reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 33 - Human Services › Chapter 32 - Office of the Child, Youth, & Family Advocate › § 3205. Child, Youth, and Family Advisory Council

§ 3205. Child, Youth, and Family Advisory Council
(a) Purpose and membership. The Child, Youth, and Family Advocate shall appoint and convene an Advisory Council composed of nine stakeholders who have been impacted by child welfare services provided by the Department for Children and Families. The Advisory Council’s membership shall reflect the growing diversity of Vermont’s children and families, including individuals who are Black, Indigenous, and Persons of Color, as well as with regard to socioeconomic status, geographic location, gender, sexual identity, and disability status. Members shall provide advice and guidance to the Office of the Child, Youth, and Family Advocate regarding the routine administration and operation of the Office, including providing advice and guidance to the Advocate upon request.
(b) Meetings.
(1) The Advocate shall call the first meeting of the Advisory Council to occur on or before March 15, 2023.
(2) The Advisory Council shall select a chair from among its members at the first meeting.
(3) A majority of the membership shall constitute a quorum.
(4) The Advisory Council shall cease to exist on July 1, 2028.
(c) Confidentiality. In seeking the advice and guidance of the Advisory Council, the Child, Youth, and Family Advocate shall not disclose to the Advisory Council, or any member thereof, individually identifiable information about a child or youth unless the information is already known to the public.
(d) Compensation. Members of the Advisory Council shall be entitled to per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 for not more than eight meetings annually. These payments shall be made from monies appropriated to the Office. (Added 2021, No. 129 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 32 - Office of the Child, Youth, & Family Advocate › § 3206. Incidents and fatalities

§ 3206. Incidents and fatalities
(a) The Department shall notify the Office of:
(1) all incidents of actual physical injury to children or youths in the custody of the Commissioner or at significant risk of such harm; and
(2) instances of restraint or seclusion of any child or youth in the custody of the Commissioner.
(b) The Department shall notify the Office within 48 hours of any fatality of a child or youth in its custody. (Added 2021, No. 129 (Adj. Sess.), § 1, eff. July 1, 2022; amended 2023, No. 6, § 391, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 32 - Office of the Child, Youth, & Family Advocate › § 3207. Access to information and facilities

§ 3207. Access to information and facilities
(a) Notwithstanding any other provision of law, the Child, Youth, and Family Advocate and the Deputy Advocate shall, upon request, have timely access, including the right to inspect and copy, to records necessary to carry out the provisions of this chapter, including relevant records produced and held by State entities and third parties. As used in this subsection, “third parties” does not include Vermont’s Statistical Analysis Center.
(b) If the Child, Youth, and Family Advocate determines that doing so advances the welfare of a child or youth, the Advocate and Deputy Advocate may:
(1) communicate privately and visit with any child or youth who is in the custody of the Department; and
(2) upon first obtaining the consent of a child or youth’s parent or guardian, communicate privately and visit with a child or youth who is not in the custody of the Department.
(c) Facilities and providers delivering services to children and youths shall permit the Child, Youth, and Family Advocate or the Deputy Advocate to access their facilities. (Added 2021, No. 129 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 32 - Office of the Child, Youth, & Family Advocate › § 3208. Cooperation of State agencies

§ 3208. Cooperation of State agencies
All State agencies shall comply with reasonable requests of the Child, Youth, and Family Advocate and Deputy Advocate for information and assistance. (Added 2021, No. 129 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 32 - Office of the Child, Youth, & Family Advocate › § 3209. Confidentiality

§ 3209. Confidentiality
(a) The Office shall maintain the confidentiality of all case records, third- party records, and court records, as well as any information gathered in the course of carrying out individual complaint and systems reviews. These records are exempt from public inspection and copying under the Public Records Act and shall be kept confidential except as provided in subsections (b) and (c) of this section.
(b) In the course of carrying out the provisions of this chapter, if the Child, Youth, and Family Advocate or Deputy Advocate reasonably believes that the health, safety, or welfare of a child or youth is at imminent risk, the Advocate or Deputy Advocate may disclose relevant documents or information to the Department or any of the individuals or entities listed in subdivision 4921(e)(1) of this title, or both. Determinations of relevancy shall be made by the Advocate.
(c) Notwithstanding subsection (a) of this section, the Child, Youth, and Family Advocate or Deputy Advocate may publicly disclose any patterns of conduct or repeated incidents identified by the Advocate or Deputy Advocate in carrying out the provisions of this chapter if the Advocate or Deputy Advocate reasonably believes that public disclosure is likely to mitigate a risk posed to the health, safety, and welfare of a child or youth, except the Advocate or Deputy Advocate shall not publicly disclose either of the following:
(1) individually identifiable information about a child or youth, or the child’s or youth’s family, foster family, or kin in a kinship placement unless the information is already known to the public; and
(2) findings where there is a pending law enforcement investigation or prosecution. (Added 2021, No. 129 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 32 - Office of the Child, Youth, & Family Advocate › § 3210. Conflict of interest

§ 3210. Conflict of interest
The Child, Youth, and Family Advocate, the Advocate’s employees or contractors, and members of the Oversight Commission on Children, Youths, and Families shall not have any conflict of interest with the Department or with any entity that provides services to children, youths, and families through funds provided by the Department relating to the performance of their responsibilities under this chapter. For the purposes of this section, a conflict of interest exists whenever the Child, Youth, and Family Advocate, the Advocate’s employees or contractors, or a member of the Oversight Commission on Children, Youths, and Families:
(1) has direct involvement in the licensing, certification, or accreditation of a provider or facility delivering services to children, youths, and families;
(2) has a direct ownership interest in a provider or facility delivering services to children, youths, and families;
(3) is employed by or participates in the management of a provider or facility delivering services to children, youths, and families; or
(4) receives or has the right to receive, directly or indirectly, remuneration under a compensation arrangement with a provider or facility delivering services to children, youths, and families. (Added 2021, No. 129 (Adj. Sess.), § 1, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 33 - Prevention of Juvenile Delinquency and Other Problem Behaviors › § 3301. Definitions

§ 3301. Definitions
As used in this chapter:
(1) “Council” means the Council for Equitable Youth Justice.
(2) “DCF” means the Vermont Department for Children and Families.
(3) “JJRA” means the federal Juvenile Justice and Delinquency Prevention Act of 1973 as reauthorized and as amended by the Juvenile Justice Reform Act of 2018, 34 U.S.C. § 11133.
(4) “OJJDP” means the Office of Juvenile Justice and Delinquency Prevention within the U.S. Department of Justice. (Added 1983, No. 79, § 1; amended 1985, No. 177 (Adj. Sess.), § 2; 2023, No. 70, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 33 - Prevention of Juvenile Delinquency and Other Problem Behaviors › § 3302. Council for Equitable Youth Justice

§ 3302. Council for Equitable Youth Justice
(a) Creation. There is created the Council for Equitable Youth Justice to serve as the State advisory group for Vermont pursuant to 34 U.S.C. § 11133. The Council supports compliance with the core requirements of the JJRA and promotes an effective Vermont juvenile justice system consistent with the legislative findings under 33 V.S.A. § 5101a.
(b) Membership.
(1) The Council shall consist of up to 25 members who shall be appointed by the Governor with the advice and consent of the Senate for three-year terms.
(2) In appointing members, consideration shall be given to the selection of persons who adequately represent the interests of youth who are in the juvenile justice system and their families.
(3) Membership shall be consistent with the federal requirements for State advisory groups pursuant to 34 U.S.C. § 11133(a)(3).
(4) A majority of the members, including the Chair, shall not be full- time employees of federal, State, or local government.
(c) Officers. The Council shall elect a chair, vice chair, and secretary or treasurer, or both, from its members who shall serve for one year or until their successors are elected.
(d) Vacancy. In the event a vacancy occurs on the Council, the vacancy shall be filled in the same manner as provided in subdivision (b)(1) of this section. The term of a person appointed to fill a vacancy shall terminate on the date on which the original appointment would have terminated if the vacancy had not occurred.
(e) Compensation. Council members are authorized to receive per diem compensation from federal funds as specified in 32 V.S.A. § 1010(b).
(f) Quorum. A majority of the members of the Council shall constitute a quorum. The Council shall act only by vote of a majority of its members and voting at a meeting at which a quorum is in attendance. (Added 1983, No. 79, § 1; amended 1985, No. 177 (Adj. Sess.), § 3; 1997, No. 61, § 271a; 2023, No. 70, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 33 - Prevention of Juvenile Delinquency and Other Problem Behaviors › § 3303. Council duties and responsibilities

§ 3303. Council duties and responsibilities
(a) Subject to the provisions of 33 V.S.A. § 3309, the Council shall support monitoring and reporting compliance with the core requirements of the JJRA, including:
(1) the deinstitutionalization of status offenders;
(2) the separation of juveniles from incarcerated adults;
(3) the removal of juveniles from adult jails and lockups; and
(4) the reduction of racial and ethnic disparities in Vermont’s juvenile justice system.
(b) [Repealed.]
(c) Subject to the provisions of 32 V.S.A. § 5, the Council may apply for and receive federal funds for activities consistent with the legislative findings pursuant to 33 V.S.A. § 5101a and the requirements of the JJRA. The Council may obtain grants for activities pursuant to 34 U.S.C. § 11133(a)(9).
(d) On December 1, 2024, and every three years thereafter, the Council shall, in coordination with DCF, develop a State juvenile justice plan designed to promote an effective juvenile justice system. The plan shall be consistent with the requirements of the JJRA and the legislative findings pursuant to 33 V.S.A. § 5101a.
(e) On January 15, 2025, and every two years thereafter, the Council shall submit a written report to the Governor, the Joint Legislative Justice Oversight Committee, and DCF describing the efforts it has made to comply with the requirements of the JJRA, including the reduction of racial disparities and improving Vermont’s juvenile justice system. The report shall include an overview of federal funds received and expended to address these purposes and recommendations to improve the juvenile justice system.
(f) In carrying out its duties and responsibilities, the Council shall rely on all available data related to the State’s juvenile justice system and shall make efforts to include youth and family voices, particularly the voices of youth and members of their families who have been impacted by the system. (Added 1983, No. 79 § 1; amended 1985, No. 177 (Adj. Sess.), § 4; 2013, No. 131 (Adj. Sess.), § 58, eff. May 20, 2014; 2021, No. 20, § 317; 2021, No. 179 (Adj. Sess.), § 9, eff. December 31, 2022; 2023, No. 6, § 392, eff. July 1, 2023; 2023, No. 70, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 33 - Prevention of Juvenile Delinquency and Other Problem Behaviors › § 3309. Compliance with the Juvenile Justice and Delinquency Prevention Act

§ 3309. Compliance with the Juvenile Justice and Delinquency Prevention Act
The Department for Children and Families, within the Agency of Human Services, is the State agency designated for supervising the preparation and administration of the Juvenile Justice and Delinquency Prevention Act State Plan and is also designated as the State agency responsible for monitoring and data collection for purposes of compliance with the Juvenile Justice and Delinquency Prevention Act. (Added 2017, No. 201 (Adj. Sess.), § 4, eff. May 30, 2018.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 34 - Promotion of Child and Family Resilience › § 3401. Principles for Vermont’s trauma-informed system of care

§ 3401. Principles for Vermont’s trauma-informed system of care
The General Assembly adopts the following principles with regard to strengthening Vermont’s response to trauma and toxic stress during childhood:
(1) Childhood trauma affects all aspects of society. Each of Vermont’s systems addressing trauma, particularly social services; health care, including mental health; education; child care; and the justice system, shall collaborate to address the causes and symptoms of childhood trauma and to build resilience.
(2) Addressing trauma in Vermont requires building resilience in those individuals already affected and preventing childhood trauma within the next generation.
(3) Early childhood adversity is common and can be prevented. When adversity is not prevented, early intervention is essential to ameliorate the impacts of adversity. A statewide, community-based, interconnected, public health and social service approach is necessary to address this effectively. This model shall include training for local leaders to facilitate a cultural change around the prevention and treatment of childhood trauma.
(4) Service systems shall be integrated at the local and regional levels to maximize resources and simplify how systems respond to individual and family needs. All programs and services shall be evidence-informed and research-based, adhering to best practices in addressing trauma and promoting resilience. (Added 2017, No. 43, § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 34 - Promotion of Child and Family Resilience › § 3402. Definitions

§ 3402. Definitions
As used in this chapter:
(1) “Childhood adversity” means experiences that may be traumatic to children and youths during the first 18 years of life, such as experiencing violence or other emotionally disturbing exposures in their homes or communities.
(2) “Resilience” means the ability to respond to, withstand, and recover from serious hardship with coping skills and a combination of protective factors, including a strong community, family support, social connections, knowledge of parenting and child development, concrete support in times of need, and social and emotional competence of children.
(3) “Toxic stress” means strong, frequent, or prolonged experience of adversity without adequate support.
(4) “Trauma-informed” means a type of program, organization, or system that recognizes the widespread impact of trauma and potential paths for recovery; recognizes the signs and symptoms of trauma in clients, families, staff, and others involved in a system; responds by fully integrating knowledge about trauma into policies, procedures, and practices; and seeks actively to resist retraumatization and build resilience among the population served. (Added 2017, No. 204 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3501. Division of Child Development; duties

§ 3501. Division of Child Development; duties
The Division of Child Development shall:
(1) encourage the development of a comprehensive child care services system that promotes the wholesome growth and educational development of children;
(2) facilitate the development of child care facilities;
(3) encourage and promote the provision by child care providers of parenting education, developmentally appropriate activities, and primary prevention services;
(4) facilitate cooperation between the private and public sectors to promote the expansion of child care services;
(5) promote continuing study of child care needs and the most effective methods by which these needs can be served through governmental and private programs;
(6) coordinate activities of the Division with other State agencies serving children and families;
(7) strive to make the State a model employer by encouraging it to offer a variety of child care benefit options to its employees;
(8) provide training for child care providers;
(9) support resource and referral services for parents and providers; and
(10) promote the involvement of businesses and communities in the development of child care services throughout the State by providing technical assistance to providers and potential providers of child care services. (Added 1967, No. 147, § 5; amended 1971, No. 181 (Adj. Sess.); 1973, No. 152 (Adj. Sess.), § 23, eff. April 14, 1974; 2013, No. 131 (Adj. Sess.), § 61, eff. May 20, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3503. Corporal punishment prohibited

§ 3503. Corporal punishment prohibited
(a) As used in this chapter, “corporal punishment” means the intentional infliction of physical pain upon the body of a child as a disciplinary measure.
(b) No person employed by or agent of a licensed or registered child care facility shall inflict or cause to be inflicted corporal punishment upon a child attending the facility. However, this section does not prohibit a person from using reasonable and necessary force:
(1) to quell a disturbance;
(2) to obtain possession of dangerous objects upon the person of or within the control of a child;
(3) for the purpose of self defense; or
(4) for the protection of persons or property. (Added 1983, No. 145 (Adj. Sess.), § 2; amended 2007, No. 172 (Adj. Sess.), § 16; 2021, No. 20, § 320.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3504. Cannabis and tobacco use prohibited at child care facilities

§ 3504. Cannabis and tobacco use prohibited at child care facilities
(a) No person shall be permitted to use cannabis as defined in 18 V.S.A. § 4201 or to cultivate cannabis, or use tobacco products or tobacco substitutes as defined in 7 V.S.A. § 1001, on the premises, both indoor and outdoor, of any licensed child care center or afterschool program at any time.
(b) No person shall be permitted to use cannabis as defined in 18 V.S.A. § 4201, tobacco products, or tobacco substitutes as defined in 7 V.S.A. § 1001 on the premises, both indoors and in any outdoor area designated for child care, of a licensed or registered family child care home while children are present and in care. If use of cannabis or smoking of tobacco products or tobacco substitutes occurs on the premises during other times, the family child care home shall notify prospective families prior to enrolling a child in the family child care home that their child will be exposed to an environment in which cannabis, tobacco products, or tobacco substitutes are used. Cultivation of cannabis in a licensed or registered family child care home is not permitted.
(c) A person who knowingly uses or cultivates cannabis in violation of this section commits a misdemeanor crime and shall be subject to the following penalties:
(1) a fine of not more than $500.00 for a first offense;
(2) a fine of not more than $750.00 for a second offense;
(3) a fine of not more than $1,000.00 for a third or subsequent offense. (Added 2013, No. 135 (Adj. Sess.), § 5; amended 2017, No. 86 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3505. Supplemental child care grants

§ 3505. Supplemental child care grants
(a)(1) The Commissioner for Children and Families may reserve up to one-half of one percent of the child care family assistance program funds for extraordinary financial relief to assist child care programs that are at risk of closing due to financial hardship. The Commissioner shall develop guidelines for providing assistance and shall prioritize extraordinary financial relief to child care programs in areas of the State with high poverty and low access to high quality child care. If the Commissioner determines a child care program is at risk of closure because its operations are not fiscally sustainable, he or she may provide assistance to transition children served by the child care operator in an orderly fashion and to help secure other child care opportunities for children served by the program in an effort to minimize the disruption of services. The Commissioner has the authority to request tax returns and other financial documents to verify the financial hardship and ability to sustain operations.
(2) Annually on or before January 15, the Commissioner shall report to the Senate Committee on Health and Welfare and to the House Committee on Human Services regarding any funds distributed pursuant to subdivision (1) of this subsection. Specifically, the report shall address how funds were distributed and used. It shall also address results related to any distribution of funds.
(b) In instances in which extraordinary financial relief will not maintain ongoing access to high-quality child care, the Department for Children and Families may provide additional support to ensure access to high-quality, comprehensive child care that meets the needs of working parents in high-poverty areas of Vermont. Licensed child care programs may be considered for this additional financial support to help ensure ongoing access to high-quality child care in areas of the State where none exists, as determined by the Commissioner. Financial assistance may be granted, at the discretion of the Commissioner, if the child care program meets the following criteria:
(1) provides full-day child care year-round;
(2) serves infants and toddlers;
(3) is located in a high-poverty area without access to public transportation, as determined by the Commissioner;
(4) maintains a 5 star rating in the STep Ahead Recognition System (STARS) program;
(5) maintains a caseload in which at least 80 percent of enrollees receive a 100 percent child care subsidy; and
(6) receives child care subsidies as its primary source of program revenue. (Added 2013, No. 179 (Adj. Sess.), § E.318; amended 2015, No. 58, § E.318.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3511. Definitions

§ 3511. Definitions
As used in this chapter:
(1) “Child” means an individual under 13 years of age.
(2) “Child care facility” means any place or program operated as a business or service on a regular or continuous basis, whether for compensation or not, whose primary function is protection, care, and supervision of children under 16 years of age outside their homes for periods of fewer than 24 hours a day by a person other than a child’s own parent, guardian, or relative, as defined by rules adopted by the Department for Children and Families, but not including a kindergarten approved by the State Board of Education.
(3) “Child care provider” means a person licensed or registered by the Department for Children and Families, or authorized by the Department, to provide child care.
(4) “Child care services” include developmentally appropriate care and supervision for children under 13 years of age for fewer than 24 hours a day by a child care provider.
(5) “Commissioner” means the Commissioner for Children and Families.
(6) “Division” means the Child Development Division.
(7) “Family child care home” means a child care facility that provides care on a regular basis in the caregiver’s own residence for not more than 10 children at any one time. Of this number, up to six children may be provided care on a full-time basis and the remainder on a part-time basis. As used in this subdivision, care of a child on a part-time basis shall mean care of a school-age child for not more than four hours a day. These limits shall not include children who reside in the residence of the caregiver, except:
(A) These part-time, school-age children may be cared for on a full-day basis during school closing days, snow days, and vacation days that occur during the school year.
(B) During the school summer vacation, up to 12 children may be cared for, provided that at least six of these children are of school age and a second staff person is present and on duty when the number of children in attendance exceeds six. These limits shall not include children who are required by law to attend school (seven years of age and older) and who reside in the residence of the caregiver.
(8) “Training” means an activity, approved by the Commissioner or the Commissioner’s designee, that is likely to lead to employment or required to maintain employment. (Added 1987, No. 205 (Adj. Sess.), § 6; amended 1997, No. 31, § 1; 2005, No. 174 (Adj. Sess.), § 110; 2007, No. 172 (Adj. Sess.), § 17; 2013, No. 131 (Adj. Sess.), § 63, eff. May 20, 2014; 2019, No. 161 (Adj. Sess.), § 1, eff. Oct. 5, 2020; 2019, No. 161 (Adj. Sess.), § 2, eff. Sept. 1, 2021.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3513. Protective and family support child care services

§ 3513. Protective and family support child care services
The Division shall establish a program that subsidizes, in whole or in part, the cost of child care services provided to protective services children or to families for the purpose of preserving, rehabilitating, or reunifying such families. (Added 1987, No. 205, (Adj. Sess.), § 6; amended 2013, No. 131 (Adj. Sess.), § 64, eff. May 20, 2014.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3514. Payment to providers [Effective January 2, 2024]

§ 3514. Payment to providers [Effective January 2, 2024]
(a)(1) The Commissioner shall establish a payment schedule for purposes of reimbursing providers for full- or part-time child care services rendered to families who participate in the programs established under section 3512 or 3513 of this title. The payment schedule shall account for the age of the children served, and all providers in the same child care setting category shall receive a reimbursement rate payment, which shall be dependent upon whether the provider operates a child care center and preschool program, family child care home, or afterschool or summer care program.
(2) Payments shall be based on enrollment. The Department, in consultation with the Office of Racial Equity and stakeholders, shall adopt rules pursuant to 3 V.S.A. chapter 25 that define “enrollment” and the total number of allowable absences to continue participating in the Child Care Financial Assistance Program. The Department shall minimize itemization of absence categories.
(b) The Commissioner may establish a separate payment schedule for child care providers who have received specialized training, approved by the Commissioner, relating to protective or family support services.
(c) [Repealed.] (Added 1987, No. 205 (Adj. Sess.), § 6; amended 2005, No. 174 (Adj. Sess.), § 111; 2021, No. 45, § 3, eff. Oct. 1, 2021; 2023, No. 76, § 8a, eff. July 1, 2023; 2024, No. 76, § 9, eff. Jan. 1, 2024; 2024, No. 76, § 9a, eff. July, 2024; 2023, No. 76, § 9, eff. January 1, 2024.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3515. Child care quality and capacity incentive program [Effective July 1, 2024]

§ 3515. Child care quality and capacity incentive program [Effective July 1, 2024]
(a) The Commissioner shall establish a child care quality and capacity incentive program for child care providers participating in the Child Care Financial Assistance Program pursuant to sections 3512 and 3513 of this title. Annually, consistent with funds appropriated for this purpose, the Commissioner may provide a child care provider with an incentive payment for the following achievements:
(1) achieving a higher level in the quality rating and improvement system, including increasing access to and provision of culturally competent care and multilingual programming and providing other family support services similar to those provided in approved Head Start programs;
(2) increasing infant and toddler capacity;
(3) maintaining existing infant and toddler capacity;
(4) establishing capacity in regions of the State that are identified by the Commissioner as underserved;
(5) providing nonstandard hours of child care services;
(6) completing a Commissioner-approved training on protective or family support services; and
(7) other quality- or capacity-specific criteria identified by the Commissioner.
(b) The Commissioner shall maintain a current incentive payment schedule on the Department’s website. (Added 2023, No. 76, § 10, eff. July 1, 2024.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3516. Child care waitlist and application fees

§ 3516. Child care waitlist and application fees
A child care provider shall not charge an application or waitlist fee for child care services where the applying child qualifies for the Child Care Financial Assistance Program pursuant to section 3512 or 3513 of this title. A child care provider shall reimburse an individual who is charged an application or waitlist fee for child care services if it is later determined that the applying child qualified for the Child Care Financial Assistance Program at the time the fee or fees were paid. (Added 2023, No. 76, § 11, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3517. Child care tuition rates

§ 3517. Child care tuition rates
A child care provider shall ensure that its tuition rates are available to the public. A regulated child care provider shall not impose an increase on annual child care tuition that exceeds 1.5 times the most recent annual increase in the NAICS code 611, Educational Services. This amount shall be posted on the Department’s website annually. (Added 2023, No. 76, § 12, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3518. Child care provider ownership disclosure

§ 3518. Child care provider ownership disclosure
(a) As used in this section:
(1) “Affiliate” means a person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person.
(2) “Controls,” “is controlled by,” and “under common control” mean the power to direct, or cause the direction or management and policies of a person, whether through the direct or beneficial ownership of voting securities, by contract, or otherwise. A person who directly or beneficially owns 10 percent or more equity interest, or the equivalent thereof, of another person shall be deemed to control the person.
(3) “Licensee” means a person that the Department approves to receive Child Care Financial Assistance Program funding for child care services pursuant to a provider rate agreement.
(4) “Principal” means one of the following:
(A) the president, vice president, secretary, treasurer, manager, or similar officer of a corporation as provided for by 11A V.S.A. § 8.40, nonprofit corporation as provided for by 11B V.S.A. § 8.40, mutual benefit enterprise as provided for by 11C V.S.A. § 822, cooperative as provided for by 11 V.S.A. § 1013, or worker cooperative corporation as provided for by 11 V.S.A. § 1089;
(B) a director of a corporation as provided for by 11A V.S.A. § 8.01, nonprofit corporation as provided for by 11B V.S.A. § 8.01, mutual benefit enterprise as provided for by 11C V.S.A. § 801, cooperative as provided for by 11 V.S.A. § 1006, or worker cooperative corporation as provided for by 11 V.S.A. § 1089;
(C) a member of a member-managed limited liability company as provided for by 11 V.S.A. § 4054;
(D) manager of a manager-managed limited liability company as provided for by 11 V.S.A. § 4054; or
(E) a partner of a partnership as provided for by 11 V.S.A. § 3212 or a general partner of a limited partnership as provided for by 11 V.S.A chapter 23.
(b) Disclosure. The Department shall adopt procedures to require each licensee to disclose, as a condition of receiving Child Care Financial Assistance Program funding pursuant to a provider rate agreement:
(1) the type of business organization of the licensee;
(2) the identity of the licensee’s owners and principals; and
(3) the identity of the owners and principals of the licensee’s affiliates. (Added 2023, No. 76, § 12a, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3519. Diversity, equity, and inclusion

§ 3519. Diversity, equity, and inclusion
The Department shall consult with the Office of Racial Equity in preparing all public materials and trainings related to the Child Care Financial Assistance Program. (Added 2023, No. 76, § 12b, eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3522. Loan program

§ 3522. Loan program
(a) The State Economic Opportunity Office shall administer a low-interest loan program.
(b) Loans may be made to persons unable to obtain conventional financing for the purpose of establishing or expanding or renovating a child care facility in this State. The terms of the loans shall be determined by the State Economic Opportunity Office, but shall not be made in an amount in excess of $10,000.00 to any single applicant, nor at a rate to exceed eight and one-half percent, simple interest per annum.
(c) A Child Care Facilities Financing Revolving Loan Fund shall be established for the Child Care Facilities Financing Program within the State Economic Opportunity Office of the Agency of Human Services. The Fund shall contain appropriations provided for that purpose and all repayments of principal and interest of loans under this section. Interest earnings may be used for administration of this Program.
(d) The Director of the Office of Economic Opportunity shall establish by rule, the criteria, conditions, and procedures that will be used in administering the provisions of this subchapter. (Added 1987, No. 206 (Adj. Sess.); amended 1995, No. 188 (Adj. Sess.), § 7; 2005, No. 174 (Adj. Sess.), § 113.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3531. Child care—Building Bright Spaces for Bright Futures Funds

§ 3531. Child care—Building Bright Spaces for Bright Futures Funds
(a) A child care facilities financing program is established to facilitate the development and expansion of child care facilities in the State. The Program shall be administered by the Department for Children and Families.
(b) The Program shall be supported from a special fund, to be known as the “Building Bright Spaces for Bright Futures Fund,” referred to in this section as “the Bright Futures Fund,” hereby created for this purpose to be administered by the Commissioner for Children and Families. Subject to approvals required by 32 V.S.A § 5, the Fund may accept gifts and donations from any source, and the Commissioner may take appropriate actions to encourage contributions and designations to the account, including publicizing explanations of the purposes of the Fund and the uses to which the Bright Futures Fund has been or will be applied.
(c) Funds appropriated for this Program shall be used by the Commissioner to award grants to eligible applicants for the development and expansion of child care options and community programs targeted for youths 14 through 18 years of age. These options may include recreational programs and related equipment or facilities, development or expansion of child care facilities, and community-based programs that address specific child care and youth program needs of the applicant region. The Commissioner shall establish by rule, criteria, conditions, and procedures for awarding such grants and administering this Program. (Added 2001, No. 142 (Adj. Sess.), § 139; amended 2003, No. 66, § 138; 2013, No. 131 (Adj. Sess.), § 66, eff. May 20, 2014; 2021, No. 20, § 321.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3541. Scholarships for current early childhood providers

§ 3541. Scholarships for current early childhood providers
(a) There is established a need-based scholarship program for individuals employed by a regulated, privately operated center-based child care program or family child care home while acquiring credits in early childhood development or that are related directly to working with children from birth through eight years of age.
(b) The Department for Children and Families may contract for the administration of the program set forth in subsection (a) of this section and adopt policies, procedures, and guidelines necessary for its implementation.
(c) Scholarships distributed pursuant to this section shall be available on a first-come, first-served basis until any appropriated funds are depleted.
(d) An individual shall not simultaneously participate in the scholarship program set forth in this section and the student loan repayment assistance program set forth in section 3543 of this title. (Added 2021, No. 45, § 6; Amended 2021, No. 76, § 17(a), eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3542. Scholarships for prospective early childhood providers

§ 3542. Scholarships for prospective early childhood providers
(a)(1) There is established a need-based scholarship program for individuals pursuing a college degree in early childhood education or early childhood special education. The scholarship program shall provide financial assistance up to the full cost of tuition for an eligible individual.
(2) An eligible individual shall:
(A) attend a Vermont college or university at least part-time;
(B) be pursuing an associates or bachelor’s degree in early childhood education or early childhood special education; and
(C) commit to working in a regulated, privately operated center-based child care program or family child care home in Vermont for years equal to those in which scholarship monies are sought under this section.
(b)(1) The Department for Children and Families shall adopt policies, procedures, and guidelines necessary for implementation of the program described in subsection (a) of this section.
(2) The Department may contract for the administration of the program. Administration costs shall not be more than 10 percent of the total appropriation received to implement this section.
(c)(1) Scholarships distributed pursuant to this section shall be available on a first-come, first-served basis until any appropriated funds are depleted.
(2) An eligible individual who does not work the required number of years in a regulated, privately operated center-based child care program or family child care home in Vermont after completion of the individual’s degree program shall repay scholarship monies received under this section commensurate with the balance of the eligible individual’s time commitment.
(d) An individual shall not simultaneously participate in the scholarship program set forth in this section and the student loan repayment assistance program set forth in section 3543 of this title. (Added 2021, No. 45, § 6; repealed on July 1, 2026 by 2021, No. 45, § 8(b) and 2023, No. 76, § 17(b).)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 35 - Child Care › § 3543. Student loan repayment assistance

§ 3543. Student loan repayment assistance
(a)(1) There is established a need-based student loan repayment assistance program for the purpose of providing student loan repayment assistance to any individual employed by a regulated, privately operated center-based child care program or family child care home.
(2) An eligible individual shall:
(A)(i) work in a privately operated center-based child care program or in a family child care home that is regulated by the Division for at least an average of 30 hours per week for 48 weeks of the year; or
(ii) if the individual is an employee of a Vermont Head Start program that operates fewer than 48 weeks per year, work a minimum of nine months of the year, inclusive of any employer-approved time off; or
(B) receive an annual salary of not more than $60,000.00 through the individual’s work in regulated child care; and
(C)(i) have earned an associate’s, bachelor’s, or master’s degree with a major or concentration in early childhood, child and human development, elementary education, special education with a birth to age eight focus, or child and family services; or
(ii) have earned an associate’s, bachelor’s, or master’s degree that contributes to an Early Childhood Career Ladder Certificate Level IIIB or higher through Northern Lights at the Community College of Vermont.
(3) To participate in the program set forth in this section, an eligible individual shall submit to the Department for Children and Families documentation expressing the individual’s intent to work in a regulated, privately operated center-based child care program or family child care home for at least the 12 months following the annual loan repayment award notification. A participant may receive up to $4,000.00 annually in student loan repayment assistance, which shall be distributed by the Department in four allotments. The Department shall distribute at least one-quarter of the individual’s total annual benefit after the individual has completed three months of employment in accordance with the program. The remainder of an individual’s total annual benefit shall be distributed by the Department every three months after the initial payment.
(b)(1) The Department shall adopt policies, procedures, and guidelines necessary to implement the provisions of this section.
(2) Student loan repayments shall be available pursuant to this section on a first-come, first-served basis until appropriated funds are depleted.
(3) The Department may contract for the administration of the program. Administration costs shall not be more than 10 percent of the total appropriation received to implement this section.
(c) An individual shall not simultaneously participate in the student loan repayment assistance program set forth in this section and either of the scholarship programs set forth in section 3541 or 3542 of this title. (Added 2021, No. 45, § 6; amended 2021, No. 183 (Adj. Sess.), § 37, eff. July 1, 2022; 2023, No. 3, § 88, eff. March 20, 2023; 2023, No. 6, § 393, eff. July 1, 2023; 2023, No. 76, § 17(c), eff. July 1, 2023.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 36 - Early Care and Education Providers Labor Relations Act › § 3601. Purpose

§ 3601. Purpose
(a) The General Assembly recognizes the right of all early care and education providers to bargain collectively with the State over matters within the State’s control and identified as subjects of bargaining pursuant to subsection 3603(b) of this chapter.
(b) The General Assembly intends to create an opportunity for early care and education providers to choose to form a union and bargain with the State over matters within the State’s control and identified as subjects of bargaining pursuant to subsection 3603(b) of this chapter.
(c) Specific terms and conditions of employment, which are the subject of traditional collective bargaining between employers and employees, are outside the limited scope of this chapter.
(d) The matters subject to this chapter are those within the control of the State of Vermont and relevant to all early care and education providers.
(e) Early care and education providers do not forfeit their rights 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, by becoming members of an organization that represents them in their dealings with the State. The terms and conditions of employment with individual early care and education providers, which are the subjects of traditional collective bargaining between employers and employees and which are governed by federal law, 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 › § 3602. Definitions

§ 3602. Definitions
As used in this chapter:
(1) “Board” means the State Labor Relations Board established under 3 V.S.A. § 921.
(2) “Collective bargaining” or “bargaining collectively” means the process by which the State and the exclusive representative of early care and education providers negotiate terms or conditions related to the subjects of collective bargaining identified in subsection 3603(b) of this chapter that when reached and funded shall be legally binding.
(3) “Early care and education provider” means a licensed child care home provider, a registered child care home provider, or a legally exempt child care home provider, which is defined by the Legally Exempt Child Care Provider Requirements set forth by the Vermont Department for Children and Families, Child Development Division, who provides child care services as defined in subdivision 3511(4) of this title.
(4) “Exclusive representative” means the labor organization that has been elected or recognized and certified by the Board under this chapter and consequently has the exclusive right under section 3608 of this chapter to represent early care and education providers for the purpose of collective bargaining and the enforcement of any contract provisions.
(5) “Grievance” means the exclusive representative’s formal written complaint regarding an improper application of one or more terms of the collective bargaining agreement.
(6) “Subsidy payment” means any payment made by the State to assist families in paying for child care services through the State’s child care financial assistance program. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)