and the nature of the coverage provided, including information such as the name, address, and identifying number of the plan.

(2) If the insurer requires prior authorization for an item or service, accept the Agency's authorization that the item or service is covered under the Medicaid state plan or waiver as if such authorization were the insurer's prior authorization.

(e)(1) Upon request, to the extent permitted under the federal Health Insurance Portability and Accountability Act and other federal privacy laws and notwithstanding any State privacy law to the contrary, an insurer shall transmit to the Agency, in a manner prescribed by the Centers for Medicare and Medicaid Services or as agreed between the insurer and the Agency, an electronic file of all of the insurer's identified subscribers or policyholders and their dependents.

(2) An insurer shall comply with a request under the provisions of this subsection not later than 60 days following the date of the Agency's request and shall be required to provide the Agency with only the information required by this section.

(3) The Agency shall request the data from an insurer once each month. The Agency shall not request subscriber or policyholder enrollment data that precede the date of the request by more than three years.

(4) The Agency shall use the data collected pursuant to this section solely for the purposes of determining whether a Medicaid recipient also has or has had coverage with the insurer providing the data.

(5) The Agency shall ensure that all data collected and maintained pursuant to this section are collected and stored securely and that such data are stored no longer than necessary to determine whether Medicaid benefits may be coordinated with the insurer, or as otherwise required by law. Insurers shall not be liable for any security incidents caused by the Agency in the collection or maintenance of the data.

(f)(1) Each insurer shall submit a file containing information required to coordinate benefits, such as the name, address, group policy number, coverage type, Social Security number, and date of birth of each subscriber or policyholder and each dependent covered by the insurer, including the policy effective and termination dates, claims submission address, and employer's mailing address.

(2) The Agency shall adopt rules governing the exchange of information pursuant to this section. The rules shall be consistent with laws relating to the confidentiality or privacy of personal information and medical records, including the Health Insurance Portability and Accountability Act.

(g) From funds recovered pursuant to this subchapter, the federal government shall be paid a portion equal to the proportionate share originally provided by the federal government to pay for medical assistance to a recipient or minor.
33 V.S.A. § 7111 — VT Code / Title 33 / Chapter 71 / Section 7111
§ 7111. Enforcement; protection of residents
Status: in_force

(a) The licensing agency shall enforce the provisions of this chapter to protect residents of facilities.

(b) The licensing agency may require a facility to take corrective action to eliminate a violation of a rule or provision of this chapter within a specified period of time. If the licensing agency does require corrective action, the following provisions shall apply:

(1) The licensing agency may, within the limits of resources available to it, provide technical assistance to the facility to enable it to comply with the provisions of this chapter.

(2) The facility shall provide the licensing agency with proof of correction of the violation within the time specified.

(3) If the facility has not corrected the violation by the time specified, the licensing agency may take such further action as it deems appropriate under this section.

(c)(1) The licensing agency may impose an administrative penalty against a facility for failure to correct a violation or failure to comply with a plan of corrective action for such a violation, as follows:

(A) up to $5.00 per resident or $50.00, whichever is greater, for each day a violation remains uncorrected if the rule or provision violated was adopted primarily for the administrative purposes of the licensing agency;

(B) up to $8.00 per resident or $80.00, whichever is greater, for each day a violation remains uncorrected if the rule or provision violated was adopted primarily to protect the welfare or the rights of residents; and

(C) up to $10.00 per resident or $100.00, whichever is greater, for each day a violation remains uncorrected if the rule or provision violated was adopted primarily to protect the health or safety of residents.

(2) The licensing agency may impose an administrative penalty against a facility of up to $10.00 per resident or $100.00, whichever is greater, for each day a facility operates without a license when either:

(A) the facility has not obtained a license; or

(B) a license has been revoked or voluntarily relinquished and the operator fails to obtain a new license or to cause all of the residents to be moved promptly and appropriately.

(3) For purposes of imposing administrative penalties under this subsection, a violation shall be deemed to have first occurred as of the date of the notice of violation.

(d) The licensing agency may, after notice and an opportunity for a hearing, suspend, revoke, modify, or refuse to renew a license upon any of the following grounds:

(1) violation by the licensee of any of the provisions of this chapter or the rules adopted pursuant to this chapter;

(2) conviction of a crime for conduct that demonstrates the unfitness of the licensee or the principal owner to operate a facility under this chapter;

(3) conduct inimical to the public health, morals, welfare, and safety of the people of the State of Vermont in the maintenance and operation of the premises for which a license is issued;

(4) financial incapacity of the licensee to provide adequate care and services; or

(5) failure to comply with a final decision or action of the licensing agency.

(e) In the interest of the public health and safety, and pursuant to the provisions for the summary suspension of a license in 3 V.S.A. § 814(c), the licensing agency shall suspend the license of a nursing home that has been administered by a provisional administrator licensed under 18 V.S.A. § 2061 for the preceding 90 days and which nursing home is not presently administered by an administrator who is permanently licensed under 18 V.S.A. § 2055.

(f) The licensing agency may suspend admissions to a facility or transfer residents from a facility to an alternative placement, or both, for a violation that may directly impair the health, safety, or rights of residents or for operating without a license. Residents subject to transfer shall:

(1) be allowed to participate in the decision-making process of the agency concerning the selection of an alternative placement;

(2) receive adequate notice of a pending transfer; and

(3) be allowed to contest their transfer in accordance with the procedures in section 7118 of this title.

(g) The licensing agency, the Attorney General, or a resident may bring an action for injunctive relief against a facility in accordance with the Rules of Civil Procedure to enjoin any act or omission that constitutes a violation of this chapter or rules adopted pursuant to this chapter.

(h) The Commissioner of Disabilities, Aging, and Independent Living, the Attorney General, or a resident or a resident's legal representative may bring an action as provided for in subchapter 4 of this chapter.

(i) The licensing agency may enforce a final order by filing a civil action in the Superior Court in the county in which the facility is located, or in Washington Superior Court.

(j) The remedies provided in this chapter are cumulative.
33 V.S.A. § 3603 — VT Code / Title 33 / Chapter 36 / Section 3603
§ 3603. Establishment of collective bargaining
Status: in_force

(a) Early care and education providers, through their exclusive representative, shall have the right to bargain collectively with the State through the Governor's designee.

(b)(1) Mandatory subjects of bargaining are limited to:

(A) child care subsidy reimbursement rates and payment procedures, excluding quality standards and payment schedules associated with the STep Ahead Recognition System (STARS);

(B) professional development;

(C) the collection of dues and disbursement to the exclusive representative;

(D) agency fees and disbursement to the exclusive representative; and

(E) procedures for resolving grievances.

(2) The parties may also negotiate on any mutually agreed matters that are not in conflict with State or federal law.

(c) The State, acting through the Governor's designee, shall meet with the exclusive representative for the purpose of entering into a written agreement.

(d) Early care and education providers shall be considered employees, and the State shall be considered the employer, solely for the purpose of collective bargaining under this chapter. Early care and education providers shall be considered State employees for purposes of collective bargaining. Early care and education providers shall not be considered State employees for any other reason, including for purposes of vicarious liability in tort, unemployment compensation, or workers' compensation. Early care and education providers shall not be eligible for participation in the State Employees Retirement System or the health insurance plans available to Executive Branch employees solely by virtue of bargaining under this chapter.

(e) An early care and education providers' organization shall not charge the agency fee unless it has established and maintained a procedure to provide nonmembers with:

(1) an audited financial statement that identifies the major categories of expenses and divides them into chargeable and nonchargeable expenses;

(2) an opportunity to object to the amount of the agency fee sought, and to place in escrow any amount reasonably in dispute; and

(3) prompt arbitration by the Vermont Labor Board to resolve any objections over the agency fee.

(f) Agency fees, if successfully bargained, shall be based on the proportionate amount of subsidies an early care and education provider receives.
33 V.S.A. § 404 — VT Code / Title 33 / Chapter 4 / Section 404
§ 404. State agencies to furnish information
Status: in_force

(a) Any governmental official or agency in the State, when requested by the Department of Vermont Health Access, shall furnish to the Department information in the official's or agency's possession with reference to aid given or money paid or to be paid to any person or person's spouse who is applying for or is receiving assistance or benefits from the Department of Vermont Health Access.

(b) The Commissioner of Taxes, when requested by the Commissioner of Vermont Health Access, and unless otherwise prohibited by federal law, shall compare the information furnished by an applicant or recipient of assistance with the State income tax returns filed by such person and shall report his or her findings to the Commissioner of Vermont Health Access. Each application for assistance shall contain a form of consent, executed by the applicant, granting permission to the Commissioner of Taxes to disclose such information to the Commissioner of Vermont Health Access.

(c) On the first day of each month, each unit of the Superior Court shall provide to the Commissioner of Vermont Health Access a list of all estates, including testate, intestate, and small estates, opened during the previous calendar month within the jurisdiction of that unit's Probate Division. The list shall contain the following information for each estate:

(1) the decedent's full name;

(2) the decedent's date of birth;

(3) the decedent's date of death;

(4) the docket number;

(5) the date on which the estate was opened; and

(6) the full name and contact information for the executor or administrator or his or her legal representative.
33 V.S.A. § 125 — VT Code / Title 33 / Chapter 1 / Section 125
§ 125. Budgetary inflation; direct service providers
Status: in_force

Annually, as part of its budget presentation, the Department shall inform the House Committees on Appropriations and on Human Services and the Senate Committees on Appropriations and on Health and Welfare the cost of adding a one percent increase over the previous fiscal year's funding for community-contracted direct service providers.
33 V.S.A. § 6914 — VT Code / Title 33 / Chapter 69 / Section 6914
§ 6914. Access to criminal records
Status: in_force

(a) The Commissioner may obtain from the Vermont Crime Information Center the record of convictions of any person to the extent that the Commissioner has determined that such information is necessary to protect vulnerable adults.

(b) The Commissioners of Disabilities, Aging, and Independent Living, of Health, and of Mental Health or their designees may, for the protection of vulnerable adults or for purposes related to oversight and monitoring of persons who are served by or compensated with funds provided by the Departments of Disabilities, Aging, and Independent Living, of Health, and of Mental Health, ask the Vermont Crime Information Center for the record of convictions of a person who is a current employee, volunteer, or contractor, or a person to whom the employer has given a conditional offer of a contract, volunteer position, or employment. If the individual has a record of convictions, the Vermont Crime Information Center shall inform the appropriate department of the date and type of conviction.

(c) Information released to an employer under this section shall not be released or disclosed by the employer to any person. Any person who violates this subsection shall be fined not more than $500.00.
33 V.S.A. § 5916 — VT Code / Title 33 / Chapter 59 / Section 5916
§ 5916. Severability and construction [Contingently enacted]
Status: in_force

(a) The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.

(b) The provisions of this Compact shall be liberally construed to effectuate its purposes.

(c) Nothing in this Compact shall be construed to prohibit the concurrent applicability of other interstate compacts to which the states are members. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 3519 — VT Code / Title 33 / Chapter 35 / Section 3519
§ 3519. Diversity, equity, and inclusion
Status: in_force

The Department shall consult with the Office of Racial Equity in preparing all public materials and trainings related to the Child Care Financial Assistance Program.
33 V.S.A. § 1999 — VT Code / Title 33 / Chapter 19 / Section 1999
§ 1999. Consumer protection rules; prior authorization
Status: repealed

(a)(1) The Pharmacy Best Practices and Cost Control Program shall authorize pharmacy benefit coverage when a patient's health care provider prescribes a prescription drug not on the preferred drug list, or a prescription drug that is not the list's preferred choice, if any of the circumstances set forth in subdivision (2) or (3) of this subsection applies.

(2)(A) The Program shall authorize coverage under the same terms as coverage for preferred choice drugs if the prescriber determines, after consultation with the pharmacist, or with the participating health benefit plan if required by the terms of the plan, that one or more of the following circumstances apply:

(i) The preferred choice or choices have not been effective, or with reasonable certainty are not expected to be effective, in treating the patient's condition.

(ii) The preferred choice or choices cause or are reasonably expected to cause adverse or harmful reactions in the patient.

(iii)(I) The patient is new to the Program and has been stabilized on a prescription drug that is not on the preferred drug list or is not one of the list's preferred choices, or a current patient has been stabilized on a prescription drug that has been removed from preferred drug list or is no longer one of the list's preferred choices, and it is clinically indicated that the patient should remain stabilized on the drug in order to avoid an adverse clinical impact or outcome.

(II) The Drug Utilization Review Board and the Department of Vermont Health Access shall clinically evaluate newly introduced medications and therapeutic classes to determine their clinical appropriateness for continuation of coverage as set forth in subdivision (I) of this subdivision (iii).

(B) The prescriber's determination concerning whether the standards established in this subdivision (2) have been demonstrated shall be final if any documentation required at the direction of the Drug Utilization Review Board has been provided.

(3) The Program shall authorize coverage if the patient agrees to pay any additional cost in excess of the benefits provided by the patient's health benefit plan that is participating in the Program. The provisions of this subdivision (3) shall not apply to the extent that they may be inconsistent with any federal Medicaid laws and regulations. The provisions of this subdivision (3) shall not affect implementation by a participating health benefit plan of tiered copayments or other similar cost sharing systems.

(b) The Program or any participating health benefit plan shall provide information on how prescribers, pharmacists, beneficiaries, and other interested parties can obtain a copy of the preferred drug list, whether any change has been made to the preferred drug list since it was last issued, and the process by which exceptions to the preferred list may be made.

(c), (d) [Repealed.]

(e)(1) The prior authorization process shall be designed to minimize administrative burdens on prescribers, pharmacists, and consumers. The provisions of this section shall apply to the Program's prior authorization process.

(2) The prior authorization process shall ensure real-time receipt of requests, by telephone, voicemail, facsimile, electronic transmission, or mail on a 24-hour basis, seven days a week.

(3) The prior authorization process shall provide an in-person response to emergency requests by a prescriber with telephone answering queues that do not exceed 10 minutes.

(4) Any request for authorization or approval of a drug that the prescriber indicates, including the clinical reasons for the request, is for an emergency or urgent condition shall be responded to in no more than four hours from the time the Program or participating health benefit plan receives the request.

(5) In emergency circumstances, or if the response to a request for prior authorization is not provided within the time period established in subdivision (4) of this subsection, a 72-hour supply of the drug prescribed shall be deemed to be authorized by the Program or the participating health benefit plan, provided it is a prescription drug approved by the Food and Drug Administration, and provided, for drugs dispensed to a Medicaid beneficiary, it is subject to a rebate agreement with the Centers for Medicare and Medicaid Services.

(6) The Program or participating plan shall provide to participating providers a prior authorization request form for each enrolled beneficiary, known to be a patient of the provider, designed to permit the prescriber to make prior authorization requests in advance of the need to fill the prescription, and designed to be completed without unnecessary delay. The form shall be capable of being stamped with information relating to the participating provider, and if feasible at least one form capable of being copied shall contain known patient information.

(f) The Program's prior authorization process shall require that the prescriber, not the pharmacy, request a prior authorization exemption to the requirements of this section. No later than December 31, 2004, the Commissioner shall create a pilot program designed to exempt a prescriber from the prior authorization requirement of the preferred drug list program if the Program determines that the prescriber has met compliance standards established by the Department in consultation with the Drug Utilization Review Board. This exemption does not apply to drugs that require prior authorization for clinical reasons.
33 V.S.A. § 5263 — VT Code / Title 33 / Chapter 52 / Section 5263
§ 5263. Juvenile probation certificate
Status: in_force

(a) When a juvenile is placed on probation, the court shall issue a written juvenile probation certificate setting forth:

(1) the name of the juvenile;

(2) the nature of the delinquent act committed by the juvenile;

(3) the date and place of the juvenile delinquency hearing;

(4) the order of the court placing the juvenile on probation; and

(5) the conditions of the juvenile's probation.

(b) The juvenile probation certificate shall be furnished to and signed by the juvenile and a custodial parent, guardian, or custodian of the child, if other than parent. It shall be fully explained to them, and they shall be informed about the consequences of violating the conditions of probation, including the possibility of revocation of probation. A copy of the juvenile probation certificate shall also be furnished to the Commissioner. The probation certificate is not invalidated if it is not signed as required by this subsection.

(c) The signature of a custodial parent, guardian, or custodian on a probation certificate shall constitute verification that the parent, guardian, or custodian understands the terms of juvenile probation and agrees to facilitate and support the child's compliance with such terms and to attend treatment programs with the child as recommended by the treatment provider.

(d) The juvenile probation certificate shall be full authority for the exercise by the Commissioner of all the rights and powers over and in relation to the juvenile prescribed by law and by the order of the court.
33 V.S.A. § 3201 — VT Code / Title 33 / Chapter 32 / Section 3201
§ 3201. Definitions
Status: in_force

As used in this chapter:

(1) “Child, Youth, and Family Advocate” or “Advocate” means an individual who leads the Office of the Child, Youth, and Family Advocate.

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

(3) “Office” means the Office of the Child, Youth, and Family Advocate.

(4) “State agency” means any office, department, board, bureau, division, agency, or instrumentality of the State.
33 V.S.A. § 4101 — VT Code / Title 33 / Chapter 41 / Section 4101
§ 4101. Office of Child Support; designation as IV-D agency; legislative purpose
Status: in_force

(a) The Office of Child Support in the Agency of Human Services shall be designated the IV-D agency for purposes of Title IV-D of the federal Social Security Act.

(b) The paramount interest of the State of Vermont is the welfare of its children. The establishment and enforcement of family support obligations is therefore an important function in this regard. The Office of Child Support in carrying out its responsibility shall be guided by the best interests of the child, but not the economic interests exclusively in an action for child support.
33 V.S.A. § 5202 — VT Code / Title 33 / Chapter 52 / Section 5202
§ 5202. Order of adjudication; noncriminal
Status: in_force

(a)(1) An order of the Family Division of the Superior Court in proceedings under this chapter shall not:

(A) be deemed a conviction of crime;

(B) impose any civil disabilities sanctions ordinarily resulting from a conviction; or

(C) operate to disqualify the child in any civil service application or appointment.

(2) Notwithstanding subdivision (1) of this subsection, a merits adjudication order issued pursuant to section 5229 of this title in proceedings concerning a child or youthful offender who is alleged to have committed a violation of those sections specified in 23 V.S.A. § 801(a)(1) shall be an event in addition to those specified therein, enabling the Commissioner of Motor Vehicles to require proof of financial responsibility under 23 V.S.A. chapter 11.

(3) Notwithstanding subdivision (1) of this subsection, a merits adjudication order issued pursuant to section 5229 of this title in proceedings concerning a child or youthful offender who is alleged to have committed a violation of 23 V.S.A. chapter 13, subchapter 13 shall be reported to the Commissioner of Motor Vehicles in accordance with the provisions of 23 V.S.A. § 1709.

(b) The disposition of a child and evidence given in a hearing in a juvenile proceeding shall not be admissible as evidence against the child in any case or proceeding in any other court except after a subsequent conviction of a felony in proceedings to determine the sentence.
33 V.S.A. § 3209 — VT Code / Title 33 / Chapter 32 / Section 3209
§ 3209. Confidentiality
Status: in_force

(a) The Office shall maintain the confidentiality of all case records, third- party records, and court records, as well as any information gathered in the course of carrying out individual complaint and systems reviews. These records are exempt from public inspection and copying under the Public Records Act and shall be kept confidential except as provided in subsections (b) and (c) of this section.

(b) In the course of carrying out the provisions of this chapter, if the Child, Youth, and Family Advocate or Deputy Advocate reasonably believes that the health, safety, or welfare of a child or youth is at imminent risk, the Advocate or Deputy Advocate may disclose relevant documents or information to the Department or any of the individuals or entities listed in subdivision 4921(e)(1) of this title, or both. Determinations of relevancy shall be made by the Advocate.

(c) Notwithstanding subsection (a) of this section, the Child, Youth, and Family Advocate or Deputy Advocate may publicly disclose any patterns of conduct or repeated incidents identified by the Advocate or Deputy Advocate in carrying out the provisions of this chapter if the Advocate or Deputy Advocate reasonably believes that public disclosure is likely to mitigate a risk posed to the health, safety, and welfare of a child or youth, except the Advocate or Deputy Advocate shall not publicly disclose either of the following:

(1) individually identifiable information about a child or youth, or the child's or youth's family, foster family, or kin in a kinship placement unless the information is already known to the public; and

(2) findings where there is a pending law enforcement investigation or prosecution.
33 V.S.A. § 1923 — VT Code / Title 33 / Chapter 19 / Section 1923
§ 1923. Penalties and other remedies
Status: in_force

(a) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a stamping agent has violated this subchapter or any rule adopted pursuant to this subchapter, the Attorney General may, for each violation of this subchapter, also impose a civil penalty in an amount not to exceed the greater of 500 percent of the retail value of the cigarettes sold, offered for sale, or possessed for sale in violation of this subchapter or $5,000.00. Each stamp affixed and each sale or offer to sell cigarettes in violation of section 1919 of this subchapter shall constitute a separate violation.

(b) The Attorney General may seek an injunction to restrain a threatened or actual violation of this subchapter by a stamping agent and to compel the stamping agent to comply with the provisions of this subchapter. In any action brought pursuant to this section, the State shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and reasonable attorney's fees.

(c) It shall be unlawful for a person to:

(1) Sell or distribute cigarettes that the person knows or should know are intended for distribution or sale in the State in violation of this subchapter.

(2) Acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in the State in violation of this subchapter. A violation of this section shall be a misdemeanor punishable by imprisonment for not more than one year and a fine of not more than $5,000.00, or both.

(d) A person who violates section 1919 of this title engages in an unfair and deceptive trade practice in violation of the State's Consumer Protection Act, 9 V.S.A. § 2451 et seq.

(e) If a court determines that a person has violated the provisions of this subchapter, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the State Treasurer for deposit in the Tobacco Litigation Settlement Fund established pursuant to 32 V.S.A. § 435a.

(f) Unless otherwise expressly provided, the penalties or remedies, or both, provided by this subchapter are cumulative to each other and to the penalties or remedies, or both, available under all other laws of this State.
33 V.S.A. § 4912 — VT Code / Title 33 / Chapter 49 / Section 4912
§ 4912. Definitions
Status: in_force

As used in this subchapter:

(1) “Abused or neglected child” means a child whose physical health, psychological growth and development, or welfare is harmed or is at substantial risk of harm by the acts or omissions of his or her parent or other person responsible for the child's welfare. An “abused or neglected child” also means a child who is sexually abused or at substantial risk of sexual abuse by any person and a child who has died as a result of abuse or neglect.

(2) “Assessment” means a response to a report of child abuse or neglect that focuses on the identification of the strengths and support needs of the child and the family and any services they may require to improve or restore their well-being and to reduce the risk of future harm. The child and family assessment does not result in a formal determination as to whether the reported abuse or neglect has occurred.

(3) “Child” means an individual under the age of majority.

(4) “Child Protection Registry” means a record of all investigations that have resulted in a substantiated report on or after January 1, 1992.

(5) “Emotional maltreatment” means a pattern of malicious behavior that results in impaired psychological growth and development.

(6) “Harm” can occur by:

(A) Physical injury or emotional maltreatment.

(B) Failure to supply the child with adequate food, clothing, shelter, or health care. As used in this subchapter, “adequate health care” includes any medical or nonmedical remedial health care permitted or authorized under State law. Notwithstanding that a child might be found to be without proper parental care under chapters 51 and 53 of this title, a parent or other person responsible for a child's care legitimately practicing his or her religious beliefs who thereby does not provide specified medical treatment for a child shall not be considered neglectful for that reason alone.

(C) Abandonment of the child.

(7) “Investigation” means a response to a report of child abuse or neglect that begins with the systematic gathering of information to determine whether the abuse or neglect has occurred and, if so, the appropriate response. An investigation shall result in a formal determination as to whether the reported abuse or neglect has occurred.

(8) “Member of the clergy” means a priest, rabbi, clergy member, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, or person performing official duties on behalf of a church or religious body that are recognized as the duties of a priest, rabbi, clergy, nun, brother, ordained or licensed minister, leader of any church or religious body, or accredited Christian Science practitioner.

(9) “Multidisciplinary team” means a group of professionals, paraprofessionals, and other appropriate individuals impaneled by the Commissioner under this chapter for the purpose of assisting in the identification and review of cases of child abuse and neglect, coordinating treatment services for abused and neglected children and their families, and promoting child abuse prevention.

(10) “Person responsible for a child's welfare” includes the child's parent, guardian, foster parent, any other adult residing in the child's home who serves in a parental role; an employee of a public or private residential home, institution, or agency; or other person responsible for the child's welfare while in a residential, educational, or child care setting, including any staff person.

(11) “Physical injury” means death or permanent or temporary disfigurement or impairment of any bodily organ or function by other than accidental means.

(12) “Redacted investigation file” means the intake report, the investigation activities summary, and case determination report that are amended in accordance with confidentiality requirements set forth in section 4913 of this title.

(13) “Registry record” means an entry in the Child Protection Registry that consists of the name of an individual substantiated for child abuse or neglect, the date of the finding, the nature of the finding, and at least one other personal identifier, other than a name, listed in order to avoid the possibility of misidentification.

(14) “Risk of harm” means a significant danger that a child will suffer serious harm by other than accidental means, which harm would be likely to cause physical injury, or sexual abuse, including as the result of:

(A) a single, egregious act that has caused the child to be at significant risk of serious physical injury;

(B) the production or preproduction of methamphetamines when a child is actually present;

(C) failing to provide supervision or care appropriate for the child's age or development and, as a result, the child is at significant risk of serious physical injury;

(D) failing to provide supervision or care appropriate for the child's age or development due to use of illegal substances or misuse of prescription drugs or alcohol;

(E) failing to supervise appropriately a child in a situation in which drugs, alcohol, or drug paraphernalia are accessible to the child; and

(F) a registered sex offender or person substantiated for sexually abusing a child residing with or spending unsupervised time with a child.

(15) “Sexual abuse” consists of any act or acts by any person involving sexual molestation or exploitation of a child, including:

(A) incest;

(B) prostitution;

(C) rape;

(D) sodomy;

(E) lewd and lascivious conduct involving a child;

(F) aiding, abetting, counseling, hiring, or procuring of a child to perform or participate in any photograph, motion picture, exhibition, show, representation, or other presentation that, in whole or in part, depicts sexual conduct, sexual excitement, or sadomasochistic abuse involving a child;

(G) viewing, possessing, or transmitting child pornography, with the exclusion of the exchange of images between mutually consenting minors, including the minor whose image is exchanged;

(H) human trafficking;

(I) sexual assault;

(J) voyeurism;

(K) luring a child; or

(L) obscenity.

(16) “Substantiated report” means that the Commissioner or the Commissioner's designee has determined after investigation that a report is based upon accurate and reliable information where there is a preponderance of the evidence necessary to support the allegation that the child has been abused or neglected.

(17) “Serious physical injury” means, by other than accidental means:

(A) physical injury that creates any of the following:

(i) a substantial risk of death;

(ii) a substantial loss or impairment of the function of any bodily member or organ;

(iii) a substantial impairment of health; or

(iv) substantial disfigurement; or

(B) strangulation by intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
33 V.S.A. § 5304 — VT Code / Title 33 / Chapter 53 / Section 5304
§ 5304. Designated shelters for runaway children
Status: in_force

The Commissioner shall designate shelters throughout the State where a child may be housed for a period not to exceed 21 days if he or she is:

(1) taken into custody pursuant to subdivision 5301(3) of this title; or

(2) referred by other means described in the policies of the Department for Children and Families.
33 V.S.A. § 5121 — VT Code / Title 33 / Chapter 51 / Section 5121
§ 5121. Case planning process
Status: in_force

The Department shall actively engage families, and solicit and integrate into the case plan the input of the child, the child's family, relatives, and other persons with a significant relationship to the child. Whenever possible, parents, guardians, and custodians shall participate in the development of the case plan.
33 V.S.A. § 1832 — VT Code / Title 33 / Chapter 18 / Section 1832
§ 1832. Rulemaking
Status: in_force

The Secretary of Human Services may adopt rules pursuant to 3 V.S.A. chapter 25 to carry out the purposes of this subchapter. When establishing rules relating to the Green Mountain Care benefit package, the Secretary shall ensure that the rules are consistent with the benefit package defined by the Green Mountain Care Board pursuant to section 1825 of this title and to 18 V.S.A. chapter 220.
33 V.S.A. § 5722 — VT Code / Title 33 / Chapter 57 / Section 5722
§ 5722. Definitions
Status: in_force

As used in this chapter, unless the context clearly requires a different construction:

(1) “Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct.

(2) “Commissioner” means the voting representative of each compacting state appointed pursuant to section 5723 of this title.

(3) “Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this compact.

(4) “Compacting state” means any state which has enacted the enabling legislation for this compact.

(5) “Court” means any court having jurisdiction over delinquent, neglected, or dependent children.

(6) “Deputy compact administrator” means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this compact.

(7) “Interstate Commission” means the Interstate Commission for Juveniles created by section 5723 of this title.

(8) “Juvenile” means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:

(A) an accused delinquent (a person charged with an offense that, if committed by an adult, would be a criminal offense);

(B) an adjudicated delinquent (a person found to have committed an offense that, if committed by an adult, would be a criminal offense);

(C) an accused status offender (a person charged with an offense that would not be a criminal offense if committed by an adult);

(D) an adjudicated status offender (a person found to have committed an offense that would not be a criminal offense if committed by an adult); and

(E) a nonoffender (a person in need of supervision who has not been accused or adjudicated a status offender or delinquent).

(9) “Noncompacting state” means any state which has not enacted the enabling legislation for this compact.

(10) “Probation or parole” means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.

(11) “Rule” means a written statement by the Interstate Commission promulgated pursuant to section 5726 of this title that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Commission; and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.

(12) “State” means a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
33 V.S.A. § 1123 — VT Code / Title 33 / Chapter 11 / Section 1123
§ 1123. Vermont Matched Savings Program
Status: in_force

(a) As used in this section:

(1) “Account” means a savings account that is held in an insured financial institution that is maintained by the saver as part of an approved account program and an approved savings plan.

(2) “Agency” means the Agency of Human Services.

(3) “Approved account program” means a program approved by the Agency and administered by a service provider.

(4) “Approved savings plan” means a plan, approved by the service provider and agreed to by the saver, that defines savings goals, program requirements, and anticipated uses of the savings and matching funds. The plan shall be a contract between the saver and the service provider. The plan shall limit the maximum amount of savings that is the basis for receipt of matching funds to no more than $500.00 per saver per calendar year and $1,000.00 per family per calendar year, and to no more than $2,000.00 per lifetime of the saver and $4,000.00 per lifetime of members of a family.

(5) “Education” means a postsecondary program of instruction approved by the service provider and provided by a college, university, community college, area vocational technical school, professional institution, or specialized college or school legally authorized to grant degrees. The term also means any job training or related educational program approved by the service provider.

(6) “Eligible uses” means education, training that leads to employment, the purchase or improvement of a home, the purchase or repair of a vehicle necessary to participate in an employment-related activity, or participation in or development of an entrepreneurial activity.

(7) “Entrepreneurial activity” means the purchase of or investment in a for-profit venture in which the saver will be a principal.

(8) “Financial institution” means any insured federal or State chartered bank, bank and trust company, savings bank, savings and loan association, trust company, or credit union, approved by the service provider for the establishment of an individual development savings account.

(9) “Fund” means the Vermont Matched Savings Grant Special Fund established by this section.

(10) “Minimum savings amount” means the minimum amount of the saver's earnings established in the approved savings plan that the saver must deposit in order to be eligible for matching funds.

(11) “Program” means the Vermont Matched Savings Program established by this section.

(12) “Public assistance” means financial assistance provided by the Reach Up program or a separate State program established under the authority of section 1121 of this title.

(13) “Saver” means an individual who is 18 years of age or older, or who is under 18 years of age if the account is held in the name of a parent or caretaker of the saver, or a family group:

(A) who resides in this State;

(B) who has applied for and been enrolled in the individual development savings program;

(C) whose household income at the time of application is within the applicable financial eligible standards:

(i) to receive public assistance;

(ii) to claim the federal earned income credit, without regard to any age limitation; or

(iii) to participate in a federal savings program administered pursuant to this section; and

(D) whose net worth as of the calendar year preceding the determination of eligibility does not exceed $10,000.00, excluding the primary dwelling unit, one motor vehicle owned by members of the saver's family in a one-parent family or two motor vehicles owned by members of the saver's family in a two-parent family, and the tools of saver's trade that do not exceed $10,000.00 in value and that are necessary to continue or seek employment.

(14) “Service provider” means a nonprofit organization approved by the Agency that encourages and assists local community-based human service development, and that is an organization described in Section 501(c)(3) of the Internal Revenue Code of the United States that is exempt from taxation under Section 501(a) of such Code.

(b) The Agency shall establish by rule standards and procedures to implement and administer the Vermont Matched Savings Program. The Program may include a program with eligibility criteria that satisfy federal funding requirements or the requirements of other funding sources that are more restrictive than those established in subsection (a) of this section, and a program funded by State appropriations and other revenue. Such standards and procedures shall include the following:

(1) An applicant shall apply to a service provider for a determination of eligibility for enrollment in the Program. The service provider shall develop an approved savings plan with each saver who has been determined eligible and enrolled in the Program. The approved savings plan shall specify a minimum savings amount to be saved and the frequency of deposits to be made by the saver to the savings account during the duration of the plan. The application and plan shall be prepared on forms provided and approved by the service provider.

(2) The enrolled saver shall complete a financial management training program approved by the Agency and provided by or through the service provider.

(3) An enrolled saver shall open an account in a financial institution that has been approved by the service provider as a depository for the saver's contributions. The saver and the service provider shall jointly own the account, including interest earned, jointly, with the saver as primary owner.

(4) An enrolled saver with an approved plan and account monitored by a service provider shall comply with the requirements of the plan for at least one year, but no more than five years, in order to be eligible for matching fund grants.

(5) In order to obtain matching funds, the saver shall present evidence satisfactory to the service provider that the amount to be withdrawn will be expended only for an eligible use. A withdrawal from an account for an eligible use shall be made payable to the person who provides the eligible use. The Agency, or the Vermont Student Assistance Corporation pursuant to 16 V.S.A. § 2878a, shall pay matching funds to the person that provides the eligible use. Matching funds shall not be paid to the saver.

(6) The service provider may terminate an approved savings plan for a saver who fails to meet the savings goals set out in the approved plan or who withdraws from the Program, in accordance with standards and procedures established by rule by the Agency. Any funds contributed by the saver shall revert to the sole ownership of the saver, to be used by the saver for any purpose. Funds in accounts created pursuant to a Vermont Higher Education Savings Plan shall be subject to the provisions of the Plan's participation agreement.

(7) The Agency shall monitor Program participation, and shall limit additional Program participation when the funds appropriated to carry out the purposes of this section are not sufficient to support additional approved savings plans.

(8) The Agency shall establish by rule any other standards and procedures necessary or desirable to implement the Vermont Matched Savings Program, including minimum requirements for approval of savings plans, criteria for training and counseling, reporting requirements for participating financial institutions, and matching fund allocation standards.

(c)(1) The Vermont Matched Savings Grant Special Fund is established in the State Treasury and shall be administered in accordance with the provisions of 32 V.S.A. chapter 7, subchapter 5, except that interest earned on the Fund shall be retained in the Fund. Into the Fund shall be deposited proceeds from grants, donations, contributions, appropriations, and other revenue authorized by law. The Fund shall be used only for the purpose of providing matching funds for the Vermont Matched Savings Program as established in this section, and to provide grants to service providers for administrative expenses of administering the Program.

(2) The Agency may make grants from the Vermont Matched Savings Grant Special Fund to service providers to provide the match for approved savings plans with enrolled savers. The amount and number of grants shall be calculated quarterly by the Agency based on the number of savers and the amounts included in their approved plans administered by each service provider so that payment of the maximum match is ensured for all savers for the period for the approved savings plans without exceeding the balance in the Fund. The Agency may award grants from the Fund to service providers to cover their expenses of training and counseling savers and to implement and administer the Vermont Matched Savings Program. The Agency may approve the use of interest earnings on grant funds as a portion of approved administrative costs.

(3) The Agency and service providers, separately or cooperatively, may solicit grants and private contributions for the Vermont Matched Savings Grant Special Fund.

(d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section to the contrary:

(1) a saver may open an account under this section as a Vermont Higher Education Savings Plan Account under 16 V.S.A. chapter 87, subchapter 7;

(2) the duration of the saver's ownership of a Vermont Higher Education Savings Plan Account shall not be subject to any limitation of time, except as provided in 16 V.S.A. chapter 87, subchapter 7; and

(3) the saver's ownership of a Vermont Higher Education Savings Plan Account shall not be included in the saver's income or resources for purposes of the saver's eligibility for TANF or SSI funds or services.
33 V.S.A. § 1901e — VT Code / Title 33 / Chapter 19 / Section 1901e
§ 1901e. Global Commitment Fund
Status: in_force

(a) The Global Commitment Fund is created in the Treasury as a special fund. The Fund shall consist of the revenues received by the Treasurer as payment of the actuarially certified premium from the Agency of Human Services to the managed care organization within the Department of Vermont Health Access for the purpose of providing services under the Global Commitment to Health waiver approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act.

(b) The monies in the Fund shall be disbursed as allowed by appropriation of the General Assembly, and shall be disbursed by the Treasurer on warrants issued by the Commissioner of Finance and Management, when authorized by the Commissioner of Vermont Health Access and approved by the Commissioner of Finance and Management consistent with the interdepartmental agreements between the managed care organization within the Department of Vermont Health Access and departments delivering eligible services under the waiver. The Department of Vermont Health Access shall not modify an appropriation through an interdepartmental agreement or any other mechanism. A department or agency authorized to spend monies from this Fund under an interdepartmental agreement may spend monies appropriated as a base Medicaid expense for an allowable managed care organization investment under the terms and conditions of the Global Commitment to Health Medicaid Section 1115 waiver only after receiving approval from the Agency of Human Services.

(c) Annually, on or before October 1, the Agency shall provide a detailed report to the Joint Fiscal Committee that describes the managed care organization's investments under the terms and conditions of the Global Commitment to Health Medicaid Section 1115 waiver, including the amount of the investment and the agency or departments authorized to make the investment.
33 V.S.A. § 1903 — VT Code / Title 33 / Chapter 19 / Section 1903
§ 1903. Contract authorized
Status: in_force

(a) The Commissioner of Vermont Health Access may contract with a private organization to operate, under his or her control and supervision, parts of the medical assistance program.

(b) The contract shall provide that either party may cancel it upon reasonable notice to the other party.

(c) In furtherance of the purposes of the contract, the Commissioner of Vermont Health Access may requisition funds for the purposes of this subchapter, with the approval of the Governor, and the Commissioner of Finance and Management shall issue a warrant in favor of the contracting party to permit the contracting party to make payments to vendors under the contract. The Commissioner of Vermont Health Access shall quarterly, and at other times as the Commissioner of Finance and Management requires, render an account in a form as the Commissioner of Finance and Management prescribes of the expenditures of monies so advanced.
33 V.S.A. § 1211 — VT Code / Title 33 / Chapter 12 / Section 1211
§ 1211. Recertification
Status: in_force

A family's hours of employment and other countable work activities shall be verified every six months to determine continuing eligibility for the program. To the extent possible for families receiving Supplemental Nutrition Assistance Program benefits, income verification may be done at the same time as the Supplemental Nutrition Assistance Program benefit recertification or verification of employment hours.
33 V.S.A. § 5292 — VT Code / Title 33 / Chapter 52 / Section 5292
§ 5292. Detention in adult facilities of minors charged or adjudicated as delinquents
Status: in_force

(a) A minor charged with a delinquent act shall not be detained under this chapter in a jail or other facility intended or used for the detention of adults unless the child is alleged to have committed a crime punishable by life imprisonment and it appears to the satisfaction of the court that public safety and protection reasonably require such detention.

(b) A minor who has been adjudicated as a delinquent child shall not by virtue of such adjudication be committed or transferred to an institution or other facility used primarily for the execution of sentences of persons convicted of a crime.

(c) The official in charge of a jail or other facility intended or used for the detention of adult offenders or persons charged with crime shall inform the court immediately when a minor who is or appears to be under the age of 18 years is received at the facility other than pursuant to subsection (a) of this section or section 5293 of this title and shall deliver the minor to the court upon request of the court or transfer the minor to the detention facility designated by the court by order.