reglab/housing_qa huggingface dataset:
18 V.S.A. § 8839
2021 Vermont Statutes|Title 18 - Health|Chapter 206 - Care for Persons With Intellectual Disabilities|§ 8839. Definitions

§ 8839. Definitions|As used in this subchapter:  (1) "Danger of harm to others" means the person has inflicted or attempted to inflict serious bodily injury to another or has committed an act that would constitute a sexual assault or lewd or lascivious conduct with a child. (2) "Designated program" means a program designated by the Commissioner as adequate to provide in an individual manner appropriate custody, care, and habilitation to persons with intellectual disabilities receiving services under this subchapter. (3) "Person in need of custody, care, and habilitation" means:  (A) a person with an intellectual disability, which means significantly subaverage intellectual functioning existing concurrently with deficits in adaptive behavior that were manifest before 18 years of age; (B) who presents a danger of harm to others; and (C) for whom appropriate custody, care, and habilitation can be provided by the Commissioner in a designated program. (Added 1987, No. 248 (Adj. Sess.), § 9; amended 2013, No. 96 (Adj. Sess.), § 114; 2013, No. 158 (Adj. Sess.), § 11, eff. July 1, 2017; 2015, No. 23, § 66; 2015, No. 97 (Adj. Sess.), § 51; 2017, No. 113 (Adj. Sess.), § 103.)
18 V.S.A. § 8840
2021 Vermont Statutes|Title 18 - Health|Chapter 206 - Care for Persons With Intellectual Disabilities|§ 8840. Jurisdiction and venue

§ 8840. Jurisdiction and venue|Proceedings brought under this subchapter for commitment to the Commissioner for custody, care, and habilitation shall be commenced by petition in the Family Division of the Superior Court for the unit in which the respondent resides. (Added 1987, No. 248 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 238; 2019, No. 77, § 21, eff. June 19, 2019.)
18 V.S.A. § 8841
2021 Vermont Statutes|Title 18 - Health|Chapter 206 - Care for Persons With Intellectual Disabilities|§ 8841. Petition; procedures

§ 8841. Petition; procedures|The filing of the petition and procedures for initiating a hearing shall be as provided in sections 8822-8826 of this title. (Added 1987, No. 248 (Adj. Sess.), § 9.)
18 V.S.A. § 8842
2021 Vermont Statutes|Title 18 - Health|Chapter 206 - Care for Persons With Intellectual Disabilities|§ 8842. Hearing

§ 8842. Hearing|Hearings under this subchapter for commitment shall be conducted in accordance with section 8827 of this title. (Added 1987, No. 248 (Adj. Sess.), § 9.)
18 V.S.A. § 8843
2021 Vermont Statutes|Title 18 - Health|Chapter 206 - Care for Persons With Intellectual Disabilities|§ 8843. Findings and order

§ 8843. Findings and order|(a) In all cases, the court shall make specific findings of fact and state its conclusions of law.(b) If the court finds that the respondent is not a person in need of custody, care, and habilitation, it shall dismiss the petition.(c) If the court finds that the respondent is a person in need of custody, care, and habilitation, it shall order the respondent committed to the custody of the Commissioner for placement in a designated program in the least restrictive environment consistent with the respondent's need for custody, care, and habilitation for an indefinite or a limited period. (Added 1987, No. 248 (Adj. Sess.), § 9.)
18 V.S.A. § 8844
2021 Vermont Statutes|Title 18 - Health|Chapter 206 - Care for Persons With Intellectual Disabilities|§ 8844. Legal competence

§ 8844. Legal competence|No determination that a person is in need of custody, care, and habilitation and no order authorizing commitment shall lead to a presumption of legal incompetence. (Added 1987, No. 248 (Adj. Sess.), § 9.)
18 V.S.A. § 8845
2021 Vermont Statutes|Title 18 - Health|Chapter 206 - Care for Persons With Intellectual Disabilities|§ 8845. Judicial review

§ 8845. Judicial review|(a) A person committed under this subchapter may be discharged from custody by a Superior judge after judicial review as provided herein or by administrative order of the Commissioner.(b) Procedures for judicial review of persons committed under this subchapter shall be as provided in section 8834 of this title, except that proceedings shall be brought in the Criminal Division of the Superior Court in the unit in which the person resides or, if the person resides out of state, in the unit which issued the original commitment order.(c) A person committed under this subchapter shall be entitled to a judicial review annually. If no such review is requested by the person, it shall be initiated by the Commissioner. However, such person may initiate a judicial review under this subsection after 90 days of initial commitment but before the end of the first year of the commitment.(d) If at the completion of the hearing and consideration of the record, the court finds at the time of the hearing that the person is still in need of custody, care, and habilitation, commitment shall continue for an indefinite or limited period. If the court finds at the time of the hearing that the person is no longer in need of custody, care, and habilitation, it shall discharge the person from the custody of the Commissioner. An order of discharge may be conditional or absolute and may have immediate or delayed effect. (Added 1987, No. 248 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 152.)
18 V.S.A. § 8846
2021 Vermont Statutes|Title 18 - Health|Chapter 206 - Care for Persons With Intellectual Disabilities|§ 8846. Right to counsel

§ 8846. Right to counsel|Persons subject to commitment or judicial review under this subchapter shall have a right to counsel as provided in section 7111 of this title. (Added 1987, No. 248 (Adj. Sess.), § 9.)
18 V.S.A. § 8901
2021 Vermont Statutes|Title 18 - Health|Chapter 207 - Community Mental Health and Developmental Services|§ 8901. Purpose

§ 8901. Purpose|The purpose of this chapter is to expand community mental health and developmental disability services; to encourage participation in such a program by persons in local communities; to obtain better understanding of the need for community mental health and developmental services; to authorize funding for the program by State aid, local financial support, and direct payment by people who receive services who have the ability to pay; and to provide services to persons with a mental condition or psychiatric disability, persons with a developmental disability, and children or adolescents with a severe emotional disturbance. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1979, No. 108 (Adj. Sess.), § 1; 1987, No. 264 (Adj. Sess.), § 10; 2005, No. 174 (Adj. Sess.), § 47; 2013, No. 96 (Adj. Sess.), § 115.)
18 V.S.A. § 8907
2021 Vermont Statutes|Title 18 - Health|Chapter 207 - Community Mental Health and Developmental Services|§ 8907. Designation of agencies to provide mental health and developmental disability services

§ 8907. Designation of agencies to provide mental health and developmental disability services|(a) Except as otherwise provided in this chapter, the Commissioners of Mental Health and of Disabilities, Aging, and Independent Living shall, within the limits of funds designated by the Legislature for this purpose, ensure that community services to persons with a mental condition or psychiatric disability and persons with a developmental disability throughout the State are provided through designated community mental health agencies. The Commissioners shall designate public or private nonprofit agencies to provide or arrange for the provision of these services.(b) Within the limits of available resources, each designated community mental health or developmental disability agency shall plan, develop, and provide or otherwise arrange for those community mental health or developmental disability services that are not assigned by law to the exclusive jurisdiction of another agency and which are needed by and not otherwise available to persons with a mental condition or psychiatric disability or a developmental disability or children and adolescents with a severe emotional disturbance in accordance with the provisions of 33 V.S.A. chapter 43 who reside within the geographic area served by the agency. (Added 1979, No. 108 (Adj. Sess.), § 2; amended 1987, No. 264 (Adj. Sess.), § 11; 2005, No. 174 (Adj. Sess.), § 47; 2007, No. 15, § 15; 2013, No. 96 (Adj. Sess.), § 115.)
18 V.S.A. § 8908
2021 Vermont Statutes|Title 18 - Health|Chapter 207 - Community Mental Health and Developmental Services|§ 8908. Local community services plan

§ 8908. Local community services plan|Each designated community mental health and developmental disability agency shall determine the need for community mental health and developmental disability services within the area served by the agency and shall thereafter prepare a local community services plan which describes the methods by which the agency will provide those services. The plan shall include a schedule for the anticipated provision of new or additional services and shall specify the resources which are needed by and available to the agency to implement the plan. The community services plan shall be reviewed annually. (Added 1979, No. 108 (Adj. Sess.), § 3; amended 2005, No. 174 (Adj. Sess.), § 47.)
18 V.S.A. § 8910
2021 Vermont Statutes|Title 18 - Health|Chapter 207 - Community Mental Health and Developmental Services|§ 8910. State aid; fees

§ 8910. State aid; fees|(a) Upon application to the Commissioner by a designated community mental health and developmental disability agency, the Commissioner of the appropriate Department may grant to the agency funds to be used for carrying out its mental health and developmental disability services. Such grant of funds shall be based on a program plan and program budget developed by the agency and submitted to and approved by the Commissioner or Commissioners. The budget plan must indicate cost per unit of service and anticipated fees for services and must represent a balanced plan of anticipated receipts and expenditures.(b) No State funds shall be distributed to a community mental health agency unless the Commissioner determines that the agency has a reasonable cost per service unit and has established a uniform and reasonable schedule of fees for services provided to those persons who can afford to pay. A policy statement regarding fees, instructions for payment of fees, and fee collection procedures to be used by the agency shall be prepared and updated annually.(c) Nothing in this section should be interpreted to preclude anyone from receiving the services of the agencies due to inability to pay nor to preclude an agency from bringing an action as provided by law to recover fees due. (Added 1979, No. 108 (Adj. Sess.), § 5; amended 2005, No. 174 (Adj. Sess.), § 47.)
18 V.S.A. § 8912
2021 Vermont Statutes|Title 18 - Health|Chapter 207 - Community Mental Health and Developmental Services|§ 8912. Contracts with nondesignated agencies

§ 8912. Contracts with nondesignated agencies|The Commissioners may enter into agreements with local community mental health and developmental disability agencies or with any public or private agency for the purpose of establishing specialized services which are needed by persons with a mental condition or psychiatric disability or with developmental disabilities or children and adolescents with a severe emotional disturbance and are not available from designated community mental health agencies. (Added 1979, No. 108 (Adj. Sess.), § 7; amended 1987, No. 264 (Adj. Sess.), § 14; 2005, No. 174 (Adj. Sess.), § 47; 2013, No. 96 (Adj. Sess.), § 115.)
18 V.S.A. § 8913
2021 Vermont Statutes|Title 18 - Health|Chapter 207 - Community Mental Health and Developmental Services|§ 8913. Minimum program standards and other regulations

§ 8913. Minimum program standards and other regulations|(a) The Commissioners shall establish minimum program standards for services provided by community mental health and developmental disability agencies. Minimum program standards shall specify the basic activities and resources which are necessary for the implementation of such programs.(b) The procedure for establishing such standards shall be in accordance with 3 V.S.A. chapter 25. (Added 1979, No. 108 (Adj. Sess.), § 8; amended 2005, No. 174 (Adj. Sess.), § 47.)
18 V.S.A. § 8914
2021 Vermont Statutes|Title 18 - Health|Chapter 207 - Community Mental Health and Developmental Services|§ 8914. Rates of payments to designated and specialized service agencies

§ 8914. Rates of payments to designated and specialized service agencies|(a) The Secretary of Human Services shall have sole responsibility for establishing the Departments of Health's, of Mental Health's, and of Disabilities, Aging, and Independent Living's rates of payments for designated and specialized service agencies that are reasonable and adequate to achieve the required outcomes for designated populations. When establishing rates of payment for designated and specialized service agencies, the Secretary shall adjust rates to take into account factors that include:  (1) the reasonable cost of any governmental mandate that has been enacted, adopted, or imposed by any State or federal authority; and (2) a cost adjustment factor to reflect changes in reasonable costs of goods and services of designated and specialized service agencies, including those attributed to inflation and labor market dynamics.   (b) When establishing rates of payment for designated and specialized service agencies, the Secretary may consider geographic differences in wages, benefits, housing, and real estate costs in each region of the State. (Added 2017, No. 82, § 11, eff. June 15, 2017.)
18 V.S.A. § 9001
2021 Vermont Statutes|Title 18 - Health|Chapter 209 - Interstate Compact on Mental Health|§ 9001. Purpose- Article I

§ 9001. Purpose- Article I|The party states find that the proper and expeditious treatment of the mentally ill and developmentally disabled can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and developmentally disabled under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 48.)
18 V.S.A. § 9002
2021 Vermont Statutes|Title 18 - Health|Chapter 209 - Interstate Compact on Mental Health|§ 9002. Definitions- Article II

§ 9002. Definitions- Article II|As used in this compact:  (a) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent. (b) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent. (c) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or developmental disability. (d) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact. (e) "Aftercare" shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release. (f) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his or her own welfare, or the welfare of others, or of the community. (g) "State" shall mean any state, territory or possession of the United States, the District of Columbia, and the commonwealth of Puerto Rico. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 48.)
18 V.S.A. § 9003
2021 Vermont Statutes|Title 18 - Health|Chapter 209 - Interstate Compact on Mental Health|§ 9003. Institutionalization of patients- Article III

§ 9003. Institutionalization of patients- Article III|(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or developmental disability, he or she shall be eligible for care and treatment in an institution in that state irrespective of his or her residence, settlement, or citizenship qualifications.(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he or she would be taken if he or she were a local patient.(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 48.)
18 V.S.A. § 9004
2021 Vermont Statutes|Title 18 - Health|Chapter 209 - Interstate Compact on Mental Health|§ 9004. Aftercare and supervision- Article IV

§ 9004. Aftercare and supervision- Article IV|(a) Whenever pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient and such other documents as may be pertinent.(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state.(c) In supervising, treating, or caring for a patient on aftercare pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
18 V.S.A. § 9005
2021 Vermont Statutes|Title 18 - Health|Chapter 209 - Interstate Compact on Mental Health|§ 9005. Escape of patients- Article V

§ 9005. Escape of patients- Article V|Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he or she shall be detained in the state where found pending disposition in accordance with law. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
18 V.S.A. § 9006
2021 Vermont Statutes|Title 18 - Health|Chapter 209 - Interstate Compact on Mental Health|§ 9006. Transportation- Article VI

§ 9006. Transportation- Article VI|The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
18 V.S.A. § 9007
2021 Vermont Statutes|Title 18 - Health|Chapter 209 - Interstate Compact on Mental Health|§ 9007. Costs-  Article VII

§ 9007. Costs-  Article VII|(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies, and officers of and in the government of a party state or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or developmentally disabled, or any statutory authority pursuant to which such agreements may be made. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 257 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 48.)