reglab/housing_qa huggingface dataset:
18 V.S.A. § 8709
2021 Vermont Statutes|Title 18 - Health|Chapter 204 - Sterilization|§ 8709. Petition and notice of hearing

§ 8709. Petition and notice of hearing|(a) Any adult with an intellectual disability, his or her parent, private guardian, near relative, as defined in section 8821 of this title, or physician, may file a petition in the Superior Court alleging that the person has an intellectual disability and is in need of sterilization.(b) The petition shall set forth:  (1) the name, age, and residence of the person to be sterilized; (2) the names and addresses of the petitioner and parents, guardians, spouse, and nearest relative of said person; (3) the mental condition of said person; (4) a statement of said person's ability to give informed consent to the sterilization; (5) said person's ability to pay for legal counsel; (6) the relation of said person to the petitioner; (7) the reasons and supporting facts why sterilization is in the best interest of said person.   (c) Upon filing of the petition, the court shall fix a time and place for the hearing not more than 45 days from the receipt of the petition. Not less than 20 days prior to the date set for the hearing, the court shall cause the petitioner to serve the respondent with the petition and notice of hearing. The court shall also mail a copy of the petition and notice of the hearing to the respondent's counsel, his or her legal guardian, and nearest relative. (Added 1981, No. 142 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 111; 2013, No. 192 (Adj. Sess.), § 25.)
18 V.S.A. § 8710
2021 Vermont Statutes|Title 18 - Health|Chapter 204 - Sterilization|§ 8710. Appointment of counsel

§ 8710. Appointment of counsel|The respondent shall be represented by counsel throughout the proceeding. Upon filing of the petition the court shall notify the respondent that he or she shall be afforded the right to counsel. If the petition states that the respondent is unable to pay for counsel, the court shall appoint counsel to be paid by the State or set a hearing for a determination of the respondent's ability to pay for counsel. The court may also require appointment of a guardian ad litem to represent the interest of the respondent. Counsel shall receive copies of the comprehensive evaluations required by section 8711(d) of this title and such other documents as may be received and issued by the court. (Added 1981, No. 142 (Adj. Sess.), § 1.)
18 V.S.A. § 8712
2021 Vermont Statutes|Title 18 - Health|Chapter 204 - Sterilization|§ 8712. Findings; order

§ 8712. Findings; order|(a) The court shall prepare written findings of fact and state separately its conclusions of law in all cases.(b) If upon completion of the hearing and consideration of the record, the court finds that the person with an intellectual disability is competent to give informed consent and no such consent has been given, no sterilization may be ordered.(c) If upon completion of the hearing and consideration of the record, the court finds that the person is incompetent to consent and that the sterilization is in the best interests of the person, it shall order that an involuntary sterilization may be performed. (Added 1981, No. 142 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 111.)
18 V.S.A. § 8713
2021 Vermont Statutes|Title 18 - Health|Chapter 204 - Sterilization|§ 8713. Confidentiality of proceedings

§ 8713. Confidentiality of proceedings|All proceedings under this chapter shall be closed to the public, and the records shall be sealed unless requested to be opened by the respondent. (Added 1981, No. 142 (Adj. Sess.), § 1.)
18 V.S.A. § 8714
2021 Vermont Statutes|Title 18 - Health|Chapter 204 - Sterilization|§ 8714. Appeal; automatic stay

§ 8714. Appeal; automatic stay|(a) Any party to the proceeding shall have the right to appeal from a judgment issued pursuant to this chapter within 30 days of the judgment pursuant to the Vermont rules of appellate procedure.(b) If the court has issued a judgment allowing sterilization, the judgment shall not become final for 30 days. An appeal of such a judgment shall operate as a stay of the order during the pendency of the appeal or during the pendency of any further appeal to the U.S. Supreme Court. (Added 1981, No. 142 (Adj. Sess.), § 1.)
18 V.S.A. § 8715
2021 Vermont Statutes|Title 18 - Health|Chapter 204 - Sterilization|§ 8715. Liability; costs

§ 8715. Liability; costs|(a) Sterilizations performed pursuant to this chapter shall be legal and no person shall be civilly or criminally liable for performing a sterilization pursuant to such order of the court; provided, however, that the provisions of this chapter shall not affect any liability which may be incurred as a consequence of the manner in which such sterilization operation is performed.(b) The cost of evaluations required by sections 8707 and 8709 of this title shall be paid for out of appropriations of the Department of Disabilities, Aging, and Independent Living. (Added 1981, No. 142 (Adj. Sess.), § 1; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 44.)
18 V.S.A. § 8716
2021 Vermont Statutes|Title 18 - Health|Chapter 204 - Sterilization|§ 8716. Jurisdiction

§ 8716. Jurisdiction|The Superior Court shall have exclusive original jurisdiction over all proceedings brought under this chapter. Proceedings under this chapter shall be commenced in the Superior Court of the county in which the person with an intellectual disability resides. (Added 1981, No. 142 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 111.)
18 V.S.A. § 8721
2021 Vermont Statutes|Title 18 - Health|Chapter 204A - Development Disabilities Act|§ 8721. Purpose

§ 8721. Purpose|It is the policy of the State of Vermont that each citizen with a developmental disability shall have the following opportunities:  (1) To live in a safe environment with respect and dignity. (2) To live with family or in a home of his or her choice. (3) To make choices which affect his or her life. (4) To attend neighborhood schools, be employed, and participate in activities, to the extent that this purpose is not construed to alter or extend rights or responsibilities of federal laws relating to special education. (5) To have access to the community support and services that are available to other citizens. (Added 1995, No. 174 (Adj. Sess.), § 1.)
18 V.S.A. § 8722
2021 Vermont Statutes|Title 18 - Health|Chapter 204A - Development Disabilities Act|§ 8722. Definitions

§ 8722. Definitions|As used in this chapter:  (1) "Department" means the Department of Disabilities, Aging, and Independent Living. (2) "Developmental disability" means a severe, chronic disability of a person that is manifested before the person reaches 18 years of age and results in:  (A) intellectual disability, autism, or pervasive developmental disorder; and (B) deficits in adaptive behavior at least two standard deviations below the mean for a normative comparison group.  (3) "Family" means a group of individuals that includes a person with a developmental disability and that:  (A) is related by blood, marriage, or adoption; or (B) considers themselves a family based upon bonds of affection, which, for the purposes of this subdivision, means enduring ties that do not depend upon the existence of an economic relationship.  (4) "Person with a developmental disability" means a person who is a resident of Vermont and who has a developmental disability. (5) "Recipient" means a person with a developmental disability or a family that has been approved to receive services or funding under criteria specified in the system of care plan. (6) "Service" means support or service provided, funded, or coordinated by the Department. (7) "System of care plan" means the plan adopted pursuant to section 8725 of this title and that describes funding and services to be provided to people with developmental disabilities and their families. (Added 1995, No. 174 (Adj. Sess.), § 1; amended 2005, No. 174 (Adj. Sess.), § 45; 2013, No. 96 (Adj. Sess.), § 112; 2013, No. 140 (Adj. Sess.), § 1.)
18 V.S.A. § 8723
2021 Vermont Statutes|Title 18 - Health|Chapter 204A - Development Disabilities Act|§ 8723. Department of Disabilities, Aging, and Independent Living; duties

§ 8723. Department of Disabilities, Aging, and Independent Living; duties|The Department shall plan, coordinate, administer, monitor, and evaluate State and federally funded services for people with developmental disabilities and their families within Vermont. The Department shall be responsible for coordinating the efforts of all agencies and services, government and private, on a statewide basis in order to promote and improve the lives of individuals with developmental disabilities. Within the limits of available resources, the Department shall:  (1) promote the principles stated in section 8724 of this title and shall carry out all functions, powers, and duties required by this chapter by collaborating and consulting with people with developmental disabilities, their families, guardians, community resources, organizations, and people who provide services throughout the State; (2) develop, maintain, and monitor an equitably and efficiently allocated statewide system of community-based services that reflect the choices and needs of people with developmental disabilities and their families; (3) acquire, administer, and exercise fiscal oversight over funding for community-based services, including the management of State contracts; (4) identify resources and legislation needed to maintain a statewide system of community-based services; (5) establish a statewide procedure for applying for services; (6) facilitate or provide pre-service or in-service training and technical assistance to service providers consistent with the system of care plan; (7) maintain a statewide system of quality assessment and assurance for services provided to people with developmental disabilities and provide quality improvement support to ensure that the principles of service in section 8724 of this title are achieved; (8) encourage the establishment and development of locally administered and locally controlled nonprofit services for people with developmental disabilities, based on the specific needs of individuals and their families; (9) promote and facilitate participation by people with developmental disabilities and their families in activities and choices that affect their lives and in designing services that reflect their unique needs, strengths, and cultural values; (10) promote positive images and public awareness of people with developmental disabilities and their families; (11) certify services that are paid for by the Department; and (12) establish a procedure for investigation and resolution of complaints regarding the availability, quality, and responsiveness of services provided throughout the State. (Added 1995, No. 174 (Adj. Sess.), § 1; amended 2005, No. 174 (Adj. Sess.), § 46; 2013, No. 140 (Adj. Sess.), § 1.)
18 V.S.A. § 8725
2021 Vermont Statutes|Title 18 - Health|Chapter 204A - Development Disabilities Act|§ 8725. System of care plan

§ 8725. System of care plan|(a) Every three years, the Department shall adopt a plan for the nature, extent, allocation, and timing of services consistent with the principles of service set forth in section 8724 of this title that will be provided to people with developmental disabilities and their families. Each plan shall include the following categories, which shall be adopted by rule pursuant to 3 V.S.A. chapter 25:  (1) priorities for continuation of existing programs or development of new programs; (2) criteria for receiving services or funding; (3) type of services provided; and (4) a process for evaluating and assessing the success of programs.   (b)(1) The Commissioner shall determine plan priorities based upon:   (A) information obtained from people with developmental disabilities, their families, guardians, and people who provide the services; (B) a comprehensive needs assessment that includes:  (i) demographic information about people with developmental disabilities; (ii) information about existing services used by individuals and their families; (iii) characteristics of unserved and underserved individuals and populations; and (iv) the reasons for these gaps in service, and the varying community needs and resources.   (2) Once the plan priorities are determined, the Commissioner shall consider funds available to the Department in allocating resources.   (c) No later than 60 days before adopting the proposed plan, the Commissioner shall submit it to the Advisory Board established in section 8733 of this title, for advice and recommendations, except that the Commissioner shall submit those categories within the plan subject to 3 V.S.A. chapter 25 to the Advisory Board at least 30 days prior to filing the proposed plan in accordance with the Vermont Administrative Procedure Act. The Advisory Board shall provide the Commissioner with written comments on the proposed plan. It may also submit public comments pursuant to 3 V.S.A. chapter 25.(d) The Commissioner may make annual revisions to the plan as deemed necessary in accordance with the process set forth in this section. The Commissioner shall submit any proposed revisions to the Advisory Board established in section 8733 of this title for comment within the time frame established by subsection (c) of this section.(e) Notwithstanding 2 V.S.A. § 20(d), on or before January 15 of each year, the Department shall report to the Governor and the committees of jurisdiction regarding implementation of the plan, the extent to which the principles of service set forth in section 8724 of this title are achieved, and whether people with a developmental disability have any unmet service needs, including the number of people on waiting lists for developmental services. (Added 1995, No. 174 (Adj. Sess.), § 1; amended 2013, No. 140 (Adj. Sess.), § 1.)
18 V.S.A. § 8726
2021 Vermont Statutes|Title 18 - Health|Chapter 204A - Development Disabilities Act|§ 8726. Application for services; rules

§ 8726. Application for services; rules|(a) No later than January 1, 1997, the department shall adopt rules that include the following:  (1) Criteria for determining whether an applicant is a person with a developmental disability. (2) A format and procedures, for processing applications for services, including time frames, emergency procedures, and notice of determination. (3) Procedures and time frames for periodic reviews of a person's eligibility and continuing need for services. (4) Standards and procedures for billing. (5) Complaints and appeals, including notice as required in section 8727 of this title.   (b) No later than July 1, 1997, the department shall adopt rules that include the following:  (1) Certification standards and procedures for programs for people with developmental disabilities. (2) Training standards for staff. (3) Standards for training and supervision of personnel who perform special care procedures.   (c) Any person with a developmental disability or a family of a person with a disability shall be provided with:  (1) Timely information and referral to community and governmental resources. (2) An opportunity to request services. (3) Upon request, an assessment of the most appropriate supports and resources for their needs and choices. (4) Services and funding within the department's available resources in accordance with both the system of care plan and the person's or family's written plan of service.   (d) Any person with a developmental disability or a family who is receiving services on July 1, 1996, shall continue to receive services consistent with their needs and the system of care plan. (Added 1995, No. 174 (Adj. Sess.), § 1.)
18 V.S.A. § 8728
2021 Vermont Statutes|Title 18 - Health|Chapter 204A - Development Disabilities Act|§ 8728. Rights of recipients

§ 8728. Rights of recipients|(a) Every person with a developmental disability who receives services has the right to:  (1) Be free from aversive procedures, devices, and treatments. (2) Privacy, dignity, confidentiality, and humane care. (3) Associate with individuals of both genders. (4) Communicate in private by mail and telephone. (5) Communicate in his or her primary language and primary mode of communication. (6) Be free from retaliation for making a complaint, voicing a grievance, recommending changes in policies, or exercising a legal right. (7) Maintain contact with family, unless contact has been restricted by court order. (8) Refuse or terminate services, except where services are required by court order. (9) Have access to, read, and challenge any information contained in any records about the person that are maintained by the Department or any agency or program funded by the Department and to file a written statement in the record regarding any portion of the record with which the person disagrees.   (b) Every family that receives services has the right to:  (1) Receive services without relinquishing custody of a child or children, except when custody is terminated in accordance with Vermont law. (2) Privacy and confidentiality. (3) Communicate in the family's primary language and primary mode of communication. (4) Be free from retaliation for making a complaint, voicing a grievance, recommending a change in policy, or exercising a legal right.   (c) People committed to the care of the Commissioner pursuant to chapter 206, subchapter 3 of this title, relating to judicial proceedings, shall have all the rights provided by this section except when the Commissioner restricts those rights for reasons of safety, security, or treatment. (Added 1995, No. 174 (Adj. Sess.), § 1.)
18 V.S.A. § 8729
2021 Vermont Statutes|Title 18 - Health|Chapter 204A - Development Disabilities Act|§ 8729. Family support payments: tax exemption

§ 8729. Family support payments: tax exemption|Any payment to an eligible family for the support of a person with a developmental disability constitutes a State benefit and shall not be deemed to be income for the purposes of State taxation or of determining eligibility for any income-related State benefits, but may be included in household income for purposes of 32 V.S.A. chapter 154 as provided in section 6061 of that chapter. (Added 1995, No. 174 (Adj. Sess.), § 1; amended 2005, No. 185 (Adj. Sess.), § 13a.)
18 V.S.A. § 8730
2021 Vermont Statutes|Title 18 - Health|Chapter 204A - Development Disabilities Act|§ 8730. Service providers; certification

§ 8730. Service providers; certification|The Department shall adopt rules that provide for certification standards and procedures for programs for people with developmental disabilities funded by the Department. The Department shall not certify a program unless it adheres to the principles in section 8724 of this title and provides recipients with the rights in section 8728 of this title. (Added 1995, No. 174 (Adj. Sess.), § 1.)
18 V.S.A. § 8731
2021 Vermont Statutes|Title 18 - Health|Chapter 204A - Development Disabilities Act|§ 8731. Training

§ 8731. Training|(a) For the purposes of this section, "staff" means any person who receives compensation to provide services to one or more recipients and includes the person's supervisor. "Staff" does not include a family-directed respite worker.(b) The Department shall assure that all staff receive pre-service and in-service training consistent with the system of care plan. Family-directed respite staff shall receive pre-service and in-service training at the request of the family at no cost to the family. People with developmental disabilities and their families may participate in the training, including planning and delivery of that training.(c) The Department shall adopt rules for training standards that ensure that individual support staff understand the philosophy and values that underlie the services and that they acquire the skills necessary to implement the purposes and principles of this subchapter and to address the individual needs of the person or family for whom they provide services.(d) All staff and all family-directed respite workers shall be trained in the requirements of 33 V.S.A. chapter 69, relating to reports of abuse, neglect, and exploitation of elders or of adults who have a disability, and the requirements of 33 V.S.A. chapter 49, subchapter 2, relating to reports of suspected abuse or neglect of children. (Added 1995, No. 174 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 113.)
18 V.S.A. § 8732
2021 Vermont Statutes|Title 18 - Health|Chapter 204A - Development Disabilities Act|§ 8732. Special care needs

§ 8732. Special care needs|(a) For the purposes of this section, "special care procedure" means a procedure that is necessitated by a specific medical need that a person with a developmental disability would perform but for the person's disability, provided that, in the determination of the supervising registered nurse, the procedure may be performed safely by a trained special care provider.(b) The Department shall, with the approval of the Board of Nursing, adopt rules that establish standards for training and supervision of personnel who perform special care procedures for people with developmental disabilities. The rules shall include training requirements, competency testing, and requirements for nursing supervision. (Added 1995, No. 174 (Adj. Sess.), § 1.)
18 V.S.A. § 8733
2021 Vermont Statutes|Title 18 - Health|Chapter 204A - Development Disabilities Act|§ 8733. Advisory Board

§ 8733. Advisory Board|(a) The Advisory Board is created to advise the Department on the status and needs of people with developmental disabilities and their families. The Board shall also advise the Commissioner regarding the development of the system of care plan described in section 8725 of this title and recommend legislation, rules, policies, and standards to implement the system of care plan.(b) The Board shall consist of 15 members appointed by the Governor: five persons shall be recipients, five members shall be advocates that represent people with developmental disabilities, and five members shall be professionals with expertise in the area of developmental disabilities.(c) Members of the Board shall be appointed for staggered terms of three years, beginning April 1, and shall serve until a successor is appointed.(d) The Board shall elect a Chair from among its members. The Board shall meet at least annually at the time and place determined by the Chair, and at such other times and places as the Chair may determine to be necessary.(e) Members shall be entitled to reimbursement for necessary and actual expenses incurred in performance of their duties under this chapter. (Added 1995, No. 174 (Adj. Sess.), § 1.)
18 V.S.A. § 8820
2021 Vermont Statutes|Title 18 - Health|Chapter 206 - Care for Persons With Intellectual Disabilities|§ 8820. Purpose

§ 8820. Purpose|The purpose of this chapter is to establish procedures for determining appropriate care for persons with an intellectual disability in Vermont. (Added 1979, No. 167 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 114.)