33 V.S.A. § 7301 — VT Code / Title 33 / Chapter 73 / Section 7301
§ 7301. Nursing Home Residents' Bill of Rights
Status: in_force

The General Assembly hereby adopts the Nursing Home Residents' Bill of Rights as follows:

(1) The governing body of the facility shall establish written policies regarding the rights and responsibilities of residents and, through the administrator, is responsible for development of, and adherence to, procedures implementing such policies. These policies and procedures shall be made available to residents; to any guardians, next of kin, sponsoring agency, or representative payees selected pursuant to subsection 205(j) of the Social Security Act and 20 C.F.R. Part 404, Subpart U; and to the public.

(2) The staff of the facility shall ensure that, at a minimum, each individual admitted to the facility:

(A) Is fully informed, as evidenced by the resident's written acknowledgment, prior to or at the time of admission and during the stay, of these rights and of all rules and regulations governing resident conduct and responsibilities. Reasonable accommodation shall be made to communicate the Residents' Bill of Rights to residents with communication impairments and residents who speak a language other than English.

(B) Is fully informed, prior to or at the time of admission and during the stay, of services available in the facility and of related charges, including any charges for services not covered under Title XVIII or XIX of the Social Security Act, or not covered by the facility's basic per diem rate, including the facility's policy on providing toiletries, adult briefs, wheelchairs, and all personal care and medical items. The facility shall inform residents in writing about Medicaid and Medicare eligibility and what is covered under those programs, including information on resource limits and allowable uses of the resident's income for items and services not covered by Medicaid and Medicare. The facility shall inform residents or their guardians or agents in writing about eligibility for hospice services and the circumstances under which hospice services may be available.

(C) Is fully informed, by a physician, of the medical condition, and is afforded the opportunity to participate in the planning of the medical treatment and to refuse to participate in experimental research.

(D) Is transferred or discharged only for medical reasons, or for the resident's welfare or that of other residents, or for nonpayment of the resident's stay (except as prohibited by Title XVIII or XIX of the Social Security Act), and is given reasonable advance notice to ensure orderly transfer or discharge, and such actions are documented in the resident's medical record. Residents shall be notified in writing of the proposed transfer or discharge and reasons for it at least 72 hours before a transfer within the facility and 30 days before a discharge from the facility. In cases in which the health or safety of individuals would be endangered, or an immediate transfer or discharge is required by the resident's urgent medical needs, notice shall be made as soon as practicable before transfer or discharge. Notice shall explain the resident's right to appeal the proposed action under the facility's grievance procedure and shall include the address and phone number of the area ombudsman. The resident informed of this right may choose to relocate before the notice period ends. The facility shall make reasonable efforts to accommodate new residents without disrupting room assignments.

(E) Is encouraged and assisted, throughout the resident's period of stay, to exercise the individual's rights as a resident and as a citizen, and to this end may voice grievances and recommend changes in policies and services to facility staff or to outside representatives of the resident's choice, free from restraint, interference, coercion, discrimination, or reprisal.

(F) May manage the resident's personal financial affairs, or is given at least a quarterly accounting of financial transactions made on the resident's behalf should the facility accept the resident's written delegation of this responsibility to the facility for any period of time in conformance with State law.

(G) Is free from mental and physical abuse, and free from chemical and (except in emergencies) physical restraints except as authorized in writing by a physician for a specified and limited period of time, or when necessary to protect the resident from self-injury or injury to others. The facility shall inform residents of its restraint policy and appeal rights under the facility's grievance procedure. The policy must include the release of the restraints no less than every two hours for 10 minutes for exercise or repositioning. The resident has the right to be free from any physical restraints imposed or psychoactive drugs administered for purposes of discipline or convenience.

(H) Is assured confidential treatment of the resident's personal and medical records, and may approve or refuse their release to any individual outside the facility, except in case of the resident's transfer to another health care institution or as required by law or third-party payment contract.

(I) Is treated with consideration, respect, and full recognition of the resident's dignity and individuality, including privacy in treatment and in care for the resident's personal needs.

(J) Is not required to perform services for the facility that are not included for therapeutic purposes in the resident's plan of care.

(K) May associate and communicate privately with persons of the resident's choice, and send and receive the resident's personal mail unopened.

(L) May meet with, and participate in activities of, social, religious, and community groups at the resident's discretion.

(M) May retain and use the resident's personal clothing and possessions as space permits, unless to do so would infringe upon rights of other residents.

(N) If married, is assured privacy for visits by the resident's spouse; if both are residents of the facility, they are permitted to share a room.

(O) Shall have the right to choose the resident's own personal physician and the right to request a second opinion from a physician of the resident's choice if significant alternatives for care or treatment exist. If the resident requests information concerning care or treatment alternatives, the resident has the right to receive such information from the resident's doctor or the administrators as appropriate.

(P) To the extent permitted by law, has the right to refuse care or treatment, including the right to discharge himself or herself from the facility, and to be informed of the consequences of that action, and the nursing home shall be relieved of any further responsibility for that refusal.

(Q) Is assured reasonable access to a telephone located in a quiet area where the resident can conduct a private conversation.

(R) Has the right to return to the first available bed in the nursing home the resident came from after hospitalization if the patient has not retained the resident's bed under subdivision (S) of this subdivision (2), provided the facility is able to meet the resident's medical needs and that the resident's welfare or that of other residents will not be adversely affected.

(S) Has the right upon payment of the resident's usual rate or, in the case of Medicaid residents, the resident's certified per diem compensation, to retain the resident's bed in the nursing home while absent from the facility due to hospitalization, provided such absence does not exceed 10 successive days.

(T) Is provided with professional assessment of pain and its management.

(3) The staff of the facility shall ensure that the residents and their families:

(A) Shall have the right to organize, maintain, and participate in either resident or family councils, or both. The facility shall provide space and, if requested, assistance for meetings. Council meetings shall be afforded privacy, with staff or visitors attending only at the council's invitation. The facility shall respond in writing to written requests from council meetings. Resident councils and family councils shall be encouraged to make recommendations regarding facility policies.

(B) Shall have the right to review current and past State and federal survey and inspection reports of the facility and, upon request, to receive a copy of any report from the facility. Copies of reports shall be available for review at any time at one station in the facility. The facility may charge a reasonable amount for more than one copy per resident.
33 V.S.A. § 5732 — VT Code / Title 33 / Chapter 57 / Section 5732
§ 5732. Severability; construction
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.
33 V.S.A. § 3542 — VT Code / Title 33 / Chapter 35 / Section 3542
§ 3542. Scholarships for prospective early childhood providers [Repealed effective July 1, 2026]
Status: in_force

(a)(1) There is established a need-based scholarship program for individuals pursuing a college degree in early childhood education or early childhood special education. The scholarship program shall provide financial assistance up to the full cost of tuition for an eligible individual.

(2) An eligible individual shall:

(A) attend a Vermont college or university at least part-time;

(B) be pursuing an associates or bachelor's degree in early childhood education or early childhood special education; and

(C) commit to working in a regulated, privately operated center-based child care program or family child care home in Vermont for years equal to those in which scholarship monies are sought under this section.

(b)(1) The Department for Children and Families shall adopt policies, procedures, and guidelines necessary for implementation of the program described in subsection (a) of this section.

(2) The Department may contract for the administration of the program. Administration costs shall not be more than 10 percent of the total appropriation received to implement this section.

(c)(1) Scholarships distributed pursuant to this section shall be available on a first-come, first-served basis until any appropriated funds are depleted.

(2) An eligible individual who does not work the required number of years in a regulated, privately operated center-based child care program or family child care home in Vermont after completion of the individual's degree program shall repay scholarship monies received under this section commensurate with the balance of the eligible individual's time commitment.

(d) An individual shall not simultaneously participate in the scholarship program set forth in this section and the student loan repayment assistance program set forth in section 3543 of this title.
33 V.S.A. § 5228 — VT Code / Title 33 / Chapter 52 / Section 5228
§ 5228. Constitutional protections for a child in delinquency proceedings
Status: in_force

A child charged with a delinquent act need not be a witness against, nor otherwise incriminate, himself or herself. Any extrajudicial statement, if constitutionally inadmissible in a criminal proceeding, shall not be used against the child. Evidence illegally seized or obtained shall not be used over objection to establish the charge against the child. A confession out of court is insufficient to support an adjudication of delinquency unless corroborated in whole or in part by other substantial evidence.
33 V.S.A. § 3517 — VT Code / Title 33 / Chapter 35 / Section 3517
§ 3517. Child care tuition rates
Status: in_force

A child care provider shall ensure that its tuition rates are available to the public. A regulated child care provider shall not impose an increase on annual child care tuition that exceeds 1.5 times the most recent annual increase in the NAICS code 611, Educational Services. This amount shall be posted on the Department's website annually.
33 V.S.A. § 1901l — VT Code / Title 33 / Chapter 19 / Section 1901l
§ 1901l. Medication for opioid use disorder
Status: in_force

(a) The Agency of Human Services shall provide coverage to Medicaid beneficiaries for medically necessary medication for opioid use disorder when prescribed by a health care professional practicing within the scope of the professional's license and participating in the Medicaid program.

(b) Pending approval of the Drug Utilization Review Board, the Agency shall cover at least one medication in each therapeutic class for methadone, buprenorphine, and naltrexone as listed on Medicaid's preferred drug list without requiring prior authorization.
33 V.S.A. § 1702 — VT Code / Title 33 / Chapter 17 / Section 1702
§ 1702. Payment error rate report
Status: in_force

On or before January 1 of the year following any federal fiscal year in which the State of Vermont receives a federal sanction for a payment error rate greater than the federal threshold in the Supplemental Nutrition Assistance Program (SNAP), the Department for Children and Families shall report to the Senate Committee on Appropriations regarding:

(1) the number of households that received SNAP benefits and were discovered to have an overpayment or underpayment in the sanction year due to agency error, including the average amount of the overpayments and underpayments and the total amount of each; and

(2) the Department's specific plans for sanction reinvestment to improve its error rate for the next federal fiscal year and prevent sanction in the future.
33 V.S.A. § 5320a — VT Code / Title 33 / Chapter 53 / Section 5320a
§ 5320a. Duration of conditional custody orders postdisposition
Status: in_force

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

(b) Custody orders to nonparents.

(1) When the court at disposition issues an order continuing or transferring legal custody with a nonparent pursuant to subdivision 5318(a)(2) or (a)(7) of this title, the court shall set the matter for a hearing six months from the date of disposition or custody order, whichever occurs later. At the hearing, the court shall determine whether it is in the best interests of the child to:

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

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

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

(2) If, after hearing, the court determines that reasonable progress has been made toward reunification and that reunification is in the best interests of the child but will require additional time, the court may extend the current order for a period not to exceed six months and set the matter for further hearing.
33 V.S.A. § 5116 — VT Code / Title 33 / Chapter 51 / Section 5116
§ 5116. Costs and expenses for care of child
Status: in_force

(a) The Commissioner may incur such expenses for the proper care, maintenance, and education of a child, including the expenses of medical, surgical, or psychiatric examination or treatment, as the Commissioner considers necessary in connection with proceedings under the juvenile judicial proceedings chapters.

(b) The costs of any proceeding under the juvenile judicial proceedings chapters incurred under the provisions of this title shall be borne by the court.

(c) The court may, in any order of disposition under the juvenile judicial proceedings chapters, make and enforce by levy and execution an order of child support to be paid by the parent of the child.

(d) The court may delegate to the office of magistrate its authority to make and enforce an order of child support to be paid by the parent of a child.

(e) A child support order shall only remain in effect as long as the child who is the subject of the support order is in the legal custody of the Commissioner and placed with someone other than the parent or parents responsible for support.

(f) Except as otherwise provided in section 5119 of this title, orders issued pursuant to this section shall not be confidential.

(g) Notwithstanding subsection 5103(b) of this title, an order terminating a parent's residual parental rights ends that parent's obligation to pay child support. However, in no event shall an order terminating residual parental rights terminate an obligation for child support arrearages accrued by the parent prior to the date of the termination of parental rights order.
33 V.S.A. § 5127 — VT Code / Title 33 / Chapter 51 / Section 5127
§ 5127. Victim's right to presence of victim's advocate
Status: in_force

When a victim in a juvenile or youthful offender proceeding is ordered by the court to attend or has a right to attend the proceeding, the victim may be accompanied at the proceeding by a victim's advocate.
33 V.S.A. § 3514 — VT Code / Title 33 / Chapter 35 / Section 3514
§ 3514. Payment to providers
Status: in_force

(a)(1) The Commissioner shall establish a payment schedule for purposes of reimbursing providers for full- or part-time child care services rendered to families who participate in the programs established under section 3512 or 3513 of this title. The payment schedule shall account for the age of the children served, and all providers in the same child care setting category shall receive a reimbursement rate payment, which shall be dependent upon whether the provider operates a child care center and preschool program, family child care home, or afterschool or summer care program. The reimbursement rate shall then be adjusted to reduce the differential between family child care homes and center-based child care and preschool programs by 50 percent.

(2) Payments shall be based on enrollment. The Department, in consultation with the Office of Racial Equity and stakeholders, shall adopt rules pursuant to 3 V.S.A. chapter 25 that define “enrollment” and the total number of allowable absences to continue participating in the Child Care Financial Assistance Program. The Department shall minimize itemization of absence categories.

(b) The Commissioner may establish a separate payment schedule for child care providers who have received specialized training, approved by the Commissioner, relating to protective or family support services.

(c)(1) The payment schedule established by the Commissioner may reimburse providers in accordance with the results of the most recent Vermont Child Care Market Rate Survey.

(2) The payment schedule shall include reimbursement rate caps tiered in relation to provider ratings in the Vermont STARS program. The lower limit of the reimbursement rate caps shall be not less than the 50th percentile of all reported rates for the same provider setting in each rate category.
33 V.S.A. § 5312 — VT Code / Title 33 / Chapter 53 / Section 5312
§ 5312. Failure to appear at preliminary hearing
Status: in_force

(a) If a parent, guardian, or custodian has been served by certified mail with the petition and notice of hearing and fails to appear at the preliminary hearing, the court may order that the parent, guardian, or custodian be served with a judicial summons ordering the person to appear in court with the child at a specified date and time.

(b) If, after being summoned to appear, the parent, guardian, or custodian fails to appear or fails to bring the child to court as ordered, the court may issue a pick-up order or warrant pursuant to section 5108 of this title.
33 V.S.A. § 7110 — VT Code / Title 33 / Chapter 71 / Section 7110
§ 7110. Violation; notice
Status: in_force

(a) If, as a result of an inspection or investigation, the licensing agency determines that a condition in the facility violates a rule or provision of this chapter, it shall prepare a written notice of violation, which shall state the following:

(1) a description of each condition that constitutes a violation;

(2) each rule or statutory provision alleged to have been violated;

(3) the date by which the violation must be corrected;

(4) sanctions the licensing agency may impose for failure to correct the violation or failure to provide proof of correction by the date specified;

(5) the right to appeal the notice of violation as provided in section 7118 of this title; and

(6) the right to apply for a variance as provided in section 7106 of this title.

(b) The licensing agency may take immediate enforcement action when necessary to eliminate a condition that can reasonably be expected to cause death or serious physical or mental harm to residents or staff before it can be eliminated through the provisions of section 7111 of this title. A licensing agency taking such action shall explain that action and the reasons for it in the notice of violation.
33 V.S.A. § 3616 — VT Code / Title 33 / Chapter 36 / Section 3616
§ 3616. Appeal
Status: in_force

(a) Any person aggrieved by an order or decision of the Board issued under the authority of this chapter may appeal on questions of law to the Supreme Court.

(b) An order of the Board shall not automatically be stayed pending appeal. A stay must first be requested from the Board. The Board may stay the order or any part of it. If the Board denies a stay, then a stay may be requested from the Supreme Court. The Supreme Court or a single Justice may stay the order or any part of it and may order additional interim relief.
33 V.S.A. § 2072 — VT Code / Title 33 / Chapter 19 / Section 2072
§ 2072. General eligibility
Status: in_force

(a) An individual shall be eligible for assistance under this subchapter if the individual:

(1) is a resident of Vermont at the time of application for benefits;

(2) is at least 65 years of age or is an individual with disabilities as defined in subdivision 2071(1) of this title; and

(3) has a household income, when calculated using modified adjusted gross income as defined in 26 U.S.C. § 36B(d)(2)(B), no greater than 225 percent of the federal poverty level.

(b) An individual whose pharmaceutical expenses are paid or reimbursable, either in whole or in part, by any plan of assistance or insurance, other than Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act, shall not be eligible for pharmaceutical assistance under this subchapter. No assistance shall be provided under this subchapter with respect to an individual pharmaceutical purchase that may be covered in whole by Title XVIII.

(c) If an individual becomes ineligible for assistance under this subchapter, the Secretary shall terminate assistance to the individual.
33 V.S.A. § 5253 — VT Code / Title 33 / Chapter 52 / Section 5253
§ 5253. Emergency care order; conditional custody order
Status: in_force

(a) Transfer of temporary custody.

(1) The court may issue an emergency care order transferring temporary custody of the child to the Department pending a temporary care hearing if the court determines that:

(A) there is probable cause that the child has committed a delinquent act; and

(B) continued residence in the home is contrary to the child's welfare because:

(i) the child cannot be controlled at home and is at risk of harm to self or others; or

(ii) continued residence in the home will not safeguard the well-being of the child and the safety of the community because of the serious and dangerous nature of the act the juvenile is alleged to have committed.

(2) The determination may be made ex parte, provided that it is reasonably supported by the affidavit prepared in accordance with subsection 5252(b) 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 5255 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, the court may deny the request for an emergency care order and issue an emergency conditional custody order. The order shall contain:

(1) conditions and limitations necessary to protect the child, the community, or both;

(2) the date, hour, and place of the temporary care hearing to be held pursuant to section 5255 of this title; and

(3) notice of a parent's right to counsel at the hearing.
33 V.S.A. § 6903 — VT Code / Title 33 / Chapter 69 / Section 6903
§ 6903. Reporting suspected abuse, neglect, and exploitation of vulnerable adults
Status: in_force

(a) All employees, contractors, volunteers, or grantees who directly provide health care, law enforcement, caregiving, counseling, education, or social services to adults who know of information of abuse, neglect, or exploitation of a vulnerable adult or who have reason to suspect that any vulnerable adult has been abused, neglected, or exploited shall report in accordance with the provisions of section 6904 of this title within two business days.

(1) If an individual listed in this subsection is a direct witness to evidence of abuse, neglect, or exploitation, the individual shall report or be party to a report that is made on behalf of multiple mandatory reporters.

(2) If an individual listed in this subsection knows of abuse, neglect, or exploitation of a vulnerable adult or has actual knowledge that any vulnerable adult has been abused, neglected, or exploited, the individual shall report unless the individual has reason to believe that the evidence of abuse, neglect, or exploitation has already been reported.

(3) Except as provided in subdivision (4) of this subsection (a), an individual listed in this subsection (a) shall not refuse to make a report required by this section on the grounds that making the report would violate a privilege or disclose a confidential communication.

(4) A crisis worker acting pursuant to 12 V.S.A. § 1614 and the State Long-Term Care Ombudsman or a designee of the Office, as defined in section 7501 of this title, shall not be required to make a report under this subsection (a) if the report would be based upon information received in a communication that is:

(A) made to a crisis worker or State Long-Term Care Ombudsman or a designee of the Office acting in the individual's professional capacity; and

(B) intended by the parties to be confidential at the time the communication is made.

(b) Any other concerned person not listed in subsection (a) of this section who knows of or has received a complaint of abuse, neglect, or exploitation of a vulnerable adult or who has reason to suspect that any vulnerable adult has been abused, neglected, or exploited may report or cause a report to be made in accordance with the provisions of section 6904 of this title.

(c) The identity of a person who makes a report under this section shall be kept confidential unless:

(1) the person making the report consents to disclosure;

(2) a judicial proceeding results from the report;

(3) a court, after a hearing, finds probable cause to believe the report was not made in good faith and orders the Department to disclose the person's identity; or

(4) the reporter is listed in subdivision (a)(1) of this section, in which case the reporter's information may be shared with other investigative bodies as necessary to conduct the investigation.
33 V.S.A. § 5908 — VT Code / Title 33 / Chapter 59 / Section 5908
§ 5908. Limitations-Article VIII [Contingently repealed; effective until contingency met]
Status: in_force

This compact shall not apply to:

(1) the sending or bringing of a child into a receiving state by his or her parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his or her guardian and leaving the child with any such relative or nonagency guardian in the receiving state;

(2) any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.

The member states hereby establish, by way of this Compact, a commission known as the “Interstate Commission for the Placement of Children.” The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:

(1) Be a joint commission of the member states and shall have the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states.

(2) Consist of one commissioner from each member state who shall be appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program. The appointed commissioner shall have the legal authority to vote on policy related matters governed by this Compact binding the state.

(A) Each member state represented at a meeting of the Interstate Commission is entitled to one vote.

(B) A majority of the member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

(C) A representative shall not delegate a vote to another member state.

(D) A representative may delegate voting authority to another person from the state for a specified meeting.

(3) In addition to the commissioners of each member state, the Interstate Commission shall include persons who are members of interested organizations as defined in the bylaws or rules of the Interstate Commission. Such members shall be ex officio and shall not be entitled to vote on any matter before the Interstate Commission.

(4) Establish an executive committee that shall have the authority to administer the day-to-day operations and administration of the Interstate Commission. It shall not have the power to engage in rulemaking. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 7304 — VT Code / Title 33 / Chapter 73 / Section 7304
§ 7304. Administrative penalty
Status: in_force

The Commissioner of Disabilities, Aging, and Independent Living may, after a hearing, impose an administrative penalty of not more than $1,000.00 against any facility or employee of a facility who violates a provision of this chapter.
33 V.S.A. § 116 — VT Code / Title 33 / Chapter 1 / Section 116
§ 116. State-placed students
Status: in_force

To enable a school district to determine if a student is a State-placed student, as defined in 16 V.S.A. § 11(a)(28), the Commissioner for Children and Families shall immediately notify the superintendent of schools for the school district educating the student if the parent or parents of a student under the care and custody of the Commissioner move from or into that school district.
33 V.S.A. § 5235 — VT Code / Title 33 / Chapter 52 / Section 5235
§ 5235. Juvenile restitution
Status: in_force

(a) Restitution shall be considered in every case in which a victim of a delinquent act has suffered a material loss. For purposes of this section, “material loss” means uninsured property loss, uninsured out-of-pocket monetary loss, uninsured lost wages, and uninsured medical expenses.

(b) When ordered, restitution may include:

(1) return of property wrongfully taken from the victim;

(2) cash, credit card, or installment payments paid to the Restitution Unit; and

(3) payments in kind, if acceptable to the victim.

(c) In awarding restitution, the court shall make findings in accordance with subdivision 5262(b)(2) of this title.

(d) If restitution is ordered, the victim shall be entitled to payment from the Crime Victims' Restitution Fund, pursuant to 13 V.S.A. § 5363. An order of restitution shall establish the amount of material loss incurred by the victim, which shall be the restitution judgment order. Every order of restitution shall include:

(1) the juvenile's name and address;

(2) the name of the victim;

(3) the amount ordered; and

(4) any co-defendant names if applicable.

(e) In the event the juvenile is unable to pay the restitution judgment order at the time of disposition, the court shall fix the amount thereof, which shall not exceed an amount the juvenile can or will be able to pay, and establish a restitution payment schedule based upon the juvenile's current and reasonably foreseeable future ability to pay, subject to modification under section 5264 of this title.

(f) The court shall transmit a copy of a restitution order to the Restitution Unit, which shall make payment to the victim in accordance with 13 V.S.A. § 5363.

(g) To the extent that the Victims' Compensation Board has made payment to or on behalf of the victim in accordance with 13 V.S.A. chapter 167, restitution, if imposed, shall be paid to the Restitution Unit, which shall make payment to the Crime Victims' Compensation Fund.

(h) When restitution is requested but not ordered, the court shall set forth on the record its reasons for not ordering restitution.

(i) Any information concerning restitution payments made by a juvenile shall be available to the Vermont Restitution Unit for purposes of determining restitution obligations of adult and juvenile co-defendants.

(j) In accordance with 13 V.S.A. § 5363, the Restitution Unit is authorized to make payments to victims of delinquent acts where restitution was ordered by a court prior to July 1, 2008, and the order was first entered on or after July 1, 2004.

(k)(1) The Restitution Unit may bring an action to enforce a restitution order issued under this section in the Superior or Small Claims Court of the county where the offender resides or in the county where the order was issued. In an action under this subsection, a restitution order issued in a juvenile proceeding shall be enforceable in Superior or Small Claims Court in the same manner as a civil judgment. Superior and Small Claims Court filing fees shall be waived for an action under this subsection and for an action to renew a restitution judgment.

(2) An action under this subsection may be brought only after the offender reaches 18 years of age and shall not be subject to any limitations period.

(3) For purposes of this subsection, a restitution order issued in a juvenile proceeding shall not be confidential. The sealing of a juvenile record shall not affect the authority of the Restitution Unit to enforce a restitution order in the same manner as a civil judgment under subdivision (1) of this subsection.
33 V.S.A. § 7216 — VT Code / Title 33 / Chapter 71 / Section 7216
§ 7216. Review and termination
Status: in_force

(a) The court shall review the necessity of the receivership at least semiannually.

(b) Either party or the Commissioner of Disabilities, Aging, and Independent Living may petition the court to terminate the receivership. The petition shall include a certification from the Commissioner or designee that the conditions that prompted the appointment have been corrected or, in the case of a discontinuance of operation, when the residents are safely relocated.

(c) The petitioner shall send notice of the petition to terminate the receivership to the mortgage holder, the licensing agency, and the State Long-Term Care Ombudsman at the time of filing.

(d) A receivership shall not be terminated in favor of the former or the new licensee unless that person assumes all obligations incurred by the receiver and provides collateral or other assurances of payment considered sufficient by the court.

(e) At the time of termination of the receivership, the court shall lift the suspension or revoke the license of the licensee.
33 V.S.A. § 2076 — VT Code / Title 33 / Chapter 19 / Section 2076
§ 2076. Over-the-counter and generic medications
Status: in_force

(a) All public pharmaceutical assistance programs shall provide coverage for those over-the-counter pharmaceuticals on the preferred drug list developed under section 1998 of this title, provided the pharmaceuticals are authorized as part of the medical treatment of a specific disease or condition, and they are a less costly, medically appropriate substitute for currently covered pharmaceuticals.

(b) All public pharmaceutical assistance programs shall comply with the provisions regarding generic drugs established in 18 V.S.A. chapter 91.

(c) DVHA shall seek any waivers of federal law, rule, or regulation necessary to implement the provisions of this section.
33 V.S.A. § 6205 — VT Code / Title 33 / Chapter 62 / Section 6205
§ 6205. Area agencies on aging; duties
Status: in_force

(a) Consistent with the Older Americans Act and in consultation with local home- and community-based service providers, each area agency on aging shall:

(1) develop and implement a comprehensive and coordinated system of services, supports, and protections for older Vermonters, family caregivers, and kinship caregivers within the agency's designated service area;

(2) target services and supports to older Vermonters with the greatest economic and social need;

(3) perform regional needs assessments to identify existing resources and gaps;

(4) develop an area plan with goals, objectives, and performance measures, and a corresponding budget, and submit them to the State Unit on Aging for approval;

(5) concentrate resources, build community partnerships, and enter into cooperate agreements with agencies and organizations for delivery of services;

(6) designate community focal points for colocation of supports and services for older Vermonters; and

(7) conduct outreach activities to identify individuals eligible for assistance.

(b) In addition to the duties described in subsection (a) of this section, the area agencies on aging shall:

(1) promote the principles established in section 6202 of this subchapter across the agencies' programs and shall collaborate with stakeholders to educate the public about the importance of each principle;

(2) promote collaboration with a network of service providers to provide a holistic approach to improving health outcomes for older Vermonters; and

(3) use their existing area plans to facilitate awareness of aging issues, needs, and services and to promote the system principles expressed in section 6202 of this subchapter.
33 V.S.A. § 2606 — VT Code / Title 33 / Chapter 26 / Section 2606
§ 2606. Application period; assistance
Status: in_force

(a) The Secretary of Human Services or designee may accept applications on an ongoing basis beginning on April 1, 2010. The Secretary or designee may establish by rule the procedure for accepting applications and determining eligibility under this subsection.

(b) No qualified applicant shall be penalized through a reduction of benefits for a late-filed application, except that such applicant shall not receive benefits for any period prior to the month of application.

(c) The Secretary of Human Services or designee shall process applications and related tasks, including assisting households in applying and providing required information and locating and contacting fuel suppliers certified under section 2607 of this title.
33 V.S.A. § 1116 — VT Code / Title 33 / Chapter 11 / Section 1116
§ 1116. Sanctions
Status: repealed

(a) The financial assistance grant of a participating family shall be reduced, in accordance with the provisions of this section, if a participating adult does not engage, without good cause, with the family development plan or program participation requirements in sections 1112 and 1113 of this title.

(b) Prior to the reduction in a family's financial assistance grant resulting from a sanction imposed under this section, the Department shall provide an independent review of the participant's circumstances and the basis for the participant's nonengagement. The Commissioner or the Commissioner's designee shall perform the review.

(c)(1) For a first, second, and third month in which a participating adult is not engaged with a family development plan or program participation requirements and has not demonstrated good cause for such nonengagement, the family's financial assistance grant shall be reduced by the amount of $75.00.

(2) For the fourth and any subsequent month not subject to the reduction required by subsection (e) of this section in which a participating adult is not engaged with a family development plan or program participation requirements and has not demonstrated good cause for such nonengagement, the family's financial assistance grant shall be reduced by the amount of $150.00 for each adult sanctioned.

(d) A participant may cure a sanction by engaging with the Department's rules. During the first 60 months of the family's receipt of financial assistance, a participating adult may have all previous sanctions forgiven by demonstrating 12 consecutive months of compliance with family development plan requirements or work requirements or any combination of the two. Subsequent acts of noncompliance after a sanctioned adult has completed a successful 12-month sanction forgiveness period will be treated in accordance with subdivisions (c)(1) and (2) of this section without consideration of the sanctions that have been forgiven.

(e) [Repealed.]

(f)(1) Under no circumstances during the first six months that a family's grant is reduced due to fiscal sanctions imposed pursuant to subsection (c) of this section shall the grant be reduced to less than an amount that in combination with the family's other countable income is less than the family's actual incurred housing costs up to the applicable maximum housing allowance.

(2) The Commissioner shall provide the housing costs by electronic or direct payment to the person to whom housing costs are owed. Any balance of financial assistance remaining after the electronic or direct payment has been deducted shall be paid in two payments, the first to be paid within the first half of the calendar month and the second to be paid within the second half of the calendar month.

(g) The financial assistance grant of a family that has been subject to a fiscal sanction for more than six cumulative months shall be reduced in accordance with the full sanction amounts and without any consideration of the housing costs protection established in subsection (f) of this section. This section shall not apply if the family, after the fiscal sanction period of more than six months, has an intervening period of no less than 36 months before another fiscal sanction and spends those months in a state of program compliance, grant closure, or any combination of the two.

(h) To receive payments during the fiscal sanction period, an adult who is the subject of the sanction shall meet not less than once each month to report the adult's circumstances to the case manager or to participate in assessments as directed by the case manager. In addition, this meeting shall be for initial assessment and development of the family development plan when such tasks have not been completed and reassessment or review and revision of the family development plan, if appropriate.

(i) [Repealed.]
33 V.S.A. § 1205 — VT Code / Title 33 / Chapter 12 / Section 1205
§ 1205. Required services to participating families
Status: in_force

(a) The Commissioner shall provide participating families Reach Ahead services, case management services if necessary, and referral to any agencies or programs, including workforce development, that provide the services needed by participating families to improve the family's prospects for employment retention. Reach Ahead services shall be provided for 24 months.

(b) A participating family shall be eligible for an Enhanced Child Care Services Subsidy during its 12th through 24th months on the Reach Ahead program pursuant to subsection 3512(b) of this title.
33 V.S.A. § 4110 — VT Code / Title 33 / Chapter 41 / Section 4110
§ 4110. Employer obligations
Status: in_force

(a) Where a parent is required by a court or administrative order to provide health coverage for a child, and the parent is eligible for dependent health coverage, which is available through an employer doing business in this State, the employer is required:

(1) To enroll under dependent coverage any child who is otherwise eligible for coverage without regard to any enrollment season restrictions or any seasonal restrictions on switching from one plan to another upon application of either parent, by the State agency administering the Medicaid program, by any State agency administering health benefits or a health benefit plan for which Medicaid is a source of funding, or the Child Support Enforcement Program.

(2) Not to disenroll or eliminate coverage of any such child unless the employer is provided satisfactory written evidence that:

(A) the court order is no longer in effect;

(B) the child is or will be enrolled in comparable coverage that will take effect no later than the effective date of disenrollment;

(C) the employer has eliminated dependent health coverage for all of its employees if allowed by law.

(3) To withhold from the employee's compensation the employee's share (if any) of premiums for health coverage and to pay this amount to the insurer. Any employer failing to withhold as required under this subdivision shall be liable for any premiums not withheld and paid over to the insurer.

(4) To send written notice to the insurer within 10 days of receipt of a notice under 15 V.S.A. § 663(d). The employer shall be liable for any child medical expenses that would have been covered under the employer's health plan had notice been given to the insurer according to this section.

(5) Notice to the employer under 15 V.S.A. § 663(d), if given by first-class mail, postage prepaid, or by any other method showing actual receipt, shall be presumptive evidence of its receipt by the employer to whom it is addressed. Any period of time that is determined under this section by the giving of such notice shall commence to run from the date of mailing if the notice is mailed, or the date of actual receipt if another method of transmitting the notice is used.

(6) As used in this section, “dependent coverage” has the same meaning as in 8 V.S.A. § 4058.

(b) Effective October 1, 1998, all employers in the State of Vermont shall report all new hires to the Department of Labor, and reported information will be shared with the Office of Child Support for the purpose of expediting compliance with court ordered wage withholding orders, and location of payers or parents with an obligation to provide parental contact. The Department of Labor may use the information to assist with the administration of the Unemployment Insurance Program.

(1) Employers shall report new hires within 10 calendar days of the first date of employment for a new employee.

(2) Employers shall report the following data elements to the Department of Labor: newly hired employee's name, address, first date of employment, Social Security number, and the employer's name, address, and federal identification number.

(3) Employers shall report the required new hire data elements electronically, when practicable, or on a form supplied or approved by the Department of Labor. Forms may be transmitted by fax transmission, first-class mail, magnetic tape, electronically, or inputting data elements via the telephone.

(4) If the failure to report is the result of collusion between employer and employee, the employer shall be liable to the obligee in the amount of the wages required to be withheld but not more than $500.00.

(c) As used in this section:

(1) “Employee”:

(A) means an individual who is an employee within the meaning of chapter 24 of the Internal Revenue Code of 1986; and

(B) does not include an employee of a federal or State agency performing intelligence or counterintelligence functions, if the head of such agency has determined that reporting pursuant to this section with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.

(2) “Employer” has the meaning given such term in Section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental entity and any labor organization.

(3) “First date of employment” is the first day services are performed for compensation as a new hire.

(4) “New hire” means an employee who:

(A) has not previously been employed by the employer; or

(B) was previously employed by the employer but has been separated from that employment for at least 60 consecutive days.
33 V.S.A. § 4902 — VT Code / Title 33 / Chapter 49 / Section 4902
§ 4902. Definitions
Status: in_force

As used in this chapter:

(1) “Child” means a person under 18 years of age committed by the Family Division of the Superior Court to the Department for Children and Families.

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

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

(4) “Foster care” means care of a child, for a valuable consideration, in a child care institution or in a family other than that of the child's parent, guardian, or relative.
33 V.S.A. § 5914 — VT Code / Title 33 / Chapter 59 / Section 5914
§ 5914. Member states; effective date and amendment [Contingently enacted]
Status: in_force

(a) Any state is eligible to become a member state.

(b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no fewer than 35 states. The effective date shall be the later of July 1, 2007 or upon enactment of the Compact into law by the 35th state. Thereafter it shall become effective and binding as to any other member state upon enactment of the Compact into law by that state. The executive heads of the state human services administration with ultimate responsibility for the child welfare program of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states.

(c) The Interstate Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 6910 — VT Code / Title 33 / Chapter 69 / Section 6910
§ 6910. Interference by caregiver
Status: in_force

If consent to receive protective services has been obtained in accordance with section 6907 of this title and the Commissioner has reasonable cause to believe that the caregiver is interfering with the provision of those protective services, the Department may petition the Superior Court for an order enjoining the caregiver from interfering with the provision of protective services. The petition shall present facts to show that the vulnerable adult is in need of protective services, that the vulnerable adult or the vulnerable adult's representative consents to the receipt of protective services, and that the caregiver has interfered with the provision of protective services. If the court, after hearing, finds that the vulnerable adult requires and consents to protective services, and has been prevented by the vulnerable adult's caregiver from receiving protective services the court may issue an order enjoining the caregiver from further interference.
33 V.S.A. § 5227 — VT Code / Title 33 / Chapter 52 / Section 5227
§ 5227. Timelines for pretrial and merits hearing
Status: in_force

(a) Pre-trial hearing. At the preliminary hearing, the court shall set a date for a pretrial hearing on the petition. The pretrial hearing shall be held within 15 days of the preliminary hearing. In the event there is no admission or dismissal at the pretrial hearing, the court shall set the matter for a hearing to adjudicate the merits of the petition.

(b) Merits hearing. Except for good cause shown, a merits hearing shall be held and merits adjudicated no later than 60 days from the date of the preliminary hearing.
33 V.S.A. § 1812 — VT Code / Title 33 / Chapter 18 / Section 1812
§ 1812. Financial assistance to individuals
Status: in_force

(a)(1) An individual or family eligible for federal premium tax credits under 26 U.S.C. § 36B with income less than or equal to 300 percent of federal poverty level shall be eligible for premium assistance from the State of Vermont.

(2) The Department of Vermont Health Access shall establish a premium schedule on a sliding scale based on modified adjusted gross income for the individuals and families described in subdivision (1) of this subsection. The Department shall reduce the premium contribution for these individuals and families by 1.5 percent below the premium amount established in 26 U.S.C. § 36B.

(3) Premium assistance shall be available for the same qualified health benefit plans for which federal premium tax credits are available.

(b)(1) An individual or family with income at or below 300 percent of the federal poverty level shall be eligible for cost-sharing assistance, including a reduction in the out-of-pocket maximums established under Section 1402 of the Affordable Care Act.

(2) The Department of Vermont Health Access shall establish cost-sharing assistance on a sliding scale based on modified adjusted gross income for the individuals and families described in subdivision (1) of this subsection. Cost-sharing assistance shall be established as follows:

(A) for households with income at or below 150 percent of the federal poverty level (FPL): 94 percent actuarial value;

(B) for households with income above 150 percent FPL and at or below 200 percent FPL: 87 percent actuarial value;

(C) for households with income above 200 percent FPL and at or below 250 percent FPL: 77 percent actuarial value;

(D) for households with income above 250 percent FPL and at or below 300 percent FPL: 73 percent actuarial value.

(3) Cost-sharing assistance shall be available for silver-level qualified health benefit plans purchased through the Vermont Health Benefit Exchange and shall be administered using the same methods as set forth in Section 1402 of the Affordable Care Act to the extent practicable.

(c) To the extent feasible, the Department shall use the same mechanisms provided in the Affordable Care Act to establish financial assistance under this section in order to minimize confusion and complication for individuals, families, and health insurers.
33 V.S.A. § 6936 — VT Code / Title 33 / Chapter 69 / Section 6936
§ 6936. Emergency relief; hearings
Status: in_force

(a) In accordance with the Rules for Family Proceedings, temporary orders under this subchapter may be issued ex parte, without notice to the defendant, upon motion and findings by the court that the defendant has abused, neglected, or exploited the vulnerable adult and that serious and irreparable harm to the physical health or financial interests of the vulnerable adult will result without ex parte relief.

(b) If the petition is made by an interested person, notice shall be provided to the vulnerable adult and the court shall determine whether the vulnerable adult is capable of expressing his or her wishes with respect to the petition and if so, whether the vulnerable adult wishes to pursue the petition. If the court determines that the vulnerable adult is capable of expressing his or her opinion and does not wish to pursue the petition, the court shall dismiss the petition.

(c) In addition to the information required under subsection 6935(b) of this title, every order issued under this section shall state upon its face a date, time, and place when the defendant may appear to petition the court for modification or discharge of the order. When service of the temporary order cannot be made before the scheduled hearing, the court shall continue the hearing and extend the terms of any temporary order upon request of the plaintiff for such additional time as it deems necessary to achieve service on the defendant. The defendant's opportunity to contest shall be scheduled as soon as reasonably possible, but in no event later than 10 days from the date of issuance of the order.

(d)(1) The Court Administrator shall establish procedures to ensure access to relief after regular court hours or on weekends and holidays.

(2) The procedures established pursuant to this subsection shall include:

(A) designation of an employee of the Judiciary authorized to receive requests for ex parte petitions submitted after regular court hours; and

(B) permission for the petitioner's affidavit to be sworn to or affirmed by administration of the oath over the telephone to the petitioner by the authorized person, during or after regular court hours.
33 V.S.A. § 5267 — VT Code / Title 33 / Chapter 52 / Section 5267
§ 5267. Previolation hearing
Status: in_force

(a) Whenever a juvenile probationer is apprehended and placed on the grounds that the juvenile has violated a condition of probation, the juvenile shall be given a hearing before a judicial officer prior to the close of business on the next court business day in order to determine whether there is probable cause to hold the juvenile for a violation hearing. The juvenile and the adult who signed the probation certificate shall be given:

(1) notice of the previolation hearing and its purpose and the allegations of violations of conditions of probation; and

(2) notice of the juvenile's right to be represented by counsel and right to be assigned counsel if the juvenile is unable to obtain counsel.

(b) At the previolation hearing the juvenile shall be given:

(1) an opportunity to appear at the hearing and present evidence on his or her own behalf; and

(2) upon request, the opportunity to question witnesses against him or her unless, for good cause, the judicial officer decides that justice does not require the appearance of the witness.

(c) If probable cause is found to exist, the juvenile shall be held for a hearing to determine if the juvenile violated the conditions of probation. If probable cause is not found to exist, the proceedings shall be dismissed.

(d) A juvenile held under this section pursuant to a request to find the juvenile in violation of probation may be released by a judicial officer pending hearing or appeal.
33 V.S.A. § 5303 — VT Code / Title 33 / Chapter 53 / Section 5303
§ 5303. Procedure for runaway children
Status: in_force

(a) If an officer takes a child into custody pursuant to subdivision 5301(3) of this title, the officer shall deliver the child to:

(1) the child's custodial parent, foster parent, guardian, custodian, or noncustodial parent lawfully exercising parent-child contact; or

(2) a shelter designated by the Department pursuant to section 5304 of this title as qualified to assist children who have run away for the purpose of reuniting them with their parents, guardian, or legal custodian.

(b) Upon delivery of a child to a shelter, the shelter program director or his or her designee shall notify the child's parents, guardian, or custodian that the child has been taken into custody and make reasonable efforts to mediate the differences between the parties.

(c) A child may remain at a designated shelter for a period not to exceed 21 days.

(d) Upon expiration of the 21-day period or sooner at the request of the child or the custodial parent:

(1) the child shall be released to his or her custodial parent, foster parent, guardian, custodian, or noncustodial parent lawfully exercising parent-child contact; or

(2) an officer shall seek an emergency care order pursuant to section 5302 of this title.

(e) Unless otherwise ordered by the court, the custody status of the child shall remain the same during the period of time the child is at the shelter.
33 V.S.A. § 1955 — VT Code / Title 33 / Chapter 19 / Section 1955
§ 1955. ICF/DD assessment
Status: in_force

(a) Beginning October 1, 2011, each ICF/DD's annual assessment shall be 5.9 percent of the ICF/DD's total annual direct and indirect expenses for the most recently settled ICF/DD audit.

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

(c) Each ICF/DD shall remit its assessment to the Department according to a schedule adopted by the Commissioner. The Commissioner may permit variations in the schedule of payment as deemed necessary.

(d) Any ICF/DD that fails to make a payment to the Department on or before the specified schedule, or under any schedule of delayed payments established by the Commissioner, shall be assessed not more than $1,000.00. The Commissioner may waive the late-payment assessment provided for in this subsection for good cause shown by the ICF/DD.
33 V.S.A. § 7510 — VT Code / Title 33 / Chapter 75 / Section 7510
§ 7510. Legal assistance
Status: in_force

(a)(1) A contract for Ombudsman services shall require the Ombudsman program to secure adequate legal counsel that is available, has competencies relevant to the legal needs of the Ombudsman program and of residents, and is without conflict of interest, in order to:

(A) provide consultation and representation as needed to enable the Ombudsman program to protect the health, safety, welfare, and rights of residents; and

(B) provide consultation or representation, or both, as needed to assist the Ombudsman and representatives of the Office in the performance of their official functions, responsibilities, and duties, including complaint resolution and systems advocacy.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, if the Ombudsman or representatives of the Office are State employees, the Office of the Attorney General shall provide legal representation and advice to the Ombudsman and the representatives of the Office.

(b) Legal representation of the Ombudsman program by the Ombudsman or a representative of the Office who is a licensed attorney shall not by itself constitute adequate legal counsel.
33 V.S.A. § 3501 — VT Code / Title 33 / Chapter 35 / Section 3501
§ 3501. Division of Child Development; duties
Status: in_force

The Division of Child Development shall:

(1) encourage the development of a comprehensive child care services system that promotes the wholesome growth and educational development of children;

(2) facilitate the development of child care facilities;

(3) encourage and promote the provision by child care providers of parenting education, developmentally appropriate activities, and primary prevention services;

(4) facilitate cooperation between the private and public sectors to promote the expansion of child care services;

(5) promote continuing study of child care needs and the most effective methods by which these needs can be served through governmental and private programs;

(6) coordinate activities of the Division with other State agencies serving children and families;

(7) strive to make the State a model employer by encouraging it to offer a variety of child care benefit options to its employees;

(8) provide training for child care providers;

(9) support resource and referral services for parents and providers; and

(10) promote the involvement of businesses and communities in the development of child care services throughout the State by providing technical assistance to providers and potential providers of child care services.
33 V.S.A. § 5307 — VT Code / Title 33 / Chapter 53 / Section 5307
§ 5307. Temporary care hearing
Status: in_force

(a) A temporary care hearing shall be held within 72 hours of the issuance of an emergency care order or conditional custody order under section 5305 of this title. State holidays shall be excluded from the computation of 72 hours. If the custodial parent, guardian, or custodian has not been notified in accordance with section 5306 of this title and does not appear or waive appearance at the temporary care hearing and files thereafter with the court an affidavit so showing, the court shall hold another temporary care hearing within one business day of the filing of the affidavit as if no temporary care hearing had theretofore been held.

(b) If the State's Attorney is seeking a temporary care order, he or she shall file a petition in accordance with section 5308 of this title prior to the temporary care hearing. If the State's Attorney elects not to file a petition, he or she shall so notify the court, and the court shall vacate any temporary order and order the return of the child to the custodial parent, guardian, or custodian.

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

(1) The child, unless the child is under 10 years of age and the presence of the child is waived by the child's attorney. For good cause shown, the court may waive the presence of a child who is 10 years of age or older.

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

(3) The child's guardian ad litem.

(4) An attorney for the child.

(5) An attorney for the custodial parent, if requested.

(6) The Department.

(7) The State's Attorney.

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

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

(1) Any reasons for the child's removal that are not set forth in the affidavit required pursuant to subsection 5302(b) of this title.

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

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

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

(5)(A) The identity and location of a noncustodial parent, a relative, or person with a significant relationship with the child known to the Department who may be appropriate, capable, willing, and available to assume temporary legal custody of the child. If the noncustodial parent cannot be located, the Department shall provide to the court a summary of the efforts made to locate the parent.

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

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

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

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

(g) The temporary care hearing shall also be a preliminary hearing on the petition.

(h) The Department shall provide information to relatives and others with a significant relationship with the child about options to take custody or participate in the care and placement of the child, about the advantages and disadvantages of the options, and about the range of available services and supports.
33 V.S.A. § 907 — VT Code / Title 33 / Chapter 9 / Section 907
§ 907. Payment limits
Status: in_force

(a) The Director shall establish payment limits consistent with the provisions of section 901 of this title to encourage the economic and efficient operation of nursing homes and other providers.

(b) The payment limits shall not act as a disincentive for nursing homes to address the assessed needs or improve the conditions of residents.
33 V.S.A. § 1831 — VT Code / Title 33 / Chapter 18 / Section 1831
§ 1831. Public process
Status: in_force

The Agency of Human Services shall provide a process for soliciting public input on the Green Mountain Care benefit package on an ongoing basis, including a mechanism by which members of the public may request inclusion of particular benefits or services. The process may include receiving written comments on proposed new or amended rules or holding public hearings or both.
33 V.S.A. § 6941 — VT Code / Title 33 / Chapter 69 / Section 6941
§ 6941. Appeals
Status: in_force

An order of the court issued under section 6935 of this title shall be treated as a final order for the purposes of appeal. Appeal may be taken by either party to the Supreme Court under the Vermont Rules of Appellate Procedure and the appeal shall be determined forthwith.
33 V.S.A. § 901 — VT Code / Title 33 / Chapter 9 / Section 901
§ 901. Reimbursement objectives
Status: in_force

Reimbursement rates for nursing homes shall reflect the following objectives:

(1) maintain an equitable and fair balance between cost containment and quality care in nursing homes;

(2) encourage nursing homes to admit persons without regard to their source of payment;

(3) provide an incentive to nursing homes to admit and provide care to persons in need of comparatively greater care;

(4) be manageable administratively for both the State and nursing homes; and

(5) prevent unnecessary cost increases.
33 V.S.A. § 3611 — VT Code / Title 33 / Chapter 36 / Section 3611
§ 3611. Mediation; fact-finding; last best offer
Status: in_force

(a) If, after a reasonable period of negotiation, the exclusive representative and the State reach an impasse, the Board upon petition of either party may authorize the parties to submit their differences to mediation. Within five days after receipt of the petition, the Board shall appoint a mediator who shall communicate with the parties and attempt to mediate an amicable settlement. A mediator shall be of high standing and not affiliated with either labor or management.

(b) If, after a minimum of 15 days after the appointment of a mediator, the impasse is not resolved, the mediator shall certify to the Board that the impasse continues.

(c) Upon the request of either party, the Board shall appoint a fact finder who has been mutually agreed upon by the parties. If the parties fail to agree on a fact finder within five days, the Board shall appoint a fact finder who shall be a person of high standing and shall not be affiliated with either labor or management. A member of the Board or any individual who has actively participated in mediation proceedings for which fact-finding has been called shall not be eligible to serve as a fact finder under this section unless agreed upon by the parties.

(d) The fact finder shall conduct hearings pursuant to rules of the Board. Upon request of either party or of the fact finder, the Board may issue subpoenas of persons and documents for the hearings and the fact finder may require that testimony be given under oath and may administer oaths.

(e) Nothing in this section shall prohibit the fact finder from mediating the dispute at any time prior to issuing recommendations.

(f) In making a recommendation, the fact finder shall consider whether the proposal increases the amount and quality of care provided to children and families in a manner that is more affordable for Vermont families and citizens and whether the subsidies provided are consistent with federal guidance.

(g) Upon completion of the hearings, the fact finder shall file written findings and recommendations with both parties.

(h) The costs of witnesses and other expenses incurred by either party in fact-finding proceedings shall be paid directly by the parties incurring them, and the costs and expenses of the fact finder shall be paid equally by the parties. The fact finder shall be paid a rate mutually agreed upon by the parties for each day or any part of a day while performing fact-finding duties and shall be reimbursed for all reasonable and necessary expenses incurred in the performance of his or her duties. A statement of fact-finding per diem and expenses shall be certified by the fact finder and submitted to the Board for approval. The Board shall provide a copy of approved fact-finding costs to each party with its order apportioning one-half of the total to each party for payment. Each party shall pay its half of the total within 15 days after receipt of the order. Approval by the Board of the fact finder's costs and expenses and its order for payment shall be final as to the parties.

(i) If the dispute remains unresolved 15 days after transmittal of findings and recommendations, each party shall submit to the Board its last best offer on all disputed issues as a single package. Each party's last best offer shall be filed with the Board under seal and shall be unsealed and placed in the public record only when both parties' last best offers are filed with the Board. The Board may hold hearings and consider the recommendations of the fact finder. Within 30 days of the certifications, the Board shall select between the last best offers of the parties, considered in their entirety without amendment, and shall determine that selection's cost. The Board shall not issue an order under this subsection that is in conflict with any law or rule or that relates to an issue that is not a mandatory subject of collective bargaining. The Board shall determine the cost of the agreement selected and recommend to the General Assembly its choice with a request for appropriation. If the General Assembly appropriates sufficient funds, the agreement shall become effective and legally binding at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly, and the agreement with the negotiated changes shall become effective and binding at the beginning of the next fiscal year.
33 V.S.A. § 6939 — VT Code / Title 33 / Chapter 69 / Section 6939
§ 6939. Filing orders with law enforcement personnel; Department of Public Safety Protection Order Database
Status: in_force

(a) Police departments, sheriff's departments, and State Police district offices shall establish procedures for filing orders issued under this subchapter and for making personnel aware of the existence and contents of such orders.

(b) Any court in this State that issues an order under this subchapter shall transmit a copy of the order to the Department of Public Safety Protective Order Database.
33 V.S.A. § 6905 — VT Code / Title 33 / Chapter 69 / Section 6905
§ 6905. Mandatory reporting to and postmortem investigation of deaths by the Office of the Chief Medical Examiner
Status: in_force

When a person making a report of suspected abuse, neglect, or exploitation of a vulnerable adult has reasonable cause to believe that a vulnerable adult died as a result of abuse or neglect, the Department shall notify the Office of the Chief Medical Examiner immediately.
33 V.S.A. § 1901k — VT Code / Title 33 / Chapter 19 / Section 1901k
§ 1901k. Medicaid coverage for hearing aids and audiology services
Status: in_force

Vermont Medicaid shall provide coverage for medically necessary hearing aids and audiology services when delivered by a health care professional practicing within the scope of the professional's license, including audiologic examinations, hearing screenings, fitting of hearing aids, prescriptions for hearing aid batteries, and other services as defined by the Agency of Human Services by rule.
33 V.S.A. § 5264 — VT Code / Title 33 / Chapter 52 / Section 5264
§ 5264. Modification of conditions
Status: in_force

(a) During the period of probation, the court, on application of a juvenile probation officer, the State's Attorney, the juvenile, or on its own motion, may modify the requirements imposed upon the juvenile or add further requirements authorized by section 5262 of this title. A juvenile may request modification of a restitution issue determined by a restorative panel.

(b) Whenever the court proposes any modification of the conditions of probation, the juvenile probationer shall have a reasonable opportunity to contest the modification prior to its imposition.
33 V.S.A. § 7151 — VT Code / Title 33 / Chapter 71 / Section 7151
§ 7151. Advanced practice registered nurse; scope of practice
Status: in_force

Except to the extent prohibited under federal law for purposes of federal financial participation, a nursing home shall permit a licensed advanced practice registered nurse providing services at the nursing home to perform all services within the advanced practice registered nurse's scope of practice, including:

(1) when providing primary care services, serving as the primary care provider of record;

(2) performing acts of medical diagnosis, including ordering and interpreting diagnostic tests and procedures;

(3) prescribing medications;

(4) prescribing medical, therapeutic, and corrective measures;

(5) initiating written and verbal orders to other health care providers; and

(6) managing and evaluating care.
33 V.S.A. § 5910 — VT Code / Title 33 / Chapter 59 / Section 5910
§ 5910. Organization and operation of the Interstate Commission [Contingently enacted]
Status: in_force

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

(a) Bylaws.

(1) Within 12 months after the first Interstate Commission meeting, the Interstate Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact.

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

(b) Meetings.

(1) The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.

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

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

(B) disclose matters specifically exempted from disclosure by federal law; or

(C) disclose financial or commercial information that is privileged, proprietary, or confidential in nature; or

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

(E) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy or physically endanger one or more persons; or

(F) disclose investigative records compiled for law enforcement purposes; or

(G) specifically relate to the Interstate Commission's participation in a civil action or other legal proceeding.

(3) For a meeting, or portion of a meeting, closed pursuant to this provision, the Interstate Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemption provision. The Interstate Commission shall keep minutes that shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission or by court order.

(4) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or other electronic communication.

(c) Officers and staff.

(1) The Interstate Commission may, through its executive committee, appoint or retain a staff director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The staff director shall serve as secretary to the Interstate Commission but shall not have a vote. The staff director may hire and supervise such other staff as may be authorized by the Interstate Commission.

(2) The Interstate Commission shall elect from among its members a chairperson and a vice chairperson of the executive committee and other necessary officers, each of whom shall have such authority and duties as may be specified in the bylaws.

(d) Qualified immunity; defense and indemnification. The Interstate Commission's staff director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.

(1) The liability of the Interstate Commission's staff director and employees or Interstate Commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.

(2) The Interstate Commission shall defend the staff director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state, shall defend the commissioner of a member state in a civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

(3) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 8201 — VT Code / Title 33 / Chapter 82 / Section 8201
§ 8201. Safety policies for employees delivering direct social or mental health services
Status: in_force

(a)(1) The Secretary of Human Services, in consultation with each department of the Agency, shall establish and maintain a written workplace violence prevention and crisis response policy that meets or exceeds the requirements of this chapter in place for the benefit of employees delivering direct social or mental health services.

(2) The Secretary shall ensure that the Agency's contracts with providers whose employees deliver direct social or mental health services and that are administered or designated but not otherwise licensed by a department of the Agency include the requirement that providers establish and maintain a written workplace violence prevention and crisis response policy that meets or exceeds the requirements of this chapter in place for the benefit of employees delivering direct social or mental health services.

(b) A written workplace violence prevention and crisis response policy prepared with input from an employee delivering direct social or mental health services shall minimally include the following:

(1) measures the provider intends to take to respond to an incident of or credible threat of workplace violence against an employee delivering direct social or mental health services;

(2) a system for centrally recording all incidents of or credible threats of workplace violence against an employee delivering direct social or mental health services;

(3) a training program to educate employees delivering direct social or mental health services about workplace violence and ways to reduce the risks; and

(4) the development and maintenance of a violence prevention and crisis response committee that includes employees delivering direct social or mental health services to monitor ongoing compliance with the violence prevention and crisis response policy and to assist employees delivering direct social or mental health services.

(c) In preparing the written violence prevention and crisis response policy required by this section, the Secretary and providers identified in subdivision (a)(2) of this section shall consult the U.S. Occupational Safety and Health Administration's Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers, as amended.

(d) A written workplace violence prevention and crisis response policy shall be evaluated annually and updated as necessary by the violence and prevention response committee and provided to employees delivering direct social or mental health services.

(e) The requirements of this section shall neither be construed as a waiver of sovereign immunity by the State nor as creating any private right of action against the State for damages resulting from failure to comply with this section. This section shall not be construed to limit or eliminate any legal remedy available to an employee prior to the enactment of this section.
33 V.S.A. § 4921 — VT Code / Title 33 / Chapter 49 / Section 4921
§ 4921. Department's records of abuse and neglect
Status: in_force

(a) Record maintenance and disclosure generally. The Commissioner shall maintain all records of all investigations, assessments, reviews, and responses initiated under this subchapter. The Department may use and disclose information from such records in the usual course of its business, including to assess future risk to children, to provide appropriate services to the child or members of the child's family, or for other legal purposes.

(b) Duty to inform parents or guardians. The Commissioner shall promptly inform the parents, if known, or guardian of the child that a report has been accepted as a valid allegation pursuant to subsection 4915(b) of this title and the Department's response to the report. The Department shall inform the parent or guardian of the parent's or guardian's ability to request records pursuant to subsection (c) of this section. This section shall not apply if the parent or guardian is the subject of the investigation.

(c) Disclosure of redacted investigation files. Upon request, the redacted investigation file shall be disclosed to:

(1) the child's parents, foster parent, or guardian, absent good cause shown by the Department, provided that the child's parent, foster parent, or guardian is not the subject of the investigation;

(2) the person alleged to have abused or neglected the child, as provided for in subsection 4916a(d) of this title; and

(3) the attorney representing the child in a child custody proceeding in the Family Division of the Superior Court.

(d) Disclosure of records created by the Department. Upon request, Department records created under this subchapter shall be disclosed to:

(1) the court, parties to the juvenile proceeding, and the child's guardian ad litem if there is a pending juvenile proceeding or if the child is in the custody of the Commissioner;

(2) the Commissioner or person designated by the Commissioner to receive such records;

(3) persons assigned by the Commissioner to conduct investigations;

(4) law enforcement officers engaged in a joint investigation with the Department, an Assistant Attorney General, or a State's Attorney;

(5) other State agencies conducting related inquiries or proceedings; and

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

(e) Disclosure of relevant Department records or information.

(1) Upon request, relevant Department records or information created under this subchapter shall be disclosed to:

(A) a person, agency, or organization, including a multidisciplinary team empaneled under section 4917 of this title, authorized to diagnose, care for, treat, or supervise a child or family who is the subject of a report or record created under this subchapter, or who is responsible for the child's health or welfare;

(B) health and mental health care providers working directly with the child or family who is the subject of the report or record;

(C) educators working directly with the child or family who is the subject of the report or record;

(D) licensed or approved foster caregivers for the child;

(E) mandated reporters as defined by section 4913 of this subchapter, making a report in accordance with the provisions of section 4914 of this subchapter and engaging in an ongoing working relationship with the child or family who is the subject of the report;

(F) a Family Division of the Superior Court involved in any proceeding in which:

(i) custody of a child or parent-child contact is at issue pursuant to 15 V.S.A. chapter 11, subchapter 3A;

(ii) a parent of a child challenges a presumption of parentage under 15C V.S.A. § 402(b)(3); or

(iii) a parent of a child contests an allegation that he or she fostered or supported a bonded and dependent relationship between the child and a person seeking to be adjudicated a de facto parent under 15C V.S.A. § 501(a)(2);

(G) a Probate Division of the Superior Court involved in guardianship proceedings; and

(H) other governmental entities for purposes of child protection.

(2) Determinations of relevancy shall be made by the Department.

(3) In providing records or information under this subsection, the Department may withhold:

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

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

(4) In providing records or information under this section, the Department may also provide other records related to its child protection activities for the child.

(5) Any persons or agencies authorized to receive confidential information under this section may share such information with other persons or agencies authorized to receive confidential information under this section for the purposes of providing services and benefits to the children and families those persons or agencies mutually serve.

(f) Disclosure to prevent harm. Upon request, relevant Department information created under this subchapter may be disclosed to a parent with a reasonable concern that an individual who is residing at least part time with the parent requestor's child presents a risk of abuse or neglect to the requestor's child. As it is used in this subsection, “relevant Department information” shall mean information regarding the individual that the Department determines could avert the risk of harm presented by the individual to the requestor's child. If the Department denies the request for information, the requestor may petition the Family Division of the Superior Court, which may, after weighing the privacy concerns of the individuals involved with the parent's right to protect his or her child, order the release of the information.

(g) Disclosure to adults that were subject to foster care placement.

(1) It is the intent of the General Assembly that it be the policy of the State that:

(A) adults who were subject to placement in State foster care, institutions, and other systemic placements have a statutory right to access their own records in order to more fully understand their own personal stories, including their health, education, family, and other histories; access healing in their chosen way; and be recognized and trusted as legitimate custodians of their own information;

(B) the Department make good faith efforts to disclose such records in the broadest form permitted under applicable federal or State law in order to assist with the administration of Vermont's state plan for foster care and establishing eligibility for programs or services; and

(C) any disclosures made by the Department that are prohibited by applicable federal or State law be construed as good faith efforts of the Department to comply with the State's policy and statutory scheme.

(2) Upon request, Department records created under this subchapter shall be disclosed, at no cost, to an individual who meets the following criteria, to the extent permitted by federal or State law:

(A) the individual is the subject of the records requested;

(B) the individual is 18 years of age or older; and

(C) as a minor, the individual was in foster care or subject to any juvenile judicial proceeding under this title.

(3) In providing records or information pursuant to this subsection, the Department may withhold or redact the following:

(A) identifying information about any person, other than the subject, in which there is a substantial likelihood that a person's safety would be compromised if disclosed;

(B) information that creates a substantial likelihood that would compromise an active law enforcement investigation; or

(C) reports or investigatory records about the subject of the record request in which there is a formal allegation that the subject committed an act of abuse or neglect.

(h) Penalty. Any records or information disclosed under this section 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 to those persons or agencies authorized to receive information pursuant to this section. A person who intentionally violates the confidentiality provisions of this section shall be fined not more than $2,000.00.
33 V.S.A. § 1901a — VT Code / Title 33 / Chapter 19 / Section 1901a
§ 1901a. Medicaid budget
Status: in_force

(a) The General Assembly shall approve each year a Medicaid budget. The annual Medicaid budget shall include an annual financial plan, and a five-year financial plan accounting for expenditures and revenues relating to Medicaid and any other health care assistance program administered by the Agency of Human Services.

(b) The Secretary of Human Services or his or her designee and the Commissioner of Finance and Management shall provide quarterly to the Joint Fiscal Committee such information and analysis as the Committee reasonably determines is necessary to assist the General Assembly in the preparation of the Medicaid budget.
33 V.S.A. § 5251 — VT Code / Title 33 / Chapter 52 / Section 5251
§ 5251. Taking into custody
Status: in_force

A child may be taken into custody by an officer:

(1) pursuant to the laws of arrest of this State;

(2) pursuant to an order of the court under the provisions of this chapter and chapters 51 and 53 of this title; or

(3) when the officer has reasonable grounds to believe that the child has committed a delinquent act, and that the child's immediate welfare or the protection of the community, or both, require the child's removal from the child's current home.
33 V.S.A. § 2301 — VT Code / Title 33 / Chapter 23 / Section 2301
§ 2301. Burial responsibility
Status: in_force

(a)(1) When a person dies in this State, or a resident of this State dies within the State or elsewhere, and the decedent was a recipient of assistance under Title IV or XVI of the Social Security Act, nursing home care under Title XIX of the Social Security Act, or assistance under State aid to the aged, blind, or disabled, or an honorably discharged veteran of any branch of the U.S. Armed Forces to the extent funds are available and to the extent authorized by Department rules, the decedent's burial shall be arranged and paid for by the Department if the decedent was without sufficient known assets to pay for burial. The Department shall pay burial expenses for individuals who meet the requirements of this section in an amount not to exceed a maximum established by rule and shall establish by rule a process for reducing the maximum payment amount by the amount of other assets available from the decedent's estate or from the decedent's spouse to pay for the burial. The maximum payment by the Department does not preclude other individuals from paying for or receiving contributions to pay for additional disposition expenses.

(2) The Department shall notify the directors of all funeral homes within the State and within close proximity to the State's borders of its rules with respect to those services for which it pays and the amount of payment authorized for those services. All payments shall be made directly to the appropriate funeral director. In order to receive payment under this section, the funeral director shall provide the Department and the party making the funeral arrangements with an itemized invoice for the specific services that are to be provided at public expense.

(3) As a condition of payment when arrangements are made other than by the Department, the funeral director shall determine from the person making the arrangements if the decedent was a recipient of assistance or an eligible veteran as specified in subdivision (1) of this subsection and, if the decedent was such a recipient, give notice to the person making the arrangements of the Department's rules.

(4) If the funeral home director does not advise the person making the arrangements of the Department's rules, then that person shall not be liable for expenses incurred.

(b) When a person dies while an inmate of a State institution and the inmate is without sufficient known assets to pay for burial, the burial shall be arranged and paid for by the State institution.

(c) In all other cases, the Department shall arrange for and pay up to the maximum amount established by rule for the burial of eligible persons who die in this State or residents of this State who die within the State or elsewhere when the persons are without sufficient known assets to pay for their burial.

(d) As used in this chapter:

(1) “Burial” means the final disposition of human remains, including interring or cremating a decedent and the ceremonies directly related to that cremation or interment at the gravesite.

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

(3) “Funeral” means the ceremonies prior to burial by interment, cremation, or other method.
33 V.S.A. § 1601 — VT Code / Title 33 / Chapter 16 / Section 1601
§ 1601. Definitions
Status: in_force

As used in this chapter:

(1) “Communication or language mode” means verbal or nonverbal communication that includes listening, speaking, American Sign Language (ASL), Signed English, Signed Support, reading, and writing in all domains of a language. Reference to the communication mode of individuals who are Deaf, Hard of Hearing, or DeafBlind distinguishes between modality and language. Systems that assist individuals using a particular modality or language include ASL, spoken English, Signed English, sign-supported speech, speech or lip reading, cued speech, and assistive technology.

(2) “Deaf” means having a severe or complete absence of auditory sensitivity that impairs processing of linguistic information through hearing, with or without amplification or cochlear implants. Participation in Deaf Community culture and use of ASL are characteristic of persons who identify as Deaf.

(3) “DeafBlind” means having concomitant hearing and visual impairments.

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

(5) “Hard of Hearing” means a reduced level of functional hearing and reliance on residual hearing and technology, including hearing aids, cochlear implants, FM listening systems, and other types of assistive listening devices to communicate via verbal language, with or without use of ASL.
33 V.S.A. § 4108 — VT Code / Title 33 / Chapter 41 / Section 4108
§ 4108. Grievance procedure
Status: in_force

(a) The Office of Child Support shall adopt rules in accordance with the procedures set forth in 3 V.S.A. chapter 25, the Administrative Procedure Act, to establish and implement a grievance procedure to contest decisions of the Office of Child Support.

(b) The Office of Child Support shall make widely available to the public information about its grievance procedure, including grievance forms, pamphlets explaining the procedure, and explanations of grievance rights.

(c) Upon issuing a wage withholding order, the Office of Child Support shall notify the obligor pursuant to 15 V.S.A. § 788 of the amount of the past due child support, the consequences of failing to meet a court-ordered child support obligation, and the procedure for contesting the Office's action under this section.

(d) All final decisions of the Office of Child Support are appealable de novo to the magistrate in the Family Division of the Superior Court.

(e) If the obligor contests the withholding within 21 days of the notice and is found not to be in arrears by more than one-twelfth of the annual support obligation on the date the notice is issued, the Office, within two business days, shall notify the employer to cease withholding. In addition, the Office shall pay to the obligor three times the amount erroneously withheld.
33 V.S.A. § 6917 — VT Code / Title 33 / Chapter 69 / Section 6917
§ 6917. Written communications
Status: in_force

Any written communications from the Department, an administrative reviewer, or the Human Services Board to the alleged victim or to the alleged perpetrator shall use plain language.
33 V.S.A. § 5261 — VT Code / Title 33 / Chapter 52 / Section 5261
§ 5261. Powers and responsibilities of the Commissioner regarding juvenile probation
Status: in_force

The Commissioner shall be charged with the following powers and responsibilities regarding the administration of juvenile probation:

(1) to maintain supervision of juveniles placed on probation;

(2) to supervise the administration of juvenile probation services, including the authority to enter into contracts with community-based agencies to provide probation services, which may include restitution and community service programs, and to establish policies and standards and adopt rules regarding juvenile probation investigation, supervision, casework and caseloads, record-keeping, and the qualification of juvenile probation officers; and

(3) to prescribe rules, consistent with any orders of the court, governing the conduct of juveniles on probation.
33 V.S.A. § 5103 — VT Code / Title 33 / Chapter 51 / Section 5103
§ 5103. Jurisdiction
Status: in_force

(a) The Family Division of the Superior Court shall have exclusive jurisdiction over all proceedings concerning a child who is or who is alleged to be a delinquent child or a child in need of care or supervision brought under the authority of the juvenile judicial proceedings chapters, except as otherwise provided in such chapters.

(b) Orders issued under the authority of the juvenile judicial proceedings chapters shall take precedence over orders in other Family Division proceedings and any order of another court of this State, to the extent they are inconsistent. This section shall not apply to child support orders in a divorce, parentage, or relief from abuse proceeding until a child support order has been issued in the juvenile proceeding.

(c)(1) Except as otherwise provided by this title and by subdivision (2) of this subsection, jurisdiction over a child shall not be extended beyond the child's 18th birthday.

[Subdivision (c)(2) effective until July 1, 2027; see also subdivision (c)(2) effective July 1, 2027, set out below.]

(2)(A) Jurisdiction over a child with a delinquency may be extended until six months beyond the child's:

(i) 20th birthday if the child was 16 or 17 years of age when the child committed the offense; or

(ii) 21st birthday if the child was 18 years of age when the child committed the offense.

(B) Except for custody of individuals 18 years of age or older that may be ordered by the court under the authority of chapter 52 of this title, custody of a child or youth 18 years of age or older shall not be retained by or transferred to the Commissioner for Children and Families.

(C) Jurisdiction over a child in need of care or supervision shall not be extended beyond the child's 18th birthday.

(D) Jurisdiction over a youthful offender shall not extend beyond the youth's 22nd birthday.

[Subdivision (c)(2) effective July 1, 2027; see also subdivision (c)(2) effective until July 1, 2027, set out above.]

(2)(A) Jurisdiction over a child with a delinquency may be extended:

(i) until six months beyond the child's:

(I) 20th birthday if the child was 16 or 17 years of age when the child committed the offense; or

(II) 21st birthday if the child was 18 years of age when the child committed the offense; or

(ii) until the child's 22nd birthday if the child was 19 years of age when the child committed the offense.

(B) Except for custody of individuals 18 years of age or older that may be ordered by the court under the authority of chapter 52 of this title, custody of a child or youth 18 years of age or older shall not be retained by or transferred to the Commissioner for Children and Families.

(C) Jurisdiction over a child in need of care or supervision shall not be extended beyond the child's 18th birthday.

(D) Jurisdiction over a youthful offender shall not extend beyond the youth's 22nd birthday.

(d) The court may terminate its jurisdiction over a child prior to the child's 18th birthday by order of the court. If the child is not subject to another juvenile proceeding, jurisdiction shall terminate automatically in the following circumstances:

(1) upon the discharge of a child from juvenile or youthful offender probation, provided the child is not in the legal custody of the Commissioner;

(2) upon an order of the court transferring legal custody to a parent, guardian, or custodian without conditions or protective supervision; or

(3) upon the adoption of a child following a termination of parental rights proceeding.
33 V.S.A. § 1807 — VT Code / Title 33 / Chapter 18 / Section 1807
§ 1807. Navigators
Status: repealed

(a)(1) The Vermont Health Benefit Exchange shall establish a navigator program to assist individuals and employers in enrolling in a qualified health benefit plan offered under the Vermont Health Benefit Exchange. The Vermont Health Benefit Exchange shall select individuals and entities qualified to serve as navigators and shall award grants to navigators for the performance of their duties.

(2) The Vermont Health Benefit Exchange shall ensure that navigators are available to provide assistance in person or through interactive technology to individuals in all regions of the State in a manner that complies with the Americans with Disabilities Act.

(3) Consistent with Section 1311(i)(4) of the Affordable Care Act, health insurers shall not serve as navigators, and no navigator shall receive any compensation from a health insurer in connection with enrolling individuals or employees in qualified health benefit plans.

(b) Navigators shall have the following duties:

(1) conduct public education activities to raise awareness of the availability of qualified health benefit plans;

(2) distribute fair and impartial information concerning enrollment in qualified health benefit plans and concerning the availability of premium tax credits and cost-sharing reductions;

(3) facilitate enrollment in qualified health benefit plans, Medicaid, Dr. Dynasaur, VPharm, and other public health benefit programs;

(4) provide referrals to the Office of the Health Care Advocate and any other appropriate agency for any enrollee with a grievance, complaint, or question regarding his or her health benefit plan, coverage, or a determination under that plan or coverage;

(5) provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Vermont Health Benefit Exchange; and

(6) distribute information to health care professionals, community organizations, and others to facilitate the enrollment of individuals who are eligible for Medicaid, Dr. Dynasaur, VPharm, other public health benefit programs, or the Vermont Health Benefit Exchange in order to ensure that all eligible individuals are enrolled.

(7) [Repealed.]
33 V.S.A. § 6221 — VT Code / Title 33 / Chapter 62 / Section 6221
§ 6221. Public education resources
Status: in_force

(a) The Departments of Health and of Disabilities, Aging, and Independent Living shall jointly develop and maintain easily accessible electronic, print, and in-person public education materials and programs on Alzheimer's disease and related disorders that shall serve as a resource for patients, families, caregivers, and health care providers. The Departments shall include information about the State Plan on Aging as well as resources and programs for prevention, care, and support for individuals, families, and communities.

(b)(1) To the extent funds exist, the Departments of Health, of Mental Health, and of Disabilities, Aging, and Independent Living, in consultation with the Commission on Alzheimer's Disease and Related Disorders and other relevant workgroups and community organizations, shall, as part of existing and relevant public health outreach programs:

(A) educate health care providers regarding:

(i) the value of early detection and timely diagnosis of Alzheimer's disease and other types of dementia;

(ii) validated assessment tools for the detection and diagnosis of Alzheimer's disease, younger-onset Alzheimer's disease, and other types of dementia;

(iii) the benefits of a Medicare annual wellness visit or other annual physical for an adult 65 years of age or older to screen for Alzheimer's disease and other types of dementia;

(iv) the significance of recognizing the family care partner as part of the health care team;

(v) the Medicare care planning billing codes for individuals with Alzheimer's disease and other types of dementia; and

(vi) the necessity of ensuring that patients have access to language access services, when appropriate; and

(B) increase public understanding and awareness of:

(i) the early warning signs of Alzheimer's disease and other types of dementia; and

(ii) the benefits of early detection and timely diagnosis of Alzheimer's disease and other types of dementia.

(2) In their public health outreach programs and any programming and information developed for providers pertaining to Alzheimer's disease and other types of dementia, the Departments shall provide uniform, consistent guidance in nonclinical terms with an emphasis on cultural competency as defined in 18 V.S.A. § 251 and health literacy, specifically targeting populations at higher risk for developing dementia.
33 V.S.A. § 5257 — VT Code / Title 33 / Chapter 52 / Section 5257
§ 5257. Filing of initial case plan
Status: in_force

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

(b) The initial case plan shall not be used or referred to as evidence prior to a finding that the child has committed a delinquent act.
33 V.S.A. § 5270 — VT Code / Title 33 / Chapter 52 / Section 5270
§ 5270. Final judgment
Status: in_force

An order placing a juvenile on probation and a finding that a juvenile violated a condition of probation shall constitute a final judgment.
33 V.S.A. § 123 — VT Code / Title 33 / Chapter 1 / Section 123
§ 123. Guardian or legal representative
Status: in_force

(a) If the Commissioner finds that an applicant for or recipient of assistance is incapable of taking care of himself or herself or his or her business affairs, the Commissioner may direct the payment of the assistance to a guardian appointed by the Probate Division of the Superior Court.

(b) If the Commissioner finds that an applicant for or recipient of assistance is incapable of prudently attending to his or her business affairs, the Commissioner may direct the payment of the assistance to the legal representative of the person appointed by the Probate Division of the Superior Court.
33 V.S.A. § 1906 — VT Code / Title 33 / Chapter 19 / Section 1906
§ 1906. Recoupment of amounts spent on child medical care
Status: in_force

(a) The State Medicaid agency, any State agency administering health benefits or a health benefit plan for which Medicaid is a source of funding, or the Office of Child Support may recoup the amounts paid by the State for child medical expenses from any person who is required by court or administrative order to provide coverage of the cost of health services to a child eligible for medical assistance under Medicaid; and who either:

(1) Has received payment from a third party for the costs of such services, but has not used the payments to reimburse either the other parent or guardian of the child or the provider of the services. Claims for current and past due child support shall take priority over these claims.

(2) Has failed to give any notice required by 15 V.S.A. § 663(d).

(b) In addition to any other remedies available at law, all remedies available for the collection and enforcement of child support under 15 V.S.A. chapter 11 shall apply to medical support recoupment under this section.
33 V.S.A. § 4602 — VT Code / Title 33 / Chapter 46 / Section 4602
§ 4602. Building Bright Futures Council
Status: in_force

(a) The Building Bright Futures Program shall be governed by a statewide council comprising no more than 23 members. The Building Bright Futures Council's membership shall be as follows:

(1) The Secretary of Human Services or designee.

(2) The Secretary of Commerce and Community Development or designee.

(3) The Secretary of Education or designee.

(4) The Commissioner for Children and Families or designee.

(5) The Commissioner of Health or designee.

(6) The Commissioner of Mental Health or designee.

(7) One member of the House of Representatives, appointed by the Speaker of the House.

(8) One member of the Senate, appointed by the Senate Committee on Committees.

(9) The Head Start Collaboration Office Director.

(10) Fourteen at-large members, appointed by the Governor based on their commitment to early childhood well-being and representing a range of perspectives and geographic diversity. The Governor shall consider the recommendations of the Council's nominating committee. One of the at-large members shall be a representative of a local Head Start program and one shall be a member of a school board, to be recommended by the Vermont School Boards Association.

(b)(1) An individual designated to participate on the Council on behalf of a Secretary or Commissioner listed in subsection (a) of this section shall count toward a quorum of the Council and shall be permitted to vote on Council business.

(2) In the event of a vacancy in one of the at-large member positions on the Council, the remaining members shall endeavor to fill the vacancy with an individual representing a perspective or geographic area not currently represented on the Council.

(c) Technical assistance to the Council shall be provided by staff within the Agency of Education and the Departments of Health and for Children and Families.

(d) For Council meetings held when the General Assembly is not in session, the legislative members of the Council shall be entitled to per diem compensation and reimbursement of expenses in accordance with 2 V.S.A. § 23. Members of the Council who are not State employees or whose participation is not supported through their employment or association may be entitled to compensation and reimbursement for expenses for attending meetings of the Council under 32 V.S.A. § 1010 to the extent funds are available.

(e) The Council shall function as a public-private partnership with the ability to raise and disburse funds.

(f) The Council shall support the establishment of, and maintenance of relationships with, regional councils providing regional capacity to further the Council's goals.
33 V.S.A. § 3202 — VT Code / Title 33 / Chapter 32 / Section 3202
§ 3202. Office of the Child, Youth, and Family Advocate
Status: in_force

There is established the Office of the Child, Youth, and Family Advocate for the purpose of advancing the interests and welfare of Vermont's children and youths. The Office shall advocate for the welfare of children and youths receiving services from the Department directly, or through funds provided by the Department, and those involved in the child protection and juvenile justice systems. The Office shall promote reforms necessary to better serve Vermont's children, youths, and families in a manner that addresses racial and social equity. The Office shall act independently of any State agency in the performance of its duties.
33 V.S.A. § 1105 — VT Code / Title 33 / Chapter 11 / Section 1105
§ 1105. Child support payments
Status: in_force

(a) A financial assistance case shall not be closed until child support payments, minus the first $100.00 per month in such payments received on behalf of the family, in combination with other countable income, have exceeded the financial assistance payment standard in 12 consecutive calendar months.

(b) Notwithstanding any other provision of law, if financial assistance to a participating family is terminated due to receipt of child support, minus the first $100.00 per month in such payments, that in combination with other countable income is in excess of the financial assistance cash payment standard, and the family again becomes eligible for financial assistance within the following 12 calendar months solely because the family no longer receives excess child support, financial assistance shall be paid as of the date of the family's reapplication.
33 V.S.A. § 4905 — VT Code / Title 33 / Chapter 49 / Section 4905
§ 4905. Foster care and placement licensing
Status: in_force

(a) A person other than an employee of a department within the Agency of Human Services shall not place any child in foster care for more than 15 consecutive days unless the person has a license from the Department to do so or is an employee of a child-placing agency licensed by that Department.

(b) A person shall not receive, board, or keep any child in foster care for more than 15 consecutive days unless he or she has a license from the Department to do so. This subsection shall not apply to foster homes approved by a department within the Agency of Human Services or by a licensed child-placing agency, nor shall it apply to those facilities where educational or vocational training is the primary service and foster care is a supportive service only.

(c) This section shall not restrict the right of a court, parent, guardian, or relative to place a child, nor the right of a person not in the business of providing foster care or child care to receive, board, and keep a child when a valuable consideration is not demanded or received for the child's care and maintenance.
33 V.S.A. § 103 — VT Code / Title 33 / Chapter 1 / Section 103
§ 103. Composition of Department
Status: in_force

The Department for Children and Families, created pursuant to 3 V.S.A. §§ 212 and 3084, shall consist of the Commissioner for Children and Families and all divisions, councils, boards, committees, and offices within the Department.
33 V.S.A. § 3543 — VT Code / Title 33 / Chapter 35 / Section 3543
§ 3543. Student loan repayment assistance
Status: in_force

(a)(1) There is established a need-based student loan repayment assistance program for the purpose of providing student loan repayment assistance to any individual employed by a regulated, privately operated center-based child care program or family child care home.

(2) An eligible individual shall:

(A)(i) work in a privately operated center-based child care program or in a family child care home that is regulated by the Division for at least an average of 30 hours per week for 48 weeks of the year; or

(ii) if the individual is an employee of a Vermont Head Start program that operates fewer than 48 weeks per year, work a minimum of nine months of the year, inclusive of any employer-approved time off; or

(B) receive an annual salary of not more than $60,000.00 through the individual's work in regulated child care; and

(C)(i) have earned an associate's, bachelor's, or master's degree with a major or concentration in early childhood, child and human development, elementary education, special education with a birth to age eight focus, or child and family services; or

(ii) have earned an associate's, bachelor's, or master's degree that contributes to an Early Childhood Career Ladder Certificate Level IIIB or higher through Northern Lights at the Community College of Vermont.

(3) To participate in the program set forth in this section, an eligible individual shall submit to the Department for Children and Families documentation expressing the individual's intent to work in a regulated, privately operated center-based child care program or family child care home for at least the 12 months following the annual loan repayment award notification. A participant may receive up to $4,000.00 annually in student loan repayment assistance, which shall be distributed by the Department in four allotments. The Department shall distribute at least one-quarter of the individual's total annual benefit after the individual has completed three months of employment in accordance with the program. The remainder of an individual's total annual benefit shall be distributed by the Department every three months after the initial payment.

(b)(1) The Department shall adopt policies, procedures, and guidelines necessary to implement the provisions of this section.

(2) Student loan repayments shall be available pursuant to this section on a first-come, first-served basis until appropriated funds are depleted.

(3) The Department may contract for the administration of the program. Administration costs shall not be more than 10 percent of the total appropriation received to implement this section.

(c) An individual shall not simultaneously participate in the student loan repayment assistance program set forth in this section and either of the scholarship programs set forth in section 3541 or 3542 of this title.
33 V.S.A. § 1106 — VT Code / Title 33 / Chapter 11 / Section 1106
§ 1106. Required services to participating families
Status: in_force

(a) The Commissioner shall provide participating families case management services, periodic reassessment of service needs and the family development plan, and referral to any agencies or programs that provide the services needed by participating families to improve the family's prospects for job placement and job retention, including the following:

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

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

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

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

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

(4) Vocational rehabilitation.

(5) Medical assistance.

(6) Homelessness prevention and housing assistance. For homeless families, housing search is a “job-readiness assistance activity” as long as consistent with the Department's rules.

(7) Family planning education and counseling.

(8) Assistance with obtaining documentation of an apparent or claimed physical, emotional, or mental condition that reasonably can be presumed to limit or eliminate the individual's capacity to engage in employment or other work activity.

(9) Services for teen parents through the teen parent education program established in cooperation with the Agency of Education.

(10) Any other services identified in the family development plan and determined by the Commissioner to be necessary and appropriate to achieve the purposes of this chapter.

(b) The Commissioner shall provide specialized case management services to families no later than four months after a family's financial assistance grant has been reduced as a result of a sanction under section 1116 of this title. The specialized case management shall be provided through a performance-based contract in order to intervene in the family's situation with the goal of compliance with an appropriate family development plan or work requirements as required under sections 1112 and 1113 of this title. The contract may be performed by another department within the Agency or by a community-based organization. If, after two months, a family fails to participate in specialized case management, case management shall resume through Reach Up.
33 V.S.A. § 2000 — VT Code / Title 33 / Chapter 19 / Section 2000
§ 2000. Pharmacy benefit management
Status: in_force

The Commissioner may implement all or a portion of the Pharmacy Best Practices and Cost Control Program through a contract with a third party with expertise in the management of pharmacy benefits.
33 V.S.A. § 7212 — VT Code / Title 33 / Chapter 71 / Section 7212
§ 7212. Writ of possession
Status: in_force

After notice and a hearing, the court may issue a writ of possession as provided for in 12 V.S.A. § 4854 on behalf of the receiver for specific real or personal property related or pertaining to the facility.
33 V.S.A. § 2608 — VT Code / Title 33 / Chapter 26 / Section 2608
§ 2608. Weatherization program agreements
Status: in_force

The Director of the Home Energy Assistance Program shall inform the Administrator of the Home Weatherization Assistance Program, established under chapter 25 of this title, of all participants in the Home Heating Fuel Assistance Program. The Agency of Human Services shall provide all participants in the Home Heating Fuel Assistance Program with information regarding the efficiency utility established under 30 V.S.A. § 209. All participants in the Home Heating Fuel Assistance Program shall be deemed to comply with any income requirements of the Home Weatherization Program, but to receive weatherization services, recipients shall be required to meet any other eligibility requirements of the Home Weatherization Program. As a condition of receipt of benefits under the Home Heating Fuel Assistance Program, a recipient shall consent to receive services of the Home Weatherization Assistance Program. The Home Weatherization Assistance Program shall give the highest priority to providing services to participants within the Home Heating Fuel Assistance Program and, among those participants, to those who require the highest energy usage.
33 V.S.A. § 2077 — VT Code / Title 33 / Chapter 19 / Section 2077
§ 2077. Administration
Status: in_force

(a) The programs established under this subchapter shall be designed to provide maximum access to program participants, to incorporate mechanisms that are easily understood and require minimum effort for applicants and health care providers, and to promote quality, efficiency, and effectiveness through cost controls and utilization review. Applications may be filed at any time and shall be reviewed annually. DVHA may contract with a fiscal agent for the purpose of processing claims and performing related functions required in the administration of the pharmaceutical programs established under this subchapter.

(b) Upon determining that an applicant is eligible under this subchapter, DVHA shall issue an identification card to the applicant.

(c) A pharmacy that dispenses a pharmaceutical to an individual eligible for a pharmaceutical program established under this subchapter shall collect payment for the pharmaceutical from DVHA.
33 V.S.A. § 1919 — VT Code / Title 33 / Chapter 19 / Section 1919
§ 1919. Prohibition against the stamping and sale of cigarettes not included in the directory
Status: in_force

No person shall affix a tax stamp to or sell or offer for sale in this State any package or container of cigarettes manufactured by a tobacco product manufacturer or belonging to a brand family that is not included in the directory, or sell, offer, or possess for sale, in this State, cigarettes of a tobacco product manufacturer or brand family not included in the directory.
33 V.S.A. § 5903 — VT Code / Title 33 / Chapter 59 / Section 5903
§ 5903. Conditions for placement-Article III [Contingently repealed; effective until contingency met]
Status: in_force

(a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.

(b) Prior to sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:

(1) the name, date, and place of birth of the child;

(2) the identity and address or addresses of the parents or legal guardian;

(3) the name and address of the person, agent or institution to or with which the sending agency proposes to send, bring, or place the child;

(4) a full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to subsection (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interest of the child.

(a) Except as otherwise provided in subsection (b) of this section, this Compact shall apply to:

(1) the interstate placement of a child subject to ongoing court jurisdiction in the sending state, due to allegations or findings that the child has been abused, neglected, or deprived as defined by the laws of the sending state; provided, however, that the placement of such a child into a residential facility shall only require notice of residential placement to the receiving state prior to placement;

(2) the interstate placement of a child adjudicated delinquent or unmanageable based on the laws of the sending state and subject to ongoing court jurisdiction of the sending state if:

(A) the child is being placed in a residential facility in another member state and is not covered under another compact; or

(B) the child is being placed in another member state and the determination of safety and suitability of the placement and services required is not provided through another compact; and

(3) the interstate placement of any child by a public child placing agency or private child placing agency as defined in this Compact as a preliminary step to a possible adoption.

(b) The provisions of this Compact shall not apply to:

(1) the interstate placement of a child in a custody proceeding in which a public child placing agency is not a party; provided, however, that the placement is not intended to effectuate an adoption;

(2) the interstate placement of a child with a non-relative in a receiving state by a parent with the legal authority to make such a placement; provided, however, that the placement is not intended to effectuate an adoption;

(3) the interstate placement of a child by one relative with the lawful authority to make such a placement directly with a relative in a receiving state;

(4) the placement of a child, not subject to section 5903 of this title, into a residential facility by the child's parent;

(5) the placement of a child with a noncustodial parent, provided that:

(A) the noncustodial parent proves to the satisfaction of a court in the sending state a substantial relationship with the child; and

(B) the court in the sending state makes a written finding that placement with the noncustodial parent is in the best interests of the child; and

(C) the court in the sending state dismisses its jurisdiction in interstate placements in which the public child placing agency is a party to the proceeding;

(6) a child entering the United States from a foreign country for the purpose of adoption or leaving the United States to go to a foreign country for the purpose of adoption in that country;

(7) cases in which a U.S. citizen child living overseas with family, at least one of whom is in the U.S. Armed Forces and is stationed overseas, is removed and placed in a state; or

(8) the sending of a child by a public child placing agency or a private child placing agency for a visit as defined by the rules of the Interstate Commission.

(c) For purposes of determining the applicability of this Compact to the placement of a child with a family in the U.S. Armed Forces, the public child placing agency or private child placing agency may choose the state of the service member's permanent duty station or the service member's declared legal residence.

(d) Nothing in this Compact shall be construed to prohibit the concurrent application of the provisions of this Compact with other applicable interstate compacts, including the Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance. The Interstate Commission may in cooperation with other interstate compact commissions having responsibility for the interstate movement, placement, or transfer of children, promulgate like rules to ensure the coordination of services, timely placement of children, and the reduction of unnecessary or duplicative administrative or procedural requirements. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 504 — VT Code / Title 33 / Chapter 5 / Section 504
§ 504. Duties of Department
Status: in_force

(a) The Department shall administer all laws and programs specifically assigned to it for administration, including:

(1) Federally funded services for older persons in accordance with the Older Americans Act.

(2) Federally funded vocational rehabilitation and independent living services for persons with disabilities in accordance with the Rehabilitation Act. The Division of Vocational Rehabilitation may contract with clients at up to $51.00 per year per employee, or may charge up to $70.00 per hour, for services rendered by the Employee Assistance Program. The Division shall charge $160.00 for each injured worker screening defined in the Department of Labor rules. For activities outside the scope of services funded by the Federal Assistive Technology Act, the Division may charge up to $100.00 per hour for assistive technology services rendered, including assistive technology consultations, assistive technology evaluations, individual assistive technology training, and assistive technology topic training. The Division may charge fees at the rate of up to $100.00 per month for specialized assistive technology equipment leasing. The Division may charge these fees to service providers, State agencies, schools, and individuals. The Division shall continue to provide the following services at no charge: information and assistance, State financing activities, equipment demonstration, short-term device loans, public outreach, technical assistance, and equipment reutilization. Fees shall be retained by the Division.

(3) Federally required survey and certification of health care facilities participating in Medicare or Medicaid, as provided by Titles XVIII and XIX of the Social Security Act.

(4) Special services, including vocational rehabilitation, for Vermonters who are blind or have a visual impairment and for Vermonters who are deaf or hard of hearing.

(5) The duties, responsibilities, and authority of the Division of Licensing and Protection pertaining to level IV facilities presently granted under the authority of chapter 71 of this title and any other provision of law.

(6) All of the duties, responsibilities, and authority of the Division of Licensing and Protection to level I and level II nursing homes and level III residential care homes, hospitals, and home health services granted under the authority of chapter 71 of this title and any other provision of law.

(7) The duties, responsibilities, and authority of the former Developmental Services Division of the former Department of Developmental and Mental Health Services, and the personal care and hi-tech programs in the former Department of Prevention, Assistance, Transition, and Health Access.

(b) The Department shall ensure coordination of government and private services directed at providing assistance to and analyzing issues affecting older persons and persons with disabilities.

(c) In addition to the powers vested in it by law, the Department may:

(1) cooperate with, and contract with, with the approval of the Governor, the federal government and appropriate federal agencies that fund programs that the Department administers;

(2) notwithstanding the provisions of 3 V.S.A. chapter 13, enter into an agreement with the University of Vermont and State Agricultural College to continue the Rural and Farm Family Rehabilitation Program; and

(3) take and hold in trust for the State any grant or devise of land or donation or bequest of money, or other personal property, to be applied to the maintenance of persons with developmental disabilities.
33 V.S.A. § 910 — VT Code / Title 33 / Chapter 9 / Section 910
§ 910. Availability of payment for nursing home services
Status: in_force

The Secretary may, with 90 days' notice to the nursing home, reduce the number of days of nursing home service or the number of nursing home beds for which payments are available under the State/federal medical assistance program in order to meet State budgetary goals, provided that the standards of care required by section 7117 of this title and by rule are maintained.
33 V.S.A. § 7507 — VT Code / Title 33 / Chapter 75 / Section 7507
§ 7507. Immunity
Status: in_force

No civil liability shall attach to the Ombudsman or any representative of the Office for good faith performance of the functions, responsibilities, or duties imposed by this chapter.
33 V.S.A. § 1304 — VT Code / Title 33 / Chapter 13 / Section 1304
§ 1304. State aid to the blind
Status: in_force

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

(1) is blind 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 blind for purposes of this chapter if the individual was blind 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 blind.
33 V.S.A. § 1202 — VT Code / Title 33 / Chapter 12 / Section 1202
§ 1202. Purpose
Status: in_force

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

(1) to assist families who have become recently employed to maintain employment by providing work supports and incentives to maximize the opportunity of the family to remain employed and not return to Reach Up;

(2) to provide families with information and referrals to workforce development options in order to ensure financial stability for the family;

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

(4) to improve the well-being of children by providing time-limited work supports and food assistance to their families;

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

(6) to conform to the federal TANF law.

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

(1) if necessary, individualized case management that addresses each individual's situation and barriers to self-sufficiency and assists that family in maintaining employment;

(2) food assistance and support services of a limited duration to provide work support for the family;

(3) easy transition to other programs, such as Reach Up or Reach First, if needed to ensure the families' well-being and success to reaching self-sufficiency.
33 V.S.A. § 5203 — VT Code / Title 33 / Chapter 52 / Section 5203
§ 5203. Transfer from other courts
Status: in_force

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

(a) If it appears to a Criminal Division of the Superior Court that the defendant was under 19 years of age at the time the offense charged was alleged to have been committed and the offense charged is an offense not specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this title, that court shall forthwith transfer the proceeding to the Family Division of the Superior Court under the authority of this chapter, and the minor shall then be considered to be subject to this chapter as a child charged with a delinquent act.

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

(a) If it appears to a Criminal Division of the Superior Court that the defendant was under 20 years of age at the time the offense charged was alleged to have been committed and the offense charged is an offense not specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this title, that court shall forthwith transfer the proceeding to the Family Division of the Superior Court under the authority of this chapter, and the minor shall then be considered to be subject to this chapter as a child charged with a delinquent act.

(b) If it appears to a Criminal Division of the Superior Court that the defendant had attained 14 years of age but not 18 years of age at the time an offense specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this title was alleged to have been committed, that court may forthwith transfer the proceeding to the Family Division of the Superior Court under the authority of this chapter, and the minor shall then be considered to be subject to this chapter as a child charged with a delinquent act.

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

(c) If it appears to the State's Attorney that the defendant was under 19 years of age at the time the felony offense charged was alleged to have been committed and the felony charged is not an offense specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this title, the State's Attorney shall file charges in the Family Division of the Superior Court, pursuant to section 5201 of this title. The Family Division may transfer the proceeding to the Criminal Division pursuant to section 5204 of this title.

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

(c) If it appears to the State's Attorney that the defendant was under 20 years of age at the time the felony offense charged was alleged to have been committed and the felony charged is not an offense specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this title, the State's Attorney shall file charges in the Family Division of the Superior Court, pursuant to section 5201 of this title. The Family Division may transfer the proceeding to the Criminal Division pursuant to section 5204 of this title.

(d) A transfer under this section shall include a transfer and delivery of a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case. Upon any such transfer, that court shall order that the defendant be taken forthwith to a place of detention designated by the Family Division of the Superior Court or to that court itself, or shall release the child to the custody of his or her parent or guardian or other person legally responsible for the child, to be brought before the Family Division of the Superior Court at a time designated by that court. The Family Division of the Superior Court shall then proceed as provided in this chapter as if a petition alleging delinquency had been filed with the court under section 5223 of this title on the effective date of such transfer.

(e) Motions to transfer a case to the Family Division of the Superior Court for youthful offender treatment shall be made under section 5281 of this title.
33 V.S.A. § 3604 — VT Code / Title 33 / Chapter 36 / Section 3604
§ 3604. Rights of early care and education providers
Status: in_force

Early care and education providers shall have the right to:

(1) organize, form, join, or assist any union or labor organization for the purpose of collective bargaining without any interference, restraint, or coercion;

(2) bargain collectively through a representative of their own choice;

(3) engage in concerted activities for the purpose of supporting or engaging in collective bargaining;

(4) pursue grievances through the exclusive representative as negotiated pursuant to this chapter; and

(5) refrain from any or all such activities.
33 V.S.A. § 6501 — VT Code / Title 33 / Chapter 65 / Section 6501
§ 6501. Definitions
Status: in_force

As used in this chapter:

(1) “Balance bill” means to charge to or collect from a Medicare or General Assistance beneficiary any amount in excess of the reasonable charge for that service as determined by the U.S. Secretary of Health and Human Services or the Commissioner of Vermont Health Access, as the case may be.

(2) “General Assistance beneficiary” means a person who receives assistance under chapter 21 of this title.

(3) “Medicare beneficiary” means a person who is a beneficiary of health insurance under Title XVIII of the Social Security Act.

(4) “Physician” has the same meaning as in 42 U.S.C. § 1395x(r).
33 V.S.A. § 2609 — VT Code / Title 33 / Chapter 26 / Section 2609
§ 2609. Crisis reserves; eligibility and assistance
Status: in_force

(a) Annually, the Secretary of Human Services or designee shall determine an appropriate amount of funds to be set aside for expenditure for the crisis fuel assistance component of the Home Heating Fuel Program. The Secretary or designee shall also adopt rules to define crisis situations for the expenditure of the home heating fuel crisis funds and to establish the income eligibility requirements of households for receipt of crisis Home Heating Fuel Assistance, provided that no household shall be eligible whose gross household income is greater than 200 percent of the federal poverty level based on the income of all persons residing in the household. To the extent allowed by federal law, the Secretary or designee shall establish by rule a calculation of gross income based on the same rules used in 3SquaresVT, except that the Secretary or designee shall include additional deductions or exclusions from income required by LIHEAP.

(b) Crisis fuel grants may be limited per winter heating season to one grant for households that are income-eligible and have received a seasonal fuel assistance grant and meet all eligibility requirements for crisis fuel assistance or to two grants for households that are not income-eligible for seasonal fuel assistance and meet all eligibility requirements for crisis fuel assistance.
33 V.S.A. § 5313 — VT Code / Title 33 / Chapter 53 / Section 5313
§ 5313. Timelines for pretrial and merits hearing
Status: in_force

(a) Pretrial hearing. At the time of the temporary care hearing or at the preliminary hearing on the petition if there is no request for temporary legal custody, the court shall set a pretrial hearing on the petition. The hearing shall be held within 15 days of the temporary care hearing or the preliminary hearing. In the event that there is no admission or dismissal at or before the pretrial hearing, the court shall set the matter for a hearing to adjudicate the merits of the petition.

(b) Merits hearing. If the child who is the subject of the petition has been removed from the legal custody of the custodial parent, guardian, or custodian pursuant to a temporary care order, a merits hearing shall be held and merits adjudicated no later than 60 days from the date the temporary care order is issued, except for good cause shown. In all other cases, merits shall be adjudicated in a timely manner in the best interests of the child.
33 V.S.A. § 5283 — VT Code / Title 33 / Chapter 52A / Section 5283
§ 5283. Hearing in Family Division
Status: in_force

(a) Timeline. Unless the State's Attorney refers the youth directly to court diversion pursuant to subsection 5280(e) of this title, a youthful offender consideration hearing shall be held not later than 60 days after the transfer of the case from the Criminal Division or filing of a youthful offender petition in the Family Division.

(b) Notice. Notice of the hearing shall be provided to the State's Attorney; the youth; the youth's parent, guardian, or custodian; the Department; and the Department of Corrections.

(c) Hearing procedure.

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

(2) For individuals who had attained 18 years of age but not 22 years of age at the time the act is alleged to have been committed, hearings under 5284(a) of this title shall be open to the public. All other youthful offender proceedings shall be confidential.

(d) Burden of proof. The burden of proof shall be on the moving party to prove by a preponderance of the evidence that a child should be granted youthful offender status. If the court makes the motion, the burden shall be on the youth.

(e) Further hearing. On its own motion or the motion of a party, the court may schedule a further hearing to obtain reports or other information necessary for the appropriate disposition of the case.
33 V.S.A. § 1907 — VT Code / Title 33 / Chapter 19 / Section 1907
§ 1907. Subrogation
Status: in_force

To the extent that payment for covered expenses has been made under the Medicaid program or through any State agency administering health benefits or a health benefit plan for which Medicaid is a source of funding for health care items or services furnished to an individual, in any case where a third party has a legal liability to make payments, the State is considered to have acquired the rights of the individual to payment by any other party for those health care items or services. An insurer shall accept the Agency's right to recovery and the assignment to the Agency of any right of a person to payment from the third party for medical services for which the Agency has made payment under this chapter.
33 V.S.A. § 1302 — VT Code / Title 33 / Chapter 13 / Section 1302
§ 1302. State aid to the aged
Status: in_force

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

(1) has attained 65 years of age; and

(2) is not a patient in a public institution, except a public medical institution.
33 V.S.A. § 4702 — VT Code / Title 33 / Chapter 47 / Section 4702
§ 4702. System for services to children at risk of school failure
Status: in_force

(a) As used in this chapter:

(1) “At risk” means those children from birth to age 72 months who have a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay, or who have a high probability of experiencing failure in school due to biological, medical, or environmental factors.

(2) “School failure” means failure to develop essential skills in reading, writing, and mathematics appropriate to age level.

(b) The Secretaries of Human Services and of Education shall develop and implement, through community-based organizations, a coordinated system of State and local agencies that identifies children at risk of school failure, makes available to them and their families, as eligible and willing, coordinated early education and support services individually designed with each family and based on a family's identified needs, and encourages parents to use these services. After an informational meeting and prior to family participation in any screenings or services to be conducted in the home, the provider visiting the home shall explain the confidentiality policies and abuse and neglect reporting requirements. A parent shall be required to sign a form acknowledging their awareness of these policies and requirements. All services shall be voluntary, and when a local community chooses to offer services in the home, an alternative site shall be provided for families desiring services but not home visits.

(c) This system shall be accessible to local public review and comment in the Agency of Human Services districts where these programs are in service through two warned public meetings per year. Two weeks in advance of these meetings, documents that fully describe program activities, including reports, budgets, plans, and working guidelines, shall be made available to school boards in program service areas and at the area lead agency. These meetings shall be co-chaired by an elected school board director or superintendent in the district and an official of the program's lead agency. The lead agency in each district, in cooperation with the Agencies of Human Services and of Education, shall annually present a report of its activities and expenditures to appropriate committees of the General Assembly.

(d) The Agency of Education and the Agency of Human Services shall have authority to adopt rules under 3 V.S.A. chapter 25 as necessary to implement this chapter. In addition, either agency shall initiate rule-making if requested by a majority of the involved community-based lead agencies, or by the public as provided in 3 V.S.A. § 831(c).

(e) Nothing in this chapter shall create an entitlement.
33 V.S.A. § 5912 — VT Code / Title 33 / Chapter 59 / Section 5912
§ 5912. Oversight; dispute resolution; enforcement [Contingently enacted]
Status: in_force

(a) Oversight.

(1) The Interstate Commission shall oversee the administration and operation of the Compact.

(2) The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and the rules of the Interstate Commission and shall take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The Compact and its rules shall be binding in the compacting states to the extent and in the manner provided for in this Compact.

(3) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact.

(4) The Interstate Commission shall be entitled to receive service of process in any action in which the validity of a compact provision or rule is the issue for which a judicial determination has been sought and shall have standing to intervene in any proceedings. Failure to provide service of process to the Interstate Commission shall render any judgment, order, or other determination, however so captioned or classified, void as to the Interstate Commission, this Compact, its bylaws, or rules of the Interstate Commission.

(b) Dispute Resolution.

(1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the Compact and that may arise among member states and between member and nonmember states.

(2) The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among compacting states. The costs of such mediation or dispute resolution shall be the responsibility of the parties to the dispute.

(c) Enforcement. If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or its bylaws or rules, the Interstate Commission may do any of the following:

(1) Provide remedial training and specific technical assistance.

(2) Provide written notice to the defaulting state and other member states of the nature of the default and the means of curing the default. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default.

(3) By majority vote of the members, initiate against a defaulting member state legal action in the U.S. 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 principal office, to enforce compliance with the provisions of the Compact and its bylaws or rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

(4) Avail itself of any other remedies available under state law or the regulation of official or professional conduct. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
33 V.S.A. § 5122 — VT Code / Title 33 / Chapter 51 / Section 5122
§ 5122. Misconduct during court proceedings
Status: in_force

A person who engages in misconduct while participating in a court proceeding under the juvenile judicial proceedings chapters may be subject to appropriate sanctions, including criminal charges, as provided by relevant law, regulation, rule, or employment policy. The confidentiality requirements of subsection 5110(c) of this title shall not apply to the extent necessary to report and respond to allegations of misconduct under the juvenile judicial proceedings chapters. This section shall not be construed to create a private right of action or a waiver of sovereign immunity.
33 V.S.A. § 6916 — VT Code / Title 33 / Chapter 69 / Section 6916
§ 6916. Annual report
Status: in_force

On or before January 15 of each year, and notwithstanding the provisions of 2 V.S.A. § 20(d), the Department shall report to the House Committee on Human Services and the Senate Committee on Health and Welfare regarding the Department's adult protective services activities during the previous fiscal year, including:

(1) the number of reports of abuse, neglect, or exploitation of a vulnerable adult that the Department's Adult Protective Services program received during the previous fiscal year and comparisons with the two prior fiscal years;

(2) the Adult Protective Services program's timeliness in responding to reports of abuse, neglect, or exploitation of a vulnerable adult during the previous fiscal year, including the median number of days it took the program to make a screening decision;

(3) the number of reports received during the previous fiscal year that required a field screen to determine vulnerability and the percentage of field screens that were completed within 10 calendar days;

(4) the number of reports of abuse, neglect, or exploitation of a vulnerable adult that were received from a facility licensed by the Department's Division of Licensing and Protection during the previous fiscal year;

(5) the numbers and percentages of reports received during the previous fiscal year by each reporting method, including by telephone, e-mail, Internet, facsimile, and other means;

(6) the number of investigations opened during the previous fiscal year and comparisons with the two prior fiscal years;

(7) the number and percentage of investigations during the previous fiscal year in which the alleged victim was a resident of a facility licensed by the Department's Division of Licensing and Protection;

(8) data regarding the types of maltreatment experienced by alleged victims during the previous fiscal year, including:

(A) the percentage of investigations that involved multiple types of allegations of abuse, neglect, or exploitation, or a combination;

(B) the numbers and percentages of unsubstantiated investigations by type of maltreatment; and

(C) the numbers and percentages of recommended substantiations by type of maltreatment;

(9) the Department's timeliness in completing investigations during the previous fiscal year, including both unsubstantiated and recommended substantiated investigations;

(10) data on Adult Protective Services program investigator caseloads, including:

(A) average daily caseloads during the previous fiscal year and comparisons with the two prior fiscal years;

(B) average daily open investigations statewide during the previous fiscal year and comparisons with the two prior fiscal years;

(C) average numbers of completed investigations per investigator during the previous fiscal year; and

(D) average numbers of completed investigations per week during the previous fiscal year;

(11) the number of reviews of screening decisions not to investigate, including the number and percentage of these decisions that were upheld during the previous fiscal year and comparisons with the two prior fiscal years;

(12) the number of reviews of investigations that resulted in an unsubstantiation, including the number and percentage of these unsubstantiations that were upheld during the previous fiscal year and comparisons with the two prior fiscal years;

(13) the number of appeals of recommendations of substantiation that concluded with the Commissioner, including the number and percentage of these recommendations that the Commissioner upheld during the previous fiscal year and comparisons with the two prior fiscal years;

(14) the number of appeals of recommendations of substantiation that concluded with the Human Services Board, including the numbers and percentages of these recommendations that the Board upheld during the previous fiscal year and comparisons with the two prior fiscal years;

(15) the number of appeals of recommendations of substantiation that concluded with the Vermont Supreme Court, including the numbers and percentages of these recommendations that the Court upheld during the previous fiscal year and comparisons with the two prior fiscal years;

(16) the number of expungement requests received during the previous fiscal year, including the number of requests that resulted in removal of an individual from the Adult Abuse Registry;

(17) the number of individuals placed on the Adult Abuse Registry during the previous fiscal year and comparisons with the two prior fiscal years; and

(18) the number of individuals removed from the Adult Abuse Registry during the previous fiscal year.
33 V.S.A. § 6908 — VT Code / Title 33 / Chapter 69 / Section 6908
§ 6908. Immunity from liability
Status: in_force

Any person who in good faith makes a report under section 6904 of this title alleging abuse, neglect, or exploitation shall be immune from any liability, civil or criminal, for making the report. Nothing in this section grants civil or criminal immunity to any person suspected of having abused, neglected, or exploited a vulnerable adult.
33 V.S.A. § 5221 — VT Code / Title 33 / Chapter 52 / Section 5221
§ 5221. Citation and notice to appear at preliminary hearing
Status: in_force

(a) Citation. If an officer has probable cause to believe that a child has committed or is committing a delinquent act and the circumstances do not warrant taking the child into custody pursuant to subchapter 3 of this chapter, the officer may issue a citation to appear before a judicial officer in lieu of arrest.

(b) Appearance in court. A child who receives a citation described in this section shall appear at the court designated in the citation at the time and date specified in the citation unless otherwise notified by the court.

(c) Notice to parent. The officer who issues the citation shall also issue or cause to be issued a notice to the child's custodial parent, guardian, or custodian. The notice shall indicate the date, time, and place of the preliminary hearing and shall direct the responsible adult to appear at the hearing with the child.

(d) Form. The citation to appear shall be dated and signed by the issuing officer and shall direct the child to appear before a judicial officer at a stated time and place. The citation shall state the name of the child to whom it is addressed, the delinquent act that the child is alleged to have committed, and a notice that the child is entitled to be represented by an attorney at the hearing and that an attorney will be appointed for the child if the parent or guardian is indigent and cannot afford an attorney.

(e) Filing of citation. The issuing officer shall sign the citation and file the citation and an affidavit as to probable cause with the State's Attorney.
33 V.S.A. § 4901 — VT Code / Title 33 / Chapter 49 / Section 4901
§ 4901. Statement of purposes
Status: in_force

The Department may cooperate with the appropriate federal agency for the purpose of establishing, extending, and strengthening services that supplement or substitute for parental care and supervision, including:

(1) preventing, remedying, or assisting in the solution of problems that may result in neglect, abuse, exploitation, or delinquency of children;

(2) protecting and caring for homeless, dependent, or neglected children;

(3) protecting and promoting the welfare of children of working parents;

(4) otherwise protecting and promoting the welfare of children, including the strengthening of their homes where possible or, where needed, providing adequate care away from their homes in child-care facilities; and

(5) assisting youth in a successful transition to an independent adulthood, including the avoidance of homelessness, incarceration, and substance abuse.
33 V.S.A. § 1114 — VT Code / Title 33 / Chapter 11 / Section 1114
§ 1114. Deferments, modifications, and referral
Status: in_force

The program participation requirements established in section 1113 of this chapter shall be deferred when:

(1) a participating adult is 60 years of age or older;

(2) a participating adult is caring for a child under six weeks of age;

(3) a participating adult for whom, due to the effects of domestic violence, engaging in the program participation requirements can be reasonably anticipated to result in serious physical or emotional harm to the participating adult or participating adult's child; or

(4) any other participant designated by the Commissioner in accordance with criteria established by the Commissioner in rule pursuant to 3 V.S.A. chapter 25.
33 V.S.A. § 5234a — VT Code / Title 33 / Chapter 52 / Section 5234a
§ 5234a. Rights of victims in delinquency proceedings involving a nonlisted crime
Status: in_force

(a) The victim in a delinquency proceeding involving an offense that is not a listed crime shall have the following rights:

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

(A) the victim's rights as provided by law, information regarding how a delinquency proceeding is adjudicated, the confidential nature of juvenile proceedings, and that it is unlawful to disclose confidential information concerning the proceedings;

(B) when a delinquency petition is filed;

(C) the child's name and the conditions of release ordered for the child or modified by the court unless otherwise limited by court order; and

(D) when a dispositional court proceeding is scheduled to take place and when a court proceeding of which the victim has been notified will not take place as scheduled.

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

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

(4) To attend the disposition hearing for the sole purpose of presenting to the court a victim impact statement, including testimony in support of the victim's claim for restitution pursuant to section 5235 of this title. The victim shall not be personally present at any portion of the disposition hearing except to present a victim impact statement or to testify in support of the victim's claim for restitution unless the court finds that the victim's presence is necessary in the interest of justice.

(5) To be notified by the agency having custody of the child, if agreed to by the parties, before the child is released into the community from a secure or staff-secured residential facility.

(6) To have the court take the victim's views into consideration in the court's disposition order. If the victim is not present, the court shall consider whether the victim has expressed, either orally or in writing, views regarding disposition and shall take those views into account when ordering disposition. The court shall order that the victim be notified as to the identity of the child upon disposition if the court finds that release of the child's identity to the victim is in the best interests of both the child and the victim and serves the interests of justice.

(b) The prosecutor's office shall keep the victim informed and consult with the victim through the delinquency proceedings.
33 V.S.A. § 1802 — VT Code / Title 33 / Chapter 18 / Section 1802
§ 1802. Definitions
Status: repealed

As used in this subchapter:

(1) “Affordable Care Act” means the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, and as further amended.

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

(3) “Health benefit plan” means a policy, contract, certificate, or agreement offered or issued by a health insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health services. This term does not include coverage only for accident or disability income insurance, liability insurance, coverage issued as a supplement to liability insurance, workers' compensation or similar insurance, automobile medical payment insurance, credit-only insurance, coverage for on-site medical clinics, or other similar insurance coverage where benefits for health services are secondary or incidental to other insurance benefits as provided under the Affordable Care Act. The term also does not include stand-alone dental or vision benefits; long-term care insurance; short-term, limited-duration health insurance; specific disease or other limited benefit coverage, Medicare supplemental health benefits, Medicare Advantage plans, and other similar benefits excluded under the Affordable Care Act.

(4) “Health insurer” shall have the same meaning as in 18 V.S.A. § 9402.

[Subdivision (5) effective until January 1, 2026; see also subdivision (5) effective January 1, 2026 set out below.]

(5) “Qualified employer”:

(A) means an entity that employed an average of not more than 50 employees on working days during the preceding calendar year and that:

(i) has its principal place of business in this State and elects to provide coverage for its eligible employees through the Vermont Health Benefit Exchange, regardless of where an employee resides; or

(ii) elects to provide coverage through the Vermont Health Benefit Exchange for all of its eligible employees who are principally employed in this State;

(B) on and after January 1, 2016, shall include an entity that:

(i) employed an average of not more than 100 employees on working days during the preceding calendar year; and

(ii) meets the requirements of subdivisions (A)(i) and (A)(ii) of this subdivision (5).

(C) [Repealed.]

[Subdivision (5) effective January 1, 2026; see also subdivision (5) effective until January 1, 2026 set out above.]

(5) “Qualified employer” means an entity that employed an average of not more than 100 employees on working days during the preceding calendar year and that:

(A) has its principal place of business in this State and elects to provide coverage for its eligible employees through the Vermont Health Benefit Exchange, regardless of where an employee resides; or

(B) elects to provide coverage through the Vermont Health Benefit Exchange for all of its eligible employees who are principally employed in this State.

(C) [Repealed.]

(6) “Qualified entity” means an entity with experience in individual and group health insurance, benefit administration, or other experience relevant to health benefit program eligibility, enrollment, or support.

(7) “Qualified health benefit plan” means a health benefit plan that meets the requirements set forth in section 1806 of this title.

(8) “Qualified individual” means an individual, including a minor, who is a Vermont resident and, at the time of enrollment:

(A) is not incarcerated, or is only incarcerated awaiting disposition of charges; and

(B) is, or is reasonably expected to be during the time of enrollment, a citizen or national of the United States or an immigrant lawfully present in the United States as defined by federal law.

(9) “Modified adjusted gross income” shall have the same meaning as in 26 U.S.C. § 36B(d)(2)(B).

(10) “Reflective health benefit plan” means a health benefit plan that meets the requirements set forth in section 1813 of this title.
33 V.S.A. § 1305 — VT Code / Title 33 / Chapter 13 / Section 1305
§ 1305. Disqualifications
Status: in_force

State aid to the aged, blind, and disabled shall not be granted to any individual who has real or personal property in excess of that permitted for eligibility for Supplemental Security Income under the Social Security Act as amended.
33 V.S.A. § 1959 — VT Code / Title 33 / Chapter 19 / Section 1959
§ 1959. Ambulance agency assessment
Status: in_force

(a)(1) The annual assessment for each ambulance agency shall be 3.3 percent of the ambulance agency's annual net patient revenues for services delivered to patients in Vermont during the most recent annual fiscal period. As used in this section, “net patient revenues” means the total amount of payments an ambulance agency received during the fiscal period from Medicaid, Medicare, commercial insurance, and all other payers as payment for services rendered. The term does not include municipal appropriations, donations from any source, or any other funding unrelated to the delivery of health care services.

(2) The Department shall determine the appropriate fiscal period as necessary to ensure compliance with federal law.

(3) Ambulance agencies shall remit the assessment amount to the Department annually on or before June 1.

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

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

(d) Any ambulance agency that fails to make a payment to the Department on or before the specified schedule, or under any schedule of delayed payments established by the Commissioner, shall be assessed not more than $1,000.00. The Commissioner may waive the late-payment assessment provided in this subsection for good cause shown by the ambulance agency.
33 V.S.A. § 1308 — VT Code / Title 33 / Chapter 13 / Section 1308
§ 1308. Rules
Status: in_force

In fixing standards and adopting rules under this chapter, the Commissioner for Children and Families shall be guided by the statutory standards set forth in this chapter, which standards shall not be deemed necessarily to incorporate by reference decisional or statutory law applicable to the aid to the aged, blind, and disabled program in effect prior to January 1, 1974.
33 V.S.A. § 4109 — VT Code / Title 33 / Chapter 41 / Section 4109
§ 4109. Office of Child Support; use of federal parent locator service
Status: in_force

The Office of Child Support may use the services of the Federal Parent Locator Service.
33 V.S.A. § 141 — VT Code / Title 33 / Chapter 1 / Section 141
§ 141. Fraud
Status: in_force

(a) A person who knowingly fails, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material fact used to determine whether that person is qualified to receive aid or benefits under a State or federally funded assistance program; or who knowingly fails to disclose a change in circumstances in order to obtain or continue to receive aid or benefits to which he or she is not entitled or in an amount larger than that to which he or she is entitled; or who knowingly aids and abets another person in the commission of any such act shall be punished as provided in section 143 of this title.

(b) A person who knowingly uses, transfers, acquires, traffics, alters, forges, or possesses; or who knowingly attempts to use, transfer, acquire, traffic, alter, forge, or possess; or who knowingly aids and abets another person in the use, transfer, acquisition, traffic, alteration, forgery, or possession of a Supplemental Nutrition Assistance Program benefit card, authorization for the purchase of Supplemental Nutrition Assistance Program benefits, certificate of eligibility for medical services, or State health care program identification card in a manner not authorized by law shall be punished as provided in section 143 of this title.

(c) A person who administers a State or federally funded assistance program who fraudulently misappropriates, attempts to misappropriate, or aids and abets in the misappropriation of a Supplemental Nutrition Assistance Program benefit, authorization for Supplemental Nutrition Assistance Program benefits, a Supplemental Nutrition Assistance Program benefit identification card, certificate of eligibility for prescribed medicine, State health care program identification card, or assistance from any other State or federally funded program with which he or she has been entrusted or of which he or she has gained possession by virtue of his or her position; or who knowingly misappropriates, attempts to misappropriate, or aids or abets in the misappropriation of funds given in exchange for Supplemental Nutrition Assistance Program benefits shall be punished as provided in section 143 of this title.

(d) A person who knowingly files, attempts to file, or aids and abets in the filing of a claim for services to a recipient of benefits under a State or federally funded assistance program for services that were not rendered; or who knowingly files a false claim or a claim for unauthorized items or services under such a program; or who knowingly bills the recipient of benefits under such a program or his or her family for an amount in excess of that provided for by law or regulation; or who knowingly fails to credit the State or its agent for payments received from Social Security, insurance, or other sources; or who in any way knowingly receives, attempts to receive, or aids and abets in the receipt of unauthorized payment as provided herein shall be punished as provided in section 143 of this title.

(e) A person providing service for which compensation is paid under a State or federally funded assistance program who requests, and receives, either actually or constructively, any payment or contribution through a payment, assessment, gift, devise, bequest, or other means, whether directly or indirectly, from either a recipient of assistance from the assistance program or from the family of the recipient shall notify the Commissioner for Children and Families or the Commissioner of Vermont Health Access, on a form provided by him or her, of the amount of the payment or contribution and of such other information as specified by the Commissioner for Children and Families or the Commissioner of Vermont Health Access within 10 days after the receipt of the payment or contribution or, if the payment or contribution is to become effective at some time in the future, within 10 days of the consummation of the agreement to make the payment or contribution. Failure to notify the Commissioner for Children and Families or the Commissioner of Vermont Health Access within the time prescribed is punishable as provided in section 143 of this title.

(f) Repayment of assistance or services wrongfully obtained shall not constitute a defense to or ground for dismissal of criminal charges brought under this section.
33 V.S.A. § 2105 — VT Code / Title 33 / Chapter 21 / Section 2105
§ 2105. Action on application or information
Status: in_force

The Commissioner shall cause an investigation and record to be made of the circumstances of the person alleged to need General Assistance to determine whether the person is eligible. Information shall be sought as to the residence of the person, his or her age, physical condition, earnings or other income, ability to be gainfully employed of all members of his or her family, the cause of the person's condition, the ability and willingness of persons legally liable for his or her support to assist, and other relevant facts.
33 V.S.A. § 1909 — VT Code / Title 33 / Chapter 19 / Section 1909
§ 1909. Direct payments to Agency; discharge of insurer's obligation
Status: in_force

(a) When a recipient who is covered by the recipient's or a legally liable representative's insurer receives medical benefits under this subchapter, payment for covered services or notice of denial shall be issued directly to the provider.

(b) A provider shall indicate on any claim form submitted to an insurer for covered services whether or not the person receiving treatment is a recipient.

(c)(1) An insurer that receives notice that the Agency has made payments to the provider shall pay benefits or send notice of denial directly to the Agency. Receipt of an Agency claim form by an insurer constitutes notice that payment of the claim was made by the Agency to the provider and that form supersedes any contract requirements of the insurer relating to the form of submission.

(2) An insurer shall respond to any request made by the Agency regarding a claim for payment for any health care item or service that is submitted not later than three years after the date of the provision of such health care item or service.

(3) An insurer shall not:

(A) deny a claim submitted by the Agency solely on the basis of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point-of-sale that is the basis of the claim, if the claim is submitted by the Agency within the three-year period beginning on the date on which the item or service was furnished and any action by the Agency to enforce its rights with respect to a claim is commenced within six years following the Agency's submission of the claim; or

(B) deny a claim submitted by the Agency on the basis of failing to obtain a prior authorization for the item or service for which the claim is being submitted, if the Agency has transmitted authorization that the item or service is covered by the Medicaid state plan or waiver under subdivision 1908(d)(2) of this title.

(d) An insurer that has been notified of a claim by the Agency under this section and proceeds to pay the claim to a person other than the Agency is not discharged from payment of the Agency's claim.

(e) Payment to the Agency by an insurer under this section discharges the insurer's obligation for further payment on the claim to the extent of the amount paid.
33 V.S.A. § 6321 — VT Code / Title 33 / Chapter 63 / Section 6321
§ 6321. Attendant care services
Status: in_force

(a) As used in this section:

(1) “Attendant care services” means one or more of the following types of care or service provided for compensation: assistance with personal care, including dressing, bathing, shaving, and grooming, and assistance with eating, meal preparation, and ambulation. Recipients of attendant care services shall have the opportunity to hire, train, and terminate the employment of attendants as necessary, establish work schedules, manage the services, and oversee payments of attendants and recordkeeping.

(2) “Group-directed attendant care” means attendant care services provided by one or more attendants to a group of unrelated individuals who reside in the same residence.

(3) “Personal services” means attendant care services provided to a Medicaid-eligible individual who is an elder or has a disability in his or her home, which are necessary to avoid institutionalization.

(4) “Participant-directed attendant care” means attendant care services for an individual who has a permanent and severe disability who requires service in at least two activities of daily living in order to live independently.

(b) The Department shall establish an Attendant Care Services Program to assist eligible individuals to gain or retain their independence. The Attendant Care Services Program shall include a Participant-Directed Attendant Care Program, a Group-Directed Attendant Care Program, and a personal services program.

(c) Information received or compiled by the Department with respect to individuals using attendant care services shall be confidential.

(d) The Commissioner shall adopt rules to implement the provisions of this section, including eligibility criteria for the programs, criteria for determining service needs, rules relating to control and oversight of services by beneficiaries of a program, and procedures for handling and maintaining confidential information. Prior to filing a proposed rule, the Commissioner shall seek input from individuals with disabilities, elders, and organizations that represent such individuals.

(e) Grievances brought under this section shall be heard by the Human Services Board.

(f) Workers who provide attendant care, as defined in program rules of the Department of Disabilities, Aging, and Independent Living, personal care, companion care, respite care, or support services to persons who receive financial assistance from the Agency of Human Services through its departments and offices, and whose payroll service is provided directly by the State or by an intermediary payroll service organization acting under the authority of the State are exempt from 21 V.S.A. § 342 and shall not be construed as State employees except for purposes of 21 V.S.A. chapters 9 and 17.

(g) The State may provide workers' compensation coverage to workers who provide attendant care, personal care, companion care, respite care, or support services to persons who receive financial assistance from the Agency of Human Services through programs administered by its departments and offices, and whose payroll service is provided directly by the State or by an intermediary payroll service organization acting under the authority of the State. The State or its intermediary payroll service organization shall be considered a single entity for purposes of purchasing a single workers' compensation insurance policy providing coverage for such workers.

(h) Subsections (f) and (g) of this section are intended to permit the State to provide workers' compensation and unemployment compensation and shall not be considered for any other purposes.
33 V.S.A. § 6932 — VT Code / Title 33 / Chapter 69 / Section 6932
§ 6932. Jurisdiction and venue
Status: in_force

(a) The Family Division of the Superior Court shall have jurisdiction over proceedings under this subchapter.

(b) Emergency orders under section 6936 of this title may be issued by a judge of the Criminal, Civil, or Family Division of the Superior Court.

(c) Proceedings under this subchapter may be commenced in the county in which the vulnerable adult resides. If the vulnerable adult has left the residence to avoid abuse, neglect, or exploitation, the vulnerable adult shall have the option to bring an action in the county of the previous residence or the county of the new residence.
33 V.S.A. § 1003 — VT Code / Title 33 / Chapter 10 / Section 1003
§ 1003. Eligibility
Status: in_force

(a) A family shall be eligible for the Reach First program if the family's income and resources are below the limits established for the Reach Up program, and the family resides in Vermont. All applicants for programs under this chapter or chapter 11 or 12 of this title shall be provided an orientation, initial assessments, the Reach First payment, and, if appropriate for the family, in-depth assessment, a family development plan, and services through Reach First.

(b) Reach First payments and services shall be available only once every 12 months for a family, except as provided for by rule. Families who have received Reach First within the past 12 months shall be provided financial assistance and services through Reach Up, the Postsecondary Education Program, or other program appropriate for the family. Families applying for or participating in other programs may also receive Reach First assessments, payments, or services as provided for by rule.

(c) The Commissioner may use the eligibility rules for Reach Up instead of adopting new eligibility rules for this program.

(d) An adult who accepts employment after reporting as directed under section 1007 of this title may receive Reach First or Reach Up, provided that the family remains financially eligible for the program in accordance with Department rules.