reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 33 - Human Services › Chapter 43 - Children and Adolescents With Severe Emotional Disturbance › § 4304a. Advisory Board

§ 4304a. Advisory Board
(a) An advisory board is created to advise the Secretary of Education and the Commissioners of Mental Health and for Children and Families about children and adolescents with a severe emotional disturbance and their families.
(b) The Advisory Board shall also advise the Secretary and the Commissioners on the development of the system of care plan described in subsection 4305(c) of this title.
(c) The State interagency team shall recommend to the Governor a list of potential Board members. The Governor shall appoint from that list three parents of children or adolescents with a severe emotional disturbance, three advocates from organizations working on behalf of children and adolescents with a severe emotional disturbance, and three professionals in related fields or service organizations.
(d) Members of the Board shall serve for a term of three years, beginning April 1 of the year of appointment or until their successors are appointed. Initially one-third of the members shall be appointed to one-year terms, one-third to two-year terms, and one-third to three-year terms. Thereafter, members shall be appointed for three-year terms.
(e) The Board shall elect a chair from among its members. The Board shall meet annually at the call of the Chair, and other meetings may be called by the Chair at such times and places as the Chair deems necessary.
(f) The members of the Board who are employees of the State shall receive no additional compensation for their services, but actual and necessary expenses shall be allowed State employees and shall be charged to their departments. The members of the Board who are not State employees shall receive compensation as provided in 32 V.S.A. § 1010, and that compensation shall be paid by the Agency of Human Services. (Added 1993, No. 203 (Adj. Sess.), § 1; amended 1997, No. 147 (Adj. Sess.), § 138b; 1995, No. 174 (Adj. Sess.), § 3; 2013, No. 131 (Adj. Sess.), § 71, eff. May 20, 2014; 2015, No. 23, § 59.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 46 - Building Bright Futures Council › § 4601. Definitions

§ 4601. Definitions
As used in this chapter:
(1) “Early care, health, and education” means all services provided to families expecting a child and to children up to the age of six, including child care, family support, early education, mental and physical health services, nutrition services, and disability services.
(2) “Regional council” means a regional entity linked to the State Building Bright Futures Council to support the creation of an integrated system of early care, health, and education at the local level. (Added 2009, No. 104 (Adj. Sess.), § 2, eff. May 12, 2010.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 46 - Building Bright Futures Council › § 4602. Building Bright Futures Council

§ 4602. Building Bright Futures Council
(a) The Building Bright Futures Program shall be governed by a statewide council comprising no more than 23 members. The Building Bright Futures Council’s membership shall be as follows:
(1) The Secretary of Human Services or designee.
(2) The Secretary of Commerce and Community Development or designee.
(3) The Secretary of Education or designee.
(4) The Commissioner for Children and Families or designee.
(5) The Commissioner of Health or designee.
(6) The Commissioner of Mental Health or designee.
(7) One member of the House of Representatives, appointed by the Speaker of the House.
(8) One member of the Senate, appointed by the Senate Committee on Committees.
(9) The Head Start Collaboration Office Director.
(10) Fourteen at-large members, appointed by the Governor based on their commitment to early childhood well-being and representing a range of perspectives and geographic diversity. The Governor shall consider the recommendations of the Council’s nominating committee. One of the at-large members shall be a representative of a local Head Start program and one shall be a member of a school board, to be recommended by the Vermont School Boards Association.
(b)(1) An individual designated to participate on the Council on behalf of a Secretary or Commissioner listed in subsection (a) of this section shall count toward a quorum of the Council and shall be permitted to vote on Council business.
(2) In the event of a vacancy in one of the at-large member positions on the Council, the remaining members shall endeavor to fill the vacancy with an individual representing a perspective or geographic area not currently represented on the Council.
(c) Technical assistance to the Council shall be provided by staff within the Agency of Education and the Departments of Health and for Children and Families.
(d) For Council meetings held when the General Assembly is not in session, the legislative members of the Council shall be entitled to per diem compensation and reimbursement of expenses in accordance with 2 V.S.A. § 23. Members of the Council who are not State employees or whose participation is not supported through their employment or association may be entitled to compensation and reimbursement for expenses for attending meetings of the Council under 32 V.S.A. § 1010 to the extent funds are available.
(e) The Council shall function as a public-private partnership with the ability to raise and disburse funds.
(f) The Council shall support the establishment of, and maintenance of relationships with, regional councils providing regional capacity to further the Council’s goals. (Added 2009, No. 104 (Adj. Sess.), § 2, eff. May 12, 2010; amended No. 156 (Adj. Sess.), § E.318.1, eff. May 12, 2010; 2013, No. 92 (Adj. Sess.), § 298, eff. Feb. 14, 2014; 2013, No. 100 (Adj. Sess.), § 1, eff. April 8, 2014; 2021, No. 20, § 330.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 46 - Building Bright Futures Council › § 4604. Limitation of scope

§ 4604. Limitation of scope
Nothing in this chapter shall be construed to supersede or usurp the statutory powers or authority of any State agency or department or any school district. (Added 2009, No. 104 (Adj. Sess.), § 2, eff. May 12, 2010.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 46 - Building Bright Futures Council › § 4605. Technical assistance; accountability

§ 4605. Technical assistance; accountability
In order to ensure the successful implementation of expanded child care, prekindergarten, and afterschool and summer care, Building Bright Futures shall be responsible for monitoring accountability, supporting stakeholders in collectively defining and measuring success, maximizing stakeholder engagement, and providing technical assistance to build capacity for the Department for Children and Families’ Child Development Division and the Agency of Education. Specifically, Building Bright Futures shall:
(1) ensure accountability through monitoring transitions over time and submitting a report with the results of this work on January 15 of each year to the House Committee on Human Services and to the Senate Committee on Health and Welfare; and
(2) define and measure success of expanded child care, prekindergarten, and afterschool and summer care related to process, implementation, and outcomes using a continuous quality improvement framework and engage public, private, legislative, and family partners to develop benchmarks pertaining to:
(A) equitable access to high-quality child care;
(B) equitable access to high-quality prekindergarten;
(C) equitable access to high-quality afterschool and summer care;
(D) stability of the early child care education workforce;
(E) workforce capacity and needs of the child care, prekindergarten, afterschool and summer care systems; and
(F) the impact of expanded child care, prekindergarten, and afterschool and summer care on a mixed-delivery system. (Added 2023, No. 76, § 19, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 47 - Children at Risk of School Failure › § 4701. Legislative findings and purpose

§ 4701. Legislative findings and purpose
(a) The General Assembly finds that early intervention and family support services offers the chance for children at risk of school failure to enter school better prepared to learn. Children who succeed in school are more likely to fulfill their potential as adults. An early investment in a child’s learning potential may lessen the need for remedial services. The role of parents as their child’s first teachers should be strengthened through a community-based system of early childhood services that provide the earliest opportunity to identify and serve children at risk of school failure. The State shall provide, or assist parents in the provision of such aid through community-based public or private early childhood development services for as long as the parents are eligible and continue to desire such services for themselves and their children. However, parents may refuse aid or services or may discontinue these services at any time without incurring any record or presumption of neglect or abuse based solely on their decision to reject these services.
(b) The General Assembly finds that early education contributes to the health of our society just as importantly as does good nutrition and proper immunization. Children’s healthy intellectual development is greatly enhanced by their early and consistent exposure to books and other educational materials and experiences. The General Assembly also finds that opportunity for school success may be enhanced for children at risk of school failure by providing parents of such children with information on a variety of approaches to child development.
(c) The General Assembly finds that currently available early child development services are provided by many State departments and community agencies, but they are not uniformly available or coordinated or sufficiently well known by parents.
(d) Therefore, it is the policy of the State of Vermont and this chapter to offer all families assistance in the preparation of their children for school, from the time of birth onward, through a community-based education and human services system with the capability to identify preschool children at risk of school failure and to reduce this number through health, education, and family support programs. It is the goal of this chapter that few children enter school at risk of school failure, and that those who do have been previously identified where possible and have received appropriate early education, child care, and health care services on a voluntary basis. A goal of this chapter is to widely disseminate public information about State laws related to child abuse and neglect. (Added 1989, No. 266 (Adj. Sess.), § 1; amended 1993, No. 154 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 47 - Children at Risk of School Failure › § 4702. System for services to children at risk of school failure

§ 4702. System for services to children at risk of school failure
(a) As used in this chapter:
(1) “At risk” means those children from birth to age 72 months who have a diagnosed physical or mental condition that has a high probability of resulting in a developmental delay, or who have a high probability of experiencing failure in school due to biological, medical, or environmental factors.
(2) “School failure” means failure to develop essential skills in reading, writing, and mathematics appropriate to age level.
(b) The Secretaries of Human Services and of Education shall develop and implement, through community-based organizations, a coordinated system of State and local agencies that identifies children at risk of school failure, makes available to them and their families, as eligible and willing, coordinated early education and support services individually designed with each family and based on a family’s identified needs, and encourages parents to use these services. After an informational meeting and prior to family participation in any screenings or services to be conducted in the home, the provider visiting the home shall explain the confidentiality policies and abuse and neglect reporting requirements. A parent shall be required to sign a form acknowledging their awareness of these policies and requirements. All services shall be voluntary, and when a local community chooses to offer services in the home, an alternative site shall be provided for families desiring services but not home visits.
(c) This system shall be accessible to local public review and comment in the Agency of Human Services districts where these programs are in service through two warned public meetings per year. Two weeks in advance of these meetings, documents that fully describe program activities, including reports, budgets, plans, and working guidelines, shall be made available to school boards in program service areas and at the area lead agency. These meetings shall be co-chaired by an elected school board director or superintendent in the district and an official of the program’s lead agency. The lead agency in each district, in cooperation with the Agencies of Human Services and of Education, shall annually present a report of its activities and expenditures to appropriate committees of the General Assembly.
(d) The Agency of Education and the Agency of Human Services shall have authority to adopt rules under 3 V.S.A. chapter 25 as necessary to implement this chapter. In addition, either agency shall initiate rule-making if requested by a majority of the involved community-based lead agencies, or by the public as provided in 3 V.S.A. § 831(c).
(e) Nothing in this chapter shall create an entitlement. (Added 1989, No. 266 (Adj. Sess.) § 1; amended 1993, No. 154 (Adj. Sess.), § 1; 2013, No. 92 (Adj. Sess.), § 300, eff. Feb. 14, 2014; 2021, No. 20, § 332.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4901. Statement of purposes

§ 4901. Statement of purposes
The Department may cooperate with the appropriate federal agency for the purpose of establishing, extending, and strengthening services that supplement or substitute for parental care and supervision, including:
(1) preventing, remedying, or assisting in the solution of problems that may result in neglect, abuse, exploitation, or delinquency of children;
(2) protecting and caring for homeless, dependent, or neglected children;
(3) protecting and promoting the welfare of children of working parents;
(4) otherwise protecting and promoting the welfare of children, including the strengthening of their homes where possible or, where needed, providing adequate care away from their homes in child-care facilities; and
(5) assisting youth in a successful transition to an independent adulthood, including the avoidance of homelessness, incarceration, and substance abuse. (Added 1967, No. 147, § 5; amended 2005, No. 174 (Adj. Sess.), § 117; 2007, No. 74, § 1, eff. June 6, 2007.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4902. Definitions

§ 4902. Definitions
As used in this chapter:
(1) “Child” means a person under 18 years of age committed by the Family Division of the Superior Court to the Department for Children and Families.
(2) “Commissioner” means the Commissioner for Children and Families.
(3) “Department” means the Department for Children and Families.
(4) “Foster care” means care of a child, for a valuable consideration, in a child care institution or in a family other than that of the child’s parent, guardian, or relative. (Added 1967, No. 147, § 5; amended 1973, No. 152 (Adj. Sess.), §§ 22, 31, eff. April 14, 1974; 1981, No. 171 (Adj. Sess.), § 2, eff. April 20, 1982; 1983, No. 248 (Adj. Sess.), § 5; 1989, No. 42, eff. May 5, 1989; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 118; 2013, No. 131 (Adj. Sess.), § 74, eff. May 20, 2014; 2021, No. 20, § 333.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4903. Responsibility of Department

§ 4903. Responsibility of Department
The Department may expend, within amounts available for the purposes, what is necessary to protect and promote the welfare of children and adults in this State, including the strengthening of their homes whenever possible, by:
(1) Investigating complaints of neglect, abuse, or abandonment of children.
(2) Providing aid and services to the extent necessary for the purpose of permitting children to remain in their own homes.
(3) Supervising and controlling children committed to it by a court.
(4) Providing substitute parental care and custody for a child upon application of his or her parent, guardian, or any person acting in behalf of the child, when after investigation it is found that the care and custody will be in the best interests of the child. The acceptance of a child by the Department shall not abrogate parental rights or responsibilities, but the Department may accept from the parents temporary delegation of certain rights and responsibilities necessary to provide care and custody for a period of up to six months under conditions agreed upon by the parents and the Department. Upon a stipulation approved by the Family Division of the Superior Court, the period may be extended for additional periods of up to six months each, provided that each extension is first determined by the parties to be necessary, and that it is in the best interests of the child.
(5) Providing financial aid to persons who were committed to the Department at the time they attained the age of majority and who are completing an educational, vocational, or technical training program designed to equip them for gainful employment.
(6) Providing aid to certain adopted children who prior to their adoption were in the care and custody of the Department.
(7) Providing aid to a child in the permanent guardianship of a relative if the child was in the care and custody of the Department and was placed in the home of the relative for at least six months prior to the creation of the guardianship. (Added 1967, No. 147, § 5; amended 1971, No. 206 (Adj. Sess.); 1975, No. 19; 1981, No. 243 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 119; 2009, No. 97 (Adj. Sess.), § 2; 2021, No. 20, § 334.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4904. Foster care; transitional youth services

§ 4904. Foster care; transitional youth services
(a) As used in this section, “youth” means a person between 18 and 22 years of age who either:
(1) attained his or her 18th birthday while in the custody of the Commissioner for Children and Families; or
(2) while he or she was between 10 and 18 years of age, spent at least five of those years in the custody of the Commissioner for Children and Families.
(b)(1) The Department shall provide foster care services as described in subsection (c) of this section to:
(A) any youth who elects to continue receiving such services after attaining the age of 18;
(B) any individual under the age of 22 who leaves State custody after the age of 16 and at or before the age of 18 or any youth provided he or she voluntarily requests additional support services.
(2) The Department shall require a youth receiving services under this section to be employed, to participate in a program to promote employment or remove barriers to employment, or to attend an educational or vocational program, and, if the youth is working, require that he or she contribute to the cost of services based on a sliding scale, unless the youth meets the criteria for an exception to the employment and educational or vocational program requirements of this section based on a disability or other good cause. The Department shall establish rules for the requirements and exceptions under this subdivision.
(c) The Commissioner shall establish by rule a program to provide a range of age-appropriate services for youth to ensure a successful transition to adulthood, including foster care and other services provided under this chapter to children as appropriate, housing assistance, transportation, case management services, assistance with obtaining and retaining health care coverage or employment, and other services. At least 12 months prior to a child attaining his or her 18th birthday, the Department shall assist the child in developing a transition plan. When developing the transition plan, the child shall be informed about the range of age-appropriate services and assistance available in applying for or obtaining these services.
(d) [Repealed.] (Added 2007, No. 74, § 2, eff. June 6, 2007; amended 2009, No. 97 (Adj. Sess.), §§ 3, 4; 2013, No. 142 (Adj. Sess.), § 102.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4905. Foster care and placement licensing

§ 4905. Foster care and placement licensing
(a) A person other than an employee of a department within the Agency of Human Services shall not place any child in foster care for more than 15 consecutive days unless the person has a license from the Department to do so or is an employee of a child-placing agency licensed by that Department.
(b) A person shall not receive, board, or keep any child in foster care for more than 15 consecutive days unless he or she has a license from the Department to do so. This subsection shall not apply to foster homes approved by a department within the Agency of Human Services or by a licensed child-placing agency, nor shall it apply to those facilities where educational or vocational training is the primary service and foster care is a supportive service only.
(c) This section shall not restrict the right of a court, parent, guardian, or relative to place a child, nor the right of a person not in the business of providing foster care or child care to receive, board, and keep a child when a valuable consideration is not demanded or received for the child’s care and maintenance. (Added 2013, No. 131 (Adj. Sess.), § 75.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4906. Foster care; reasonable and prudent parent standard

§ 4906. Foster care; reasonable and prudent parent standard
(a) As used in this section:
(1) “Caregiver” means a foster parent, including a kinship foster parent or residential treatment or other program, with whom a child or youth in the custody of the Commissioner for Children and Families has been placed.
(2) “Reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child or youth in the custody of the Commissioner while at the same time encouraging the emotional and developmental growth of the child that a caregiver shall use when determining whether to allow a child in the custody of the Commissioner to participate in extracurricular, enrichment, cultural, and social activities.
(b) A caregiver shall use the reasonable and prudent parent standard when determining whether to allow a child in the custody of the Commissioner to participate in extracurricular, enrichment, cultural, and social activities.
(c) A caregiver shall not be liable for injuries to a child in the custody of the Commissioner that occur as a result of acting in accordance with the reasonable and prudent parent standard. A caregiver acting in good faith in compliance with the reasonable and prudent parent standard shall be immune from civil liability arising from such action. (Added 2017, No. 106 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4911. Purpose

§ 4911. Purpose
The purpose of this subchapter is to:
(1) protect children whose health and welfare may be adversely affected through abuse or neglect;
(2) strengthen the family and make the home safe for children whenever possible by enhancing the parental capacity for good child care;
(3) provide a temporary or permanent nurturing and safe environment for children when necessary; and for these purposes require the reporting of suspected child abuse and neglect, an assessment or investigation of such reports and provision of services, when needed, to such child and family;
(4) establish a range of responses to child abuse and neglect that take into account different degrees of child abuse or neglect and that recognize that child offenders should be treated differently from adults; and
(5) establish a tiered child protection registry that balances the need to protect children and the potential employment consequences of a registry record for persons who are substantiated for child abuse and neglect. (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 2007, No. 168 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4914. Nature and content of report; to whom made

§ 4914. Nature and content of report; to whom made
A report shall be made orally or in writing to the Commissioner or designee. The Commissioner or designee shall request the reporter to follow the oral report with a written report, unless the reporter is anonymous. Reports shall contain the name and address or other contact information of the reporter as well as the names and addresses of the child and the parents or other persons responsible for the child’s care, if known; the age of the child; the nature and extent of the child’s injuries together with any evidence of previous abuse and neglect of the child or the child’s siblings; and any other information that might be helpful in establishing the cause of the injuries or reasons for the neglect as well as in protecting the child and assisting the family. If a report of child abuse or neglect involves the acts or omissions of the Commissioner or employees of the Department, then the report shall be directed to the Secretary of Human Services who shall cause the report to be investigated by other appropriate Agency staff. If the report is substantiated, services shall be offered to the child and to his or her family or caretaker according to the requirements of section 4915b of this title. (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 1989, No. 187 (Adj. Sess.), § 5; 1989, No. 295 (Adj. Sess.), § 4; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 120; 2007, No. 77, § 1, eff. June 1, 2007; 2007, No. 168 (Adj. Sess.), § 4; 2015, No. 60, § 4a.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4915a. Procedures for assessment

§ 4915a. Procedures for assessment
(a) An assessment, to the extent that is reasonable under the facts and circumstances presented by the particular valid allegation of child abuse or neglect, shall include the following:
(1) An interview with the child’s parent, guardian, foster parent, or any other adult residing in the child’s home who serves in a parental role. The interview shall focus on ensuring the immediate safety of the child and mitigating the future risk of harm to the child in the home environment.
(2) An evaluation of the safety of the subject child and any other children living in the same home environment. The evaluation may include an interview with or observation of the child or children. Such interviews shall occur with the permission of the child’s parent, guardian, or custodian.
(3) In collaboration with the family, identification of family strengths, resources, and service needs, and the development of a plan of services that reduces the risk of harm and improves or restores family well-being.
(b) The assessment shall be completed within 45 days. Upon written justification by the Department, the assessment may be extended, not to exceed a total of 60 days.
(c) Families have the option of declining the services offered as a result of the assessment. If the family declines the services, the case shall be closed unless the Department determines that sufficient cause exists to begin an investigation or to request the State’s Attorney to file a petition pursuant to chapters 51 and 53 of this title. In no instance shall a case be investigated solely because the family declines services.
(d) When an assessment case is closed, there shall be no finding of abuse or neglect and no indication of the intervention shall be placed in the Registry. However, the Department shall document the outcome of the assessment. (Added 2007, No. 168 (Adj. Sess.), § 6; amended 2013, No. 131 (Adj. Sess.), § 77, eff. May 20, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4916d. Automatic expungement of Registry records

§ 4916d. Automatic expungement of Registry records
Registry entries concerning a person who was substantiated for behavior occurring before the person reached 10 years of age shall be expunged when the person reaches the age of 18, provided that the person has had no additional substantiated Registry entries. A person substantiated for behavior occurring before the person reached 18 years of age and whose name has been listed on the Registry for at least three years may file a written request with the Commissioner seeking a review for the purpose of expunging an individual Registry record in accordance with section 4916c of this title. (Added 2007, No. 77, § 1, eff. June 7, 2007; amended 2007, No. 168 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4916e. Notice to minors

§ 4916e. Notice to minors
If the person alleged to have abused or neglected a child is a minor, any notice required pursuant to this subchapter shall be sent:
(1) to the minor’s parents or guardian; or
(2) if the child is in the custody of the Commissioner, to the social worker assigned to the child by the Department and the child’s counsel of record. (Added 2007, No. 77, § 1, eff. June 7, 2007.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4917. Multidisciplinary teams; empaneling

§ 4917. Multidisciplinary teams; empaneling
(a) The Commissioner or his or her designee may impanel a multidisciplinary team or a special investigative multitask force team, or both, wherever in the State there may be a probable case of child abuse or neglect that warrants the coordinated use of several professional services. These teams shall participate and cooperate with the local special investigation unit in compliance with 13 V.S.A. § 5415.
(b) The Commissioner or his or her designee, in conjunction with professionals and community agencies, shall appoint members to the multidisciplinary teams which may include persons who are trained and engaged in work relating to child abuse or neglect such as medicine, mental health, social work, nursing, child care, education, law, or law enforcement. The teams shall include a representative of the Department of Corrections. Additional persons may be appointed when the services of those persons are appropriate to any particular case.
(c) The empaneling of a multidisciplinary or special investigative multi-task force team shall be authorized in writing and shall specifically list the members of the team. This list may be amended from time to time as needed as determined by the Commissioner or his or her designee. (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 2007, No. 168 (Adj. Sess.), § 13; 2007, No. 172 (Adj. Sess.), § 21; 2007, No. 174 (Adj. Sess.), § 17; 2009, No. 1, § 18, eff. March 4, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4918. Multidisciplinary teams; functions; guidelines

§ 4918. Multidisciplinary teams; functions; guidelines
(a) Multidisciplinary teams shall assist local district offices of the Department in identifying and treating child abuse or neglect cases. With respect to any case referred to it, the team may assist the district office by providing:
(1) case diagnosis or identification;
(2) a comprehensive treatment plan; and
(3) coordination of services pursuant to the treatment plan.
(b) Multidisciplinary teams may also provide public informational and educational services to the community about identification, treatment, and prevention of child abuse and neglect. They shall also foster communication and cooperation among professionals and organizations in their community and provide such recommendations or changes in service delivery as they deem necessary. (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 2007, No. 168 (Adj. Sess.), § 14; 2021, No. 20, § 336.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4922. Rulemaking

§ 4922. Rulemaking
(a) The Commissioner shall develop rules to implement this subchapter. These shall include:
(1) rules setting forth criteria for determining whether to conduct an assessment or an investigation;
(2) rules setting out procedures for assessment and service delivery;
(3) rules outlining procedures for investigations;
(4) rules for conducting the administrative review conference;
(5) rules regarding access to and maintenance of Department records of investigations, assessments, reviews, and responses; and
(6) rules regarding the tiered Registry as required by section 4916 of this title.
(b) The rules shall strike an appropriate balance between protecting children and respecting the rights of a parent or guardian, including a parent or guardian with disabilities, and shall recognize that persons with a disability can be successful parents. The rules shall include the possible use of adaptive equipment and supports.
(c) These rules shall be adopted no later than July 1, 2009. (Added 2007, No. 168 (Adj. Sess.), § 18.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 49 - Child Welfare Services › § 4923. Reporting

§ 4923. Reporting
The Commissioner shall publish an annual report regarding reports of child abuse and neglect no later than June 30, for the previous year. The report shall include:
(1) The number of reports accepted as valid allegations of child abuse or neglect.
(2) The number of reports that resulted in an investigative response; particularly:
(A) the number of investigations that resulted in a substantiation;
(B) the types of maltreatment substantiated;
(C) the relationship of the perpetrator to the victim, by category; and
(D) the gender and age group of the substantiated victims.
(3) The number of reports that resulted in an assessment response; particularly:
(A) the general types of maltreatment alleged in cases that received an assessment response; and
(B) the number of assessments that resulted in the recommendation of services.
(4) Trend information over a five-year period. Beginning with the adoption of the assessment response and continuing over the next five years, the report shall explain the impact of the assessment response on statistical reporting. (Added 2007, No. 168 (Adj. Sess.), § 19.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5101. Purposes

§ 5101. Purposes
(a) The juvenile judicial proceedings chapters shall be construed in accordance with the following purposes:
(1) to provide for the care, protection, education, and healthy mental, physical, and social development of children coming within the provisions of the juvenile judicial proceedings chapters;
(2) to remove from children committing delinquent acts the taint of criminality and the consequences of criminal behavior and to provide supervision, care, and rehabilitation that ensure:
(A) balanced attention to the protection of the community;
(B) accountability to victims and the community for offenses; and
(C) the development of competencies to enable children to become responsible and productive members of the community;
(3) to preserve the family and to separate a child from his or her parents only when necessary to protect the child from serious harm or in the interests of public safety;
(4) to ensure that safety and timely permanency for children are the paramount concerns in the administration and conduct of proceedings under the juvenile judicial proceedings chapters;
(5) to achieve the foregoing purposes, whenever possible, in a family environment, recognizing the importance of positive parent-child relationships to the well-being and development of children;
(6) to provide judicial proceedings through which the provisions of the juvenile judicial proceedings chapters are executed and enforced and in which the parties are ensured a fair hearing, and that their constitutional and other legal rights are recognized and enforced.
(b) The provisions of the juvenile judicial proceedings chapters shall be construed as superseding the provisions of the criminal law of this State to the extent the same are inconsistent with this chapter. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5101a. Juvenile justice legislative findings

§ 5101a. Juvenile justice legislative findings
(a) The General Assembly finds and declares as public policy that an effective juvenile justice system protects public safety; connects youths and young adults to age-appropriate services that reduce the risk of reoffense; and, when appropriate, shields youths from the adverse impact of a criminal record.
(b) In order to accomplish these goals, the system should be based on the implementation of data-driven evidence-based practices that offer a broad range of alternatives, such that the degree of intervention is commensurate with the risk of reoffense.
(c) High-intensity interventions with low-risk offenders not only decrease program effectiveness, but are contrary to the goal of public safety in that they increase the risk of recidivism. An effective youth justice system includes pre-charge options that keep low-risk offenders out of the criminal justice system altogether. (Added 2017, No. 201 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5103. Jurisdiction

§ 5103. Jurisdiction
(a) The Family Division of the Superior Court shall have exclusive jurisdiction over all proceedings concerning a child who is or who is alleged to be a delinquent child or a child in need of care or supervision brought under the authority of the juvenile judicial proceedings chapters, except as otherwise provided in such chapters.
(b) Orders issued under the authority of the juvenile judicial proceedings chapters shall take precedence over orders in other Family Division proceedings and any order of another court of this State, to the extent they are inconsistent. This section shall not apply to child support orders in a divorce, parentage, or relief from abuse proceedings until a child support order has been issued in the juvenile proceeding.
(c)(1) Except as otherwise provided by this title and by subdivision (2) of this subsection, jurisdiction over a child shall not be extended beyond the child’s 18th birthday.
(2)(A) Jurisdiction over a child with a delinquency may be extended until six months beyond the child’s:
(i) 19th birthday if the child was 16 or 17 years of age when he or she committed the offense.
(ii) 20th birthday if the child was 18 years of age when he or she committed the offense; or
(B) Except for custody of individuals 18 years of age or older that may be ordered by the court under the authority of chapter 52 of this title, custody of a child or youth 18 years of age or older shall not be retained by or transferred to the Commissioner for Children and Families.
(C) Jurisdiction over a child in need of care or supervision shall not be extended beyond the child’s 18th birthday.
(D) Jurisdiction over a youthful offender shall not extend beyond the youth’s 22nd birthday.
(d) The court may terminate its jurisdiction over a child prior to the child’s 18th birthday by order of the court. If the child is not subject to another juvenile proceeding, jurisdiction shall terminate automatically in the following circumstances:
(1) upon the discharge of a child from juvenile or youthful offender probation, provided the child is not in the legal custody of the Commissioner;
(2) upon an order of the court transferring legal custody to a parent, guardian, or custodian without conditions or protective supervision;
(3) upon the adoption of a child following a termination of parental rights proceeding. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 224; 2011, No. 159 (Adj. Sess.), § 1; 2015, No. 153 (Adj. Sess.), § 6, eff. Jan. 1, 2018; 2017, No. 201 (Adj. Sess.), § 5, eff. May 30, 2018; 2019, No. 45, § 2, eff. May 30, 2019; 2019, No. 124 (Adj. Sess.), § 2; 2019, No. 124 (Adj. Sess.), § 3, eff. July 1, 2024; 2021, No. 65, §§ 14, 15, eff. June 7, 2021.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5103. Jurisdiction

§ 5103. Jurisdiction
(a) The Family Division of the Superior Court shall have exclusive jurisdiction over all proceedings concerning a child who is or who is alleged to be a delinquent child or a child in need of care or supervision brought under the authority of the juvenile judicial proceedings chapters, except as otherwise provided in such chapters.
(b) Orders issued under the authority of the juvenile judicial proceedings chapters shall take precedence over orders in other Family Division proceedings and any order of another court of this State, to the extent they are inconsistent. This section shall not apply to child support orders in a divorce, parentage, or relief from abuse proceedings until a child support order has been issued in the juvenile proceeding.
(c)(1) Except as otherwise provided by this title and by subdivision (2) of this subsection, jurisdiction over a child shall not be extended beyond the child’s 18th birthday.
(2)(A) Jurisdiction over a child with a delinquency may be extended until six months beyond the child’s:
(i) 19th birthday if the child was 16 or 17 years of age when he or she committed the offense;
(ii) 20th birthday if the child was 18 years of age when he or she committed the offense; or
(iii) 21st birthday if the child was 19 years of age when he or she committed the offense.
(B) Except for custody of individuals 18 years of age or older that may be ordered by the court under the authority of chapter 52 of this title, custody of a child or youth 18 years of age or older shall not be retained by or transferred to the Commissioner for Children and Families.
(C) Jurisdiction over a child in need of care or supervision shall not be extended beyond the child’s 18th birthday.
(D) Jurisdiction over a youthful offender shall not extend beyond the youth’s 22nd birthday.
(d) The court may terminate its jurisdiction over a child prior to the child’s 18th birthday by order of the court. If the child is not subject to another juvenile proceeding, jurisdiction shall terminate automatically in the following circumstances:
(1) upon the discharge of a child from juvenile or youthful offender probation, provided the child is not in the legal custody of the Commissioner;
(2) upon an order of the court transferring legal custody to a parent, guardian, or custodian without conditions or protective supervision;
(3) upon the adoption of a child following a termination of parental rights proceeding. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 224; 2011, No. 159 (Adj. Sess.), § 1; 2015, No. 153 (Adj. Sess.), § 6, eff. Jan. 1, 2018; 2017, No. 201 (Adj. Sess.), § 5, eff. May 30, 2018; 2019, No. 45, § 2, eff. May 30, 2019; 2019, No. 124 (Adj. Sess.), § 2; 2019, No. 124 (Adj. Sess.), § 3, eff. July 1, 2024; 2021, No. 65, §§ 14, 15, eff. June 7, 2021.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5105. Venue and change of venue

§ 5105. Venue and change of venue
(a) Proceedings under the juvenile judicial proceedings chapters may be commenced in the county where:
(1) the child is domiciled;
(2) the acts constituting the alleged delinquency occurred; or
(3) the child is present when the proceedings commenced, if it is alleged that a child is in need of care or supervision.
(b) If a child or a parent, guardian, or custodian changes domicile during the course of a proceeding under the juvenile judicial proceedings chapters or if the petition is not brought in the county in which the child is domiciled, the court may change venue upon the motion of a party or its own motion, taking into consideration the domicile of the child and the convenience of the parties and witnesses. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5106. Powers and duties of Commissioner

§ 5106. Powers and duties of Commissioner
Subject to the limitations of the juvenile judicial proceedings chapters or those imposed by the court, and in addition to any other powers granted to the Commissioner under the laws of this State, the Commissioner has the following authority with respect to a child who is or may be the subject of a petition brought under the juvenile judicial proceedings chapters:
(1) To undertake assessments and make reports and recommendations to the court as authorized by the juvenile judicial proceedings chapters.
(2) To investigate complaints and allegations that a child is in need of care or supervision for the purpose of considering the commencement of proceedings under the juvenile judicial proceedings chapters.
(3) To supervise and assist a child who is placed under the Commissioner’s supervision or in the Commissioner’s legal custody by order of the court, and to administer sanctions in accordance with graduated sanctions established by policy and that are consistent with the juvenile probation certificate.
(4) To place a child who is in the Commissioner’s legal custody in a family home or a treatment, rehabilitative, detention, or educational facility or institution subject to the provisions of sections 5292 and 5293 of this title. To the extent that it is appropriate and possible, siblings in the Commissioner’s custody shall be placed together.
(5) To make appropriate referrals to private or public agencies.
(6) To perform such other functions as are designated by the juvenile judicial proceedings chapters. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009; amended 2015, No. 153 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5107. Contempt power

§ 5107. Contempt power
Subject to the laws relating to the procedures therefor and the limitations thereon, the court has the power to punish any person for contempt of court for disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5108. Authority to issue warrants

§ 5108. Authority to issue warrants
(a) The court may order a parent, guardian, or custodian to appear at any hearing or to appear at the hearing with the child who is the subject of a petition.
(b) If, after being summoned, cited, or otherwise notified to appear, a party fails to do so, the court may issue a warrant for the person’s appearance.
(c) If the child is with the parent, guardian, or custodian, the court may issue a warrant for the person to appear in court with the child or, in the alternative, the court may issue an order for an officer to pick up the child and bring the child to court.
(d) If a summons cannot be served or the welfare of the child requires that the child be brought forthwith to the court, the court may issue a warrant for the parent, guardian, or custodian to appear in court with the child. In the alternative, the court may issue an order for an officer to pick up the child and bring the child to court during court hours.
(e) A person summoned who fails to appear without reasonable cause may be found in contempt of court. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009.)