reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 18 - Health › Chapter 197 - Mentally Ill Users of Alcohol or Drugs › § 8403. Length of treatment

§ 8403. Length of treatment
No drug addict may be admitted to a hospital for voluntary treatment for a period in excess of six months. If he or she is admitted by order of the Criminal Division of the Superior Court, the order shall specifically provide for a maximum of six months in the hospital. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1973, No. 52, § 1; 1977, No. 145 (Adj. Sess.), § 3; 1977, No. 208 (Adj. Sess.), § 6; 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 18 - Health › Chapter 197 - Mentally Ill Users of Alcohol or Drugs › § 8404. Conditional discharge

§ 8404. Conditional discharge
The Board of Mental Health, in its discretion, may grant a conditional discharge to a patient admitted under this chapter after the expiration of one month from the date of admission and may revoke any conditional discharge so granted. A revocation of a conditional discharge by the Board of Mental Health at any time prior to the expiration of the original term of hospitalization shall be sufficient warrant for the return of the patient to the hospital from which he or she was discharged, there to remain until a subsequent conditional discharge or the expiration of the full term from the date of the original admission. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 197 - Mentally Ill Users of Alcohol or Drugs › § 8405. Outside visits

§ 8405. Outside visits
In the discretion of the head of a hospital, a patient admitted under this chapter may be permitted to visit a specifically designated place for a period not to exceed five days and return to the same hospital. The visit may be allowed to see a dying relative, to attend the funeral of a relative, to obtain special medical services, to contact prospective employers, or for any compelling reason consistent with the welfare or rehabilitation of the patient. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)
2023 Vermont Statutes › Title 18 - Health › Chapter 204 - Sterilization › § 8705. Sterilization; policy

§ 8705. Sterilization; policy
(a) It is the policy of the State of Vermont to allow voluntary and involuntary sterilizations of adults with an intellectual disability under circumstances that will ensure that the best interests and rights of such persons are fully protected. In accordance with this policy, a person with an intellectual disability, as defined in 1 V.S.A. § 146, may not be sterilized without his or her consent unless there is a prior hearing in the Superior Court as provided in this chapter. A person with an intellectual disability under 18 years of age shall not be sterilized.
(b) Sterilization is defined to mean a surgical procedure, the purpose of which is to render an individual incapable of procreating. (Added 1981, No. 142 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 111; 2017, No. 113 (Adj. Sess.), § 102.)
2023 Vermont Statutes › Title 18 - Health › Chapter 204 - Sterilization › § 8706. Voluntary sterilization

§ 8706. Voluntary sterilization
Any person with an intellectual disability over the age of 18, who does not have a guardian with the power to consent to nonemergency surgery, may obtain a voluntary sterilization subject to all of the following preconditions:
(1) the person with an intellectual disability has freely, voluntarily, and without coercion personally requested a physician to perform a sterilization;
(2) the person with an intellectual disability has given informed consent to the sterilization in that:
(A) the physician has provided a complete explanation concerning:
(i) the nature and irreversible consequences of a sterilization procedure; and
(ii) the availability of alternative contraceptive measures;
(B) the physician is satisfied that the consent is based upon an understanding of that information and that before the operation is undertaken the physician personally obtains evidence of the person’s retention of that understanding, not less than 10 days following the original explanation;
(C) the consent is in writing and signed by the person with an intellectual disability;
(3) the person with an intellectual disability has been informed and is aware that his or her consent may be withdrawn at any time prior to the operation; and
(4) the physician has reviewed medical records and psychological assessments of the person with an intellectual disability. (Added 1981, No. 142 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 111.)
2023 Vermont Statutes › Title 18 - Health › Chapter 204 - Sterilization › § 8707. Competency to consent; procedure

§ 8707. Competency to consent; procedure
(a)(1) If the physician from whom the sterilization has been sought refuses to perform the sterilization because he or she is not satisfied that the person with an intellectual disability has the ability to give the informed consent required by section 8706 of this title, the person with an intellectual disability may file a petition in Superior Court for a determination of the person’s competency to consent to the sterilization.
(2) The petition shall set forth the information required by subdivisions 8709(b)(1)-(5) of this title.
(3) Upon filing of the petition, the court shall appoint a qualified developmental disabilities professional as defined in subdivision 8821(8) of this title to examine the person with an intellectual disability and present evidence to the court as to that person’s ability to give informed consent.
(4) The hearing shall be limited to a determination of the person with an intellectual disability’s competency to consent to a sterilization, and shall be conducted in accordance with sections 8709(c), 8710, and 8711(a) and (b) of this title.
(b)(1) If, after the hearing, the court determines on the basis of clear and convincing proof that the person with an intellectual disability is competent to consent and has given the required consent, it shall order that a voluntary sterilization may be performed.
(2) If the court determines that the person with an intellectual disability is not competent to give consent it shall inform the person that he or she has the right to petition the court for an involuntary sterilization pursuant to the requirements of section 8708 of this title. (Added 1981, No. 142 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 111.)
2023 Vermont Statutes › Title 18 - Health › Chapter 204 - Sterilization › § 8708. Involuntary sterilization

§ 8708. Involuntary sterilization
(a) Any sterilization sought on behalf of a person with an intellectual disability or requested by any person denied a voluntary sterilization by section 8707 of this title shall be considered an involuntary sterilization.
(b) Involuntary sterilizations may be performed only after a hearing in the Superior Court pursuant to sections 8709-8712 of this title. For the purposes of involuntary sterilization proceedings under this chapter, the person with an intellectual disability subject to a petition for sterilization shall be defined as the respondent. (Added 1981, No. 142 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 111.)
2023 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 interests 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; 2023, No. 6, § 209, eff. July 1, 2023.)
2023 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.)
2023 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.)
2023 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 after 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; amended 2023, No. 6, § 211, eff. July 1, 2023.)
2023 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 that 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.)
2023 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.)
2023 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 that 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.)
2023 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.)
2023 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.)
2023 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.
(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) Not 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. The Advisory Board shall provide the Commissioner with written comments on the proposed plan.
(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 February 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.
(f) If the Department requires an extension to complete the system of care plan, it shall submit a written request indicating the anticipated completion date to the House Committee on Human Services and to the Senate Committee on Health and Welfare at least two months prior to the expiration of the existing system of care plan. The request for an extension may be granted upon the approval of both the Chairs of the House Committee on Human Services and the Senate Committee on Health and Welfare. (Added 1995, No. 174 (Adj. Sess.), § 1; amended 2013, No. 140 (Adj. Sess.), § 1; 2021, No. 186 (Adj. Sess.), § 2, eff. June 9, 2022; 2023, No. 78, § E.329, eff. July 1, 2023.)
2023 Vermont Statutes › Title 18 - Health › Chapter 204A - Development Disabilities Act › § 8726. Application for services; rules

§ 8726. Application for services; rules
(a) 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) 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; amended 2023, No. 6, § 213, eff. July 1, 2023.)
2023 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.)
2023 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.)
2023 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.)
2023 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 ensure 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; 2023, No. 6, § 216, eff. July 1, 2023.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 that 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 after 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; 2023, No. 6, § 217, eff. July 1, 2023.)
2023 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.)
2023 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.)
2023 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 General Assembly 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 that 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; 2023, No. 6, § 218, eff. July 1, 2023.)
2023 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 that 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 that 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.)
2023 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.)
2023 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 that 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.)
2023 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 that 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)