reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3603. Establishment of collective bargaining

§ 3603. Establishment of collective bargaining
(a) Early care and education providers, through their exclusive representative, shall have the right to bargain collectively with the State through the Governor’s designee.
(b)(1) Mandatory subjects of bargaining are limited to:
(A) child care subsidy reimbursement rates and payment procedures, excluding quality standards and payment schedules associated with the STep Ahead Recognition System (STARS);
(B) professional development;
(C) the collection of dues and disbursement to the exclusive representative;
(E) procedures for resolving grievances.
(2) The parties may also negotiate on any mutually agreed matters that are not in conflict with State or federal law.
(D) agency fees and disbursement to the exclusive representative; and
(c) The State, acting through the Governor’s designee, shall meet with the exclusive representative for the purpose of entering into a written agreement.
(d) Early care and education providers shall be considered employees, and the State shall be considered the employer, solely for the purpose of collective bargaining under this chapter. Early care and education providers shall be considered State employees for purposes of collective bargaining. Early care and education providers shall not be considered State employees for any other reason, including for purposes of vicarious liability in tort, unemployment compensation, or workers’ compensation. Early care and education providers shall not be eligible for participation in the State Employees Retirement System or the health insurance plans available to Executive Branch employees solely by virtue of bargaining under this chapter.
(e) An early care and education providers’ organization shall not charge the agency fee unless it has established and maintained a procedure to provide nonmembers with:
(1) an audited financial statement that identifies the major categories of expenses and divides them into chargeable and nonchargeable expenses;
(2) an opportunity to object to the amount of the agency fee sought, and to place in escrow any amount reasonably in dispute; and
(3) prompt arbitration by the Vermont Labor Board to resolve any objections over the agency fee.
(f) Agency fees, if successfully bargained, shall be based on the proportionate amount of subsidies an early care and education provider receives. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3604. Rights of early care and education providers

§ 3604. Rights of early care and education providers
Early care and education providers shall have the right to:
(1) organize, form, join, or assist any union or labor organization for the purpose of collective bargaining without any interference, restraint, or coercion;
(2) bargain collectively through a representative of their own choice;
(3) engage in concerted activities for the purpose of supporting or engaging in collective bargaining;
(4) pursue grievances through the exclusive representative as negotiated pursuant to this chapter; and
(5) refrain from any or all such activities. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3605. Rights of the State

§ 3605. Rights of the State
Nothing in this chapter shall be construed to interfere with the right of the State to:
(1) carry out the statutory mandate and goals of the Agency of Human Services and to use personnel, methods, and means in the most appropriate manner possible;
(2) with the approval of the Governor, take whatever action may be necessary to carry out the mission of the Agency of Human Services in an emergency situation;
(3) comply with federal and State laws, rules, and regulations regarding child care and child care subsidies;
(4) enforce child care rules and regulatory processes, including rules regarding the qualifications of early care and education providers and the prevention of abuse in connection with the provisions of child care services;
(5) develop child care rules and regulatory processes subject to the rulemaking authority of the General Assembly and the Human Services Board;
(6) establish and administer quality standards under the STep Ahead Recognition System;
(7) solicit and accept for use any grant of money, services, or property from the federal government, the State, or any political subdivision or agency of the State, including federal matching funds, and to cooperate with the federal government or any political subdivision or agency of the State in making an application for any grant; and
(8) refuse to take any action that would diminish the quantity or quality of child care provided under existing law. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014; amended 2021, No. 20, § 322.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3606. Bargaining unit

§ 3606. Bargaining unit
(a) The bargaining unit shall be composed of licensed home child care providers, registered home child care providers, and legally exempt child care providers, as defined in this chapter, who have an agreement with the Department to accept a subsidy.
(b) Early care and education providers may select an exclusive representative for the purpose of collective bargaining by using the procedures in sections 3607 and 3608 of this chapter.
(c) The exclusive representative of the early care and education providers is required to represent all of the providers in the unit without regard to membership in the union. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3607. Petitions for election; filing; investigations; hearings; determinations

§ 3607. Petitions for election; filing; investigations; hearings; determinations
(a) A petition may be filed with the Board in accordance with rules prescribed by the Board:
(1) By an early care and education provider or group of providers or any individual or labor organization acting on the providers’ behalf:
(A) alleging that not less than 30 percent of the providers in the petitioned bargaining unit wish to be represented for collective bargaining and that the State declines to recognize their representative as the representative defined in this chapter; or
(B) asserting that the labor organization that has been certified as the bargaining representative no longer represents a majority of early care and education providers.
(2) By the State alleging that one or more individuals or labor organizations have presented a claim to be recognized as the exclusive representative defined in this chapter.
(b) The Board shall investigate the petition and, if it has reasonable cause to believe that a question concerning representation exists, shall conduct a hearing. The hearing shall be held before the Board, a member of the Board, or its agents appointed for that purpose upon due notice. Written notice of the hearing shall be mailed by certified mail to the parties named in the petition not less than seven days before the hearing. If the Board finds upon the record of the hearing that a question of representation exists, it shall conduct an election by secret ballot and certify to the parties, in writing, the results of the election.
(c) In determining whether or not a question of representation exists, the Board shall apply the same rules of decision making regardless of the identity of the persons filing the petition or the kind of relief sought.
(d) Nothing in this chapter prohibits the waiving of hearings by stipulation for a consent election in conformity with rules of the Board.
(e) For the purposes of this chapter, the State may voluntarily recognize the exclusive representative of a unit of early care and education providers if the labor organization demonstrates that it has the support of a majority of the providers in the unit it seeks to represent and no other employee organization seeks to represent the providers. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014; amended 2021, No. 20, § 323.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3608. Election; runoff elections

§ 3608. Election; runoff elections
(a) If a question of representation exists, the Board shall conduct a secret ballot election to determine the exclusive representative of the unit of early care and education providers. The original ballot shall be prepared to permit a vote against representation by anyone named on the ballot. The labor organization receiving a majority of votes cast shall be certified by the Board as the exclusive representative of the unit of early care and education providers. In any election in which there are three or more choices, including the choice of “no union,” and none of the choices on the ballot receives a majority, a runoff election shall be conducted by the Board. The ballot shall provide for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election.
(b) An election shall not be directed if in the preceding 12 months a valid election has been held. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3609. Powers of representatives

§ 3609. Powers of representatives
The exclusive representative shall be the exclusive representative of all the early care and education providers in the unit for the purposes of collective bargaining and the resolution of grievances. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3610. Negotiated agreement; funding

§ 3610. Negotiated agreement; funding
(a) If the State and the exclusive representative reach an agreement, the Governor shall request from the General Assembly an appropriation sufficient to fund the agreement in the next operating budget. If the General Assembly appropriates sufficient funds, the negotiated agreement shall become effective and binding at the beginning of the next fiscal year. If the General Assembly appropriates a different amount of funds, the terms of the agreement affected by that appropriation shall be renegotiated based on the amount of funds actually appropriated by the General Assembly and shall become effective and legally binding in the next fiscal year.
(b) Collective bargaining agreements shall be for a maximum term of two years and shall not be subject to cancellation or renegotiation during the term except with the mutual consent in writing of both parties, which consent shall be filed with the Board. Upon the filing of such consent, an agreement may be supplemented, cancelled, or renegotiated.
(c) The agreement shall terminate at the expiration of its specified term. Negotiations for a new agreement shall be commenced, upon the request of either party, at any time within one year before the expiration date of the current agreement. The parties may mutually agree to commence negotiations for a new collective bargaining agreement more than one year before the expiration date of the current agreement.
(d) In the event the State of Vermont and the collective bargaining unit are unable to arrive at an agreement and there is not an existing agreement in effect, the existing contract shall remain in force until a new contract is ratified by the parties. However, nothing in this subsection shall prohibit the parties from agreeing to a modification of certain provisions of the existing contract that, as amended, shall remain in effect until a new contract is finalized and funded by the General Assembly.
(e) The Board is authorized to enforce compliance with all provisions of a collective bargaining agreement upon complaint of either party. In the event a complaint is made by either party to an agreement, the Board shall proceed in the manner prescribed in section 3612 of this chapter relating to the prevention of unfair labor practices. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014; amended 2021, No. 20, § 324.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3612. General duties and prohibited conduct

§ 3612. General duties and prohibited conduct
(a) The State and all early care and education providers and their representatives shall exert every reasonable effort to make and maintain agreements concerning matters allowable under this chapter and to settle all disputes, whether arising out of the application of those agreements or growing out of any disputes concerning those agreements. However, this obligation does not compel either party to agree to a proposal or make a concession.
(b) It shall be an unfair labor practice for the State to:
(1) interfere with, restrain, or coerce early care and education providers in the exercise of their rights under this chapter or by any other law, rule, or regulation;
(2) dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it;
(3) discriminate against an early care and education provider because of the provider’s affiliation with a labor organization or because a provider has filed charges or complaints or has given testimony under this chapter;
(4) discriminate against an early care and education provider because the provider has taken actions such as signing a petition, grievance, or affidavit that demonstrates the provider’s support for a labor organization;
(5) refuse to bargain collectively in good faith with the exclusive representative;
(6) discriminate against an early care and education provider based on race, color, religion, ancestry, age, sex, sexual orientation, gender identity, national origin, place of birth, or marital status, or against a qualified disabled individual; or
(7) request or require an early care and education provider to have an HIV-related blood test or discriminate against a provider on the basis of HIV status of the provider.
(c) It shall be an unfair labor practice for the exclusive representative to:
(1) Restrain or coerce early care and education providers in the exercise of the rights guaranteed to them under this chapter or by law, rule, or regulation. However, a labor organization may prescribe its own rules with respect to the acquisition or retention of membership, provided such rules are not discriminatory.
(2) Cause or attempt to cause the State to discriminate against an early care and education provider or to discriminate against a provider.
(3) Refuse to bargain collectively in good faith with the State.
(4) Threaten to or cause a provider to strike or curtail the provider’s services in recognition of a picket line of any employee or labor organization.
(d) Early care and education providers shall not strike or curtail their services for which they receive State payment in recognition of a picket line of any employee or labor organization.
(e) Complaints related to this section shall be made and resolved in accordance with procedures set forth in 3 V.S.A. § 965. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3613. Antitrust exemption

§ 3613. Antitrust exemption
The activities of early care and education providers and their exclusive representatives that are necessary for the exercise of their rights under this chapter shall be afforded State action immunity under applicable federal and State antitrust laws. The State intends that the “State action” exemption to federal antitrust laws be available only to the State, to early care and education providers, and to their exclusive representative in connection with these necessary activities. Exempt activities shall be actively supervised by the State. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3614. Rights unaltered

§ 3614. Rights unaltered
(a) This chapter does not alter or infringe upon the rights of:
(1) a parent or legal guardian to select and discontinue child care services of any early care and education provider;
(2) an early care and education provider to choose, direct, and terminate the services of any employee that provides care in that home; or
(3) the Judiciary and General Assembly to make programmatic modifications to the delivery of State services through child care subsidy programs, including standards of eligibility for families, legal guardians, and providers participating in child care subsidy programs, and to the nature of services provided.
(b) Nothing in this chapter shall affect the rights and obligations of private sector employers and employees under the National Labor Relations Act, 29 U.S.C. §§ 151-169, or the Vermont State Labor Relations Act, 21 V.S.A. §§ 1501-1624. The terms and conditions of employment with individual early care and education providers, which are the subjects of traditional collective bargaining between employers and their employees and which are governed by federal laws, fall outside the limited scope of bargaining defined in this chapter. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3615. Rules

§ 3615. Rules
The Board shall make and may amend, rescind, and adopt such rules consistent with this chapter as may be necessary to carry out the provisions of this chapter. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014; amended 2021, No. 20, § 325.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3616. Appeal

§ 3616. Appeal
(a) Any person aggrieved by an order or decision of the Board issued under the authority of this chapter may appeal on questions of law to the Supreme Court.
(b) An order of the Board shall not automatically be stayed pending appeal. A stay must first be requested from the Board. The Board may stay the order or any part of it. If the Board denies a stay, then a stay may be requested from the Supreme Court. The Supreme Court or a single Justice may stay the order or any part of it and may order additional interim relief. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3617. Enforcement

§ 3617. Enforcement
(a) Orders of the Board issued under this chapter may be enforced by any party or by the Board by filing a petition with the Civil Division of the Superior Court of Washington County or in the Civil Division of the Superior Court in the county in which the action before the Board originated. The petition shall be served on the adverse party as provided for service of process under the Vermont Rules of Civil Procedure. If, after hearing, the Court determines that the Board had jurisdiction over the matter and that a timely appeal was not filed or that an appeal was timely filed and a stay of the Board order or any part of it was not granted or that a Board order was affirmed on appeal in pertinent part by the Supreme Court, the Court shall incorporate the order of the Board as a judgment of the Court. There is no appeal from that judgment except that a judgment reversing a Board decision on jurisdiction may be appealed to the Supreme Court.
(b) Upon filing of a petition by a party or the Board, the Court may grant such temporary relief, including a restraining order, as it deems proper pending formal hearing.
(c) Orders and decisions of the Board shall apply only to the particular case under appeal, but any number of appeals presenting similar issues may be consolidated for hearing with the consent of the Board. The Board shall not modify, add to, or detract from a collective bargaining agreement by any order or decision. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3618. Automatic membership dues deduction

§ 3618. Automatic membership dues deduction
Early care and education providers who are members of the labor organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an early care and education provider, the State shall, as soon as practicable and in any event, not later than 30 calendar days after receiving the authorization, commence withholding from the subsidies paid to the early care and education provider the amount of membership dues certified by the labor organization. The State shall transmit the amount withheld to the labor organization on the same day as the subsidies are paid to the early care and education provider. Nothing in this section shall be construed to require a member of a labor organization to participate in automatic dues deduction. (Added 2019, No. 180 (Adj. Sess.), § 9, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3619. Annual list of early care and education providers in bargaining unit

§ 3619. Annual list of early care and education providers in bargaining unit
(a) Annually, or on a more frequent basis if mutually agreed to by the State and the exclusive representative, the State shall provide the exclusive representative with a list of all providers in that bargaining unit.
(b) The list shall include, as appropriate, each early care and education provider’s name, work location, job classification, and contact information. As used in this section, “contact information” includes a provider’s home address, personal e-mail address, and home and personal cellular telephone numbers to the extent that the State is in possession of such information.
(c) To the extent possible, the list shall be in alphabetical order by last name and provided in electronic format.
(d) The list shall be kept confidential by the State and the exclusive representative and shall be exempt from copying and inspection under the Public Records Act. (Added 2019, No. 180 (Adj. Sess.), § 19, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 37 - Parent Child Center Network › § 3702. Funding

§ 3702. Funding
(a) The Secretary of Human Services shall disperse a joint allocation for all parent child center services to the Parent Child Center Network, which shall distribute funding to each authorized parent child center.
(b) The Agency shall consult with the Parent Child Center Network to develop appropriate measures and methods of accountability for authorized members of the Network. The Network and authorized parent child centers shall provide any previously agreed upon information to enable the Secretary to evaluate the services provided through grant funds, the effect of services on consumers, and an accounting of the expenditure of grant funds. (Added 2021, No. 150 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 39 - Enforcement of Support › § 3901. Definitions

§ 3901. Definitions
As used in this chapter:
(1) “Order of support” means any judgment or order for the support of dependent children issued by any court of the State of Vermont or another state or an order under an administrative proceeding of another state, including an order in a final decree of divorce.
(2) “Custodial parent” means any person with whom a dependent child actually resides, whether or not the parent is receiving public assistance benefits under chapter 11 of this title, or the Commissioner for Children and Families if the dependent child is under the care and control of that Department.
(3) “Department” means the Vermont Department for Children and Families.
(4) “Dependent child” means any child receiving assistance under chapter 11 of this title or any minor child for whose benefit the Office of Child Support has been authorized and requested to collect support.
(5) “Court” means the Family Division of the Superior Court.
(6) “Public assistance” means money payments furnished to or on behalf of dependent children by the Department.
(7) “Responsible parent” means the natural or adoptive parent or stepparent, to the extent the stepparent owes a duty of support under 15 V.S.A. § 296, of a dependent child. (Added 1977, No. 212 (Adj. Sess.), § 2; amended 1985, No. 63, § 16; 1989, No. 221 (Adj. Sess.), § 16, eff. Oct. 1, 1990; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 114; 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 39 - Enforcement of Support › § 3902. Assignment of support rights by public assistance recipients; proceedings to establish support obligation

§ 3902. Assignment of support rights by public assistance recipients; proceedings to establish support obligation
(a) As a condition of eligibility for public assistance, each applicant or recipient shall assign to the Department any right to support from a responsible parent that has accrued at the time of the assignment and that the applicant may have in the applicant’s own behalf or on behalf of any other family member for whom the applicant is applying or receiving assistance.
(b) An assignment in effect under this section shall be subject to the provisions of section 4106 of this title.
(c) Whenever a support obligation is in effect against a responsible parent for the benefit of a dependent child or a custodial parent, payments required under the support obligation shall be sent to the Office of Child Support upon notice to the responsible parent, without further order of the court. When an assignment is in effect pursuant to subsection (a) of this section, any amounts accrued under the support obligation as of the date of assignment, and any amount accruing while the assignment is in effect, shall be owing to and payable to the Department for Children and Families without further order of the court.
(d) An order of the court shall be effective on behalf of the assignee while any assignment is in effect, and on behalf of the dependent child and the custodial parent at all other times. The Office of Child Support shall, unless otherwise requested by the parent, act as agent for the parent and child to collect any amounts due from the responsible parent pursuant to the order after the assignment terminates and may, if required by the Social Security Act, deduct any costs incurred in collection.
(e) If a support order has been entered and the legal custodian and obligee relinquishes physical responsibility of the child to a caretaker without modifying the physical rights and responsibilities order, the Office of Child Support may change the payee of support upon the caretaker’s receipt of Reach Up family assistance from the Department for Children and Families. The obligor’s obligation under the support order to pay child support and medical support continues but shall be payable to the Office of Child Support upon the caretaker’s receipt of Reach Up family assistance and shall continue so long as the assignment is in effect. The Office of Child Support shall notify the obligor and obligee under the support order, by first-class mail at last known address, of the change of payee. (Added 1977, No. 212 (Adj. Sess.), § 2; amended 1985, No. 63 § 17; 1989, No. 221 (Adj. Sess.), § 17, eff. Oct. 1, 1990; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 159 (Adj. Sess.), § 10; 2005, No. 174 (Adj. Sess.), § 115; 2007, No. 185 (Adj. Sess.), § 8, eff. Jan. 1, 2009; 2021, No. 20, § 327.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 39 - Enforcement of Support › § 3903. Child support debt

§ 3903. Child support debt
(a) Except as otherwise provided in this section, any payment of Reach Up financial assistance made to or for the benefit of a dependent child creates a debt due and owing to the Department for Children and Families by any responsible parent in an amount equal to the amount of Reach Up financial assistance paid.
(b) Collection of child support debts shall be made as provided by this section and section 3902 of this title and by 15 V.S.A. chapter 11, subchapter 7. Regardless of the amount of Reach Up financial assistance paid, the court may limit the child support debt, taking into consideration the criteria of 15 V.S.A. § 659. The Department for Children and Families and the responsible parent may limit the child support debt by stipulation, which shall be enforceable on its terms unless it is modified. (Added 1979, No. 114 (Adj. Sess.); amended 1985, No. 63, § 19; 1989, No. 221 (Adj. Sess.), § 18, eff. Oct. 1, 1990; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 116; 2007, No. 185 (Adj. Sess.), § 9, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 39 - Enforcement of Support › § 3904. Distribution of proceeds

§ 3904. Distribution of proceeds
Any money received by the Department from, or on behalf of a responsible parent, shall be distributed and credited as required by Title IV of the Social Security Act. On request of a responsible parent, the Department shall render an accounting of how payments have been credited. (Added 1977, No. 212 (Adj. Sess.), § 2; amended 1985, No. 63, § 21.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 41 - Office of Child Support › § 4101. Office of Child Support; designation as IV-D agency; legislative purpose

§ 4101. Office of Child Support; designation as IV-D agency; legislative purpose
(a) The Office of Child Support in the Agency of Human Services shall be designated the IV-D agency for purposes of Title IV-D of the federal Social Security Act.
(b) The paramount interest of the State of Vermont is the welfare of its children. The establishment and enforcement of family support obligations is therefore an important function in this regard. The Office of Child Support in carrying out its responsibility shall be guided by the best interests of the child, but not the economic interests exclusively in an action for child support. (Added 1989, No. 221 (Adj. Sess.), § 13; amended 1993, No. 105, § 7.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 41 - Office of Child Support › § 4102. Responsibilities

§ 4102. Responsibilities
(a) The Office of Child Support shall be accountable and responsible for the operation of the federal IV-D program and shall be responsible for formulating the State Child Support Enforcement Plan as required under Title IV-D of the federal Social Security Act.
(b) The Office of Child Support shall be responsible for the administration of the Registry established in section 4103 of this title.
(c) Upon application of the parent of a minor child, the Office of Child Support shall provide the following services:
(1) location of absent parents;
(2) financial assessment to determine a parent’s ability to provide support;
(3) determination of a parent’s employment status;
(4) enforcement of child support orders;
(5) establishment of parentage; and
(6) any other services required to be provided under Title IV-D.
(d) The Office of Child Support shall provide appropriate instruction and supervision of its employees concerning legal ethics, family law, court procedure, child abuse, public benefit programs, and the dynamics of parent-child relationships.
(e) No employees may be assigned to a case before the Family Division of the Superior Court without the skill and professional qualifications commensurate with the complexity of the case. (Added 1989, No. 221 (Adj. Sess.), § 13; 1993, No. 105, § 8; amended 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 41 - Office of Child Support › § 4103. Registry

§ 4103. Registry
(a) The Office of Child Support shall establish a registry for the following purposes:
(1) Processing child support collections and disbursements.
(2) Maintaining records necessary for the receipt and disbursement of child support, including information on support orders and support arrearages, with the date and amount due and the date and amount paid by the obligor and the date and amount disbursed; identifying information about both parents, including the name, address, Social Security number, and employment information; names and dates of birth of children.
(3) Providing a record of their support collections and disbursements to obligors and obligees.
(4) Notifying employers in cases involving wage withholding of the amounts to be withheld for support, the amount of income exempt from withholding, and the dates for beginning, reducing, increasing, and terminating withholding pursuant to the terms of the support order. The Office shall accommodate employer withholdings based upon the employer’s payroll period and shall provide return envelopes to the employer for sending the payment to the Office.
(5) Maintaining and providing any other information as required by law.
(b) All orders for child support subject to wage withholding shall require that payment be made through the Registry and shall be deemed IV-D cases. All orders for child support not subject to wage withholding made or modified on or after July 1, 1990 shall require that payment be made through the Registry as a IV-D case unless the parties have agreed that the obligor will pay the obligee directly.
(c) In the case where neither parent requests services under Title IV-D of the Social Security Act or where the case is not a IV-D case by operation of law, the Office of Child Support services may recover the administrative costs of processing payments through the Child Support Registry, not to exceed an administrative fee of $5.00 per month. The Family Division of the Superior Court shall increase the monthly support obligation to take the administrative cost into account unless the noncustodial parent is below the federal poverty level. The Office of Child Support services shall deduct the cost from the first payment received each month. Fees collected under this subsection shall be credited to a special fund and shall be available to the Office of Child Support services to offset the costs of its administrative services.
(d) [Repealed.] (Added 1989, No. 221 (Adj. Sess.), § 13; amended 1995, No. 47, § 21; 1995, No. 186 (Adj. Sess.), § 15, eff. May 22, 1996; 1997, No. 11, § 2, eff. Jan. 1, 1998; 1997, No. 155 (Adj. Sess.), § 25; 2003, No. 159 (Adj. Sess.), § 11, eff. Sept. 1, 2004; 2009, No. 154 (Adj. Sess.), § 238; 2011, No. 32, § 3; 2017, No. 18, § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 41 - Office of Child Support › § 4104. Support overpayment

§ 4104. Support overpayment
(a) If the Office of Child Support determines that it has received an overpayment from an employer within 30 days of the overpayment, the Office shall return the overpayment to the obligor within one working day.
(b) In cases where the Office of Child Support determines that it has received an overpayment after 30 days, it shall permit the obligor to reduce future support payments to offset the overpayment.
(c) The Office of Child Support may recover an overpayment from the obligee by deducting from future support payments if the obligee has failed to return the excess to the Registry as required under 15 V.S.A. § 786.
(d) In no case shall application of this section reduce the amount of current support paid to the obligee by more than 10 percent. (Added 1989, No. 221 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 41 - Office of Child Support › § 4106. Assignment of rights

§ 4106. Assignment of rights
(a) When an assignment of the right to support is in effect pursuant to section 3902 of this title or pursuant to this section, or when payments are being made through the Registry, the custodial parent shall be considered to have appointed the Director of the Office of Child Support as his or her attorney in fact to perform the specific act of endorsing over to the Registry all drafts, checks, money orders, or other negotiable instruments for support of the child or to transfer any payments received by the Registry to the registering tribunal of another state, as defined in 15B V.S.A. § 101(19), after a written request is received from the obligee or the other state on behalf of the obligee or under an assignment of rights.
(b) When an assignment is in effect, any amounts accrued under a support obligation as of the date of assignment, and any amount accruing while the assignment is in effect, shall be owing to and payable to the Registry without further order of the court.
(c) A person applying for IV-D services who is not receiving welfare assistance may assign support rights to the State, but such an assignment shall not be a condition of eligibility for IV-D services.
(d) Persons who have assigned their support rights to the State shall be informed of actions that will be taken on their behalf and shall be entitled to information concerning the progress or results of any such action. Thirty days prior to the initiation of any court proceeding, the Office of Child Support shall give the assignor notice and provide the assignor the opportunity to timely raise claims, through the waiver process, that such actions would not be in the best interests of the children.
(e) If arrearages accrue after support rights have been assigned and the obligor and obligee subsequently reunite, the Office of Child Support may not take any action to collect the support arrearages, unless the reunited family has a gross income equal to or greater than 225 percent of poverty, as defined by the U.S. Department of Health and Human Services.
(f) When an assignment is in effect, the State shall be guided by the best interests of the child for whose benefit the action is taken.
(1) The amount of child support indicated by the guidelines shall be presumed to be in the child’s best interests, but other relevant information that is readily available, including information provided by the parents, shall be considered together with the factors set out in 15 V.S.A. § 659.
(2) If, after reasonable inquiry into the circumstances of the family, it is determined by the Office of Child Support that an action would not be in the best interests of the affected child, a support action should not be undertaken. (Added 1989, No. 221 (Adj. Sess.), § 13; amended 1993, No. 105, § 9; 1997, No. 63, § 25, eff. Sept. 1, 1997; 2021, No. 20, § 328.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 41 - Office of Child Support › § 4107. Office of Child Support; access to motor vehicle information; criminal record information

§ 4107. Office of Child Support; access to motor vehicle information; criminal record information
The Office of Child Support, for purposes of establishing and enforcing support and parental rights and responsibilities obligations, is designated as a law enforcement agency for the sole purpose of requesting and obtaining access to motor vehicle information and other information needed to identify or locate a person, including access to information maintained by the National Criminal Information Center. Such information shall only be used for collection of child support and is subject to the restrictions of section 4105(c) of this title. (Added 1995, No. 59, § 12; amended 1997, No. 63, § 26, eff. Sept. 1, 1997.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 41 - Office of Child Support › § 4108. Grievance procedure

§ 4108. Grievance procedure
(a) The Office of Child Support shall adopt rules in accordance with the procedures set forth in 3 V.S.A. chapter 25, the Administrative Procedure Act, to establish and implement a grievance procedure to contest decisions of the Office of Child Support.
(b) The Office of Child Support shall make widely available to the public information about its grievance procedure, including grievance forms, pamphlets explaining the procedure, and explanations of grievance rights.
(c) Upon issuing a wage withholding order, the Office of Child Support shall notify the obligor pursuant to 15 V.S.A. § 788 of the amount of the past due child support, the consequences of failing to meet a court-ordered child support obligation, and the procedure for contesting the Office’s action under this section.
(d) All final decisions of the Office of Child Support are appealable de novo to the magistrate in the Family Division of the Superior Court.
(e) If the obligor contests the withholding within 21 days of the notice and is found not to be in arrears by more than one-twelfth of the annual support obligation on the date the notice is issued, the Office, within two business days, shall notify the employer to cease withholding. In addition, the Office shall pay to the obligor three times the amount erroneously withheld. (Added 1993, No. 105, § 10; amended 1997, No. 63, § 27, eff. Sept. 1, 1997; 2009, No. 146 (Adj. Sess.), § C17; 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 41 - Office of Child Support › § 4109. Office of Child Support; use of federal parent locator service

§ 4109. Office of Child Support; use of federal parent locator service
The Office of Child Support may use the services of the Federal Parent Locator Service. (Added 1993, No. 228 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 43 - Children and Adolescents With Severe Emotional Disturbance › § 4302. State interagency team

§ 4302. State interagency team
(a) A State interagency team is created and shall consist of eight members:
(1) The Director of the division responsible for special education for the Agency of Education.
(2) The Agency of Education’s consultant for children and adolescents with a severe emotional disturbance.
(3) The Director of the division responsible for children’s mental health for the Department of Mental Health.
(4) The Chief of the Children, Adolescents, and Family Unit in the Division of Children’s Mental Health Services for the Department of Mental Health.
(5) The Deputy Commissioner for the Family Services Division of the Department for Children and Families.
(6) The placement consultant for the Family Services Division of the Department for Children and Families.
(7) A representative of the Secretary of Human Services.
(8) A parent of a child or adolescent with a severe emotional disturbance. The parent shall receive compensation in accordance with the provisions of 32 V.S.A. § 1010, and the compensation shall be paid for by the Agency of Human Services.
(b) The State interagency team shall have the following powers and duties:
(1) Submit an annual report to the Commissioners of Mental Health and for Children and Families and the Secretary of Education on the status of programs for children and adolescents with a severe emotional disturbance, which shall include a system of care plan. The system of care plan shall identify the characteristics and number of children and adolescents with a severe emotional disturbance in need of services, describe the educational, residential, mental health, or other services needed, describe the programs and resources currently available, recommend a plan to meet the needs of such children and adolescents, and recommend priorities for the continuation or development of programs and resources.
(2) Develop and coordinate the provision of services to children and adolescents with a severe emotional disturbance.
(3) Make recommendations to the local interagency team for resolution of any case of a child or adolescent with a severe emotional disturbance referred by a local interagency team under subsection 4303(f) of this chapter.
(4) Recommend to the Secretaries of Human Services and of Education and the Commissioners of Mental Health and for Children and Families any fiscal, policy, or programmatic change at the local, regional, or State level necessary to enhance the State’s system of care for children and adolescents with a severe emotional disturbance and their families. (Added 1987, No. 264 (Adj. Sess.), § 2; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2013, No. 92 (Adj. Sess.), § 295, eff. Feb. 14, 2014; 2013, No. 131 (Adj. Sess.), § 69, eff. May 20, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 43 - Children and Adolescents With Severe Emotional Disturbance › § 4303. Local interagency teams

§ 4303. Local interagency teams
(a) There shall be at least one local interagency team for each administrative district established by the Department for Children and Families whose permanent membership shall include:
(1) The person from the designated community mental health agency for that district responsible for coordinating children’s services.
(2) The person managing the family services district office of the Department for Children and Families for that district.
(3) A special education administrator from a school district in that district.
(4) A person designated by the Secretary of Human Services.
(5) A parent of a child or adolescent with a severe emotional disturbance. The parent shall receive compensation in accordance with the provisions of 32 V.S.A. § 1010, and the compensation shall be paid for by the Agency of Human Services.
(b) In addition to the permanent members, the local interagency team reviewing the case of a child or adolescent shall include as ad hoc members the special education administrator of the school district serving the child or adolescent and the parents of the child or adolescent. The local interagency team may appoint on an ad hoc basis, other persons determined to be necessary for the effectiveness of the team.
(c) The local interagency team shall appoint one of its permanent members to be chair. If the local interagency team cannot agree on a chair, one will be appointed by the State interagency team.
(d) A referral may be made by a local agency, service provider, or parent concerning a child or adolescent with a severe emotional disturbance when agreement cannot be reached with respect to the provision of appropriate services for the child or adolescent. When a referral is made, the local interagency team shall:
(1) make recommendations concerning the following matters upon which agreement cannot be reached: assessment of the child, coordinated service planning, and the provision of services for the child or adolescent;
(2) review the coordinated services plan for the child or adolescent and amend the plan if necessary.
(e) The local interagency team may meet at the request of any agency or parent to serve as a forum for consideration of general issues relating to implementation of the provisions of this chapter.
(f) After all attempts have been made without success to resolve any matter considered under subsection (d) or (e) of this section the matter shall be referred to the State interagency team.
(g) The local interagency team annually shall inform all local agencies and service providers for children and adolescents with severe emotional disturbances of the provisions of this chapter and any implementing rules or procedures. (Added 1987, No. 264 (Adj. Sess.), § 2; amended 1989, No. 203 (Adj. Sess.), §§ 2, 3; 2013, No. 131 (Adj. Sess.), § 70, eff. May 20, 2014.)