Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 110 - DEPARTMENT OF DISABILITIES, AGING AND INDEPENDENT LIVING › Chapter 012 - LICENSING AND OPERATING REGULATIONS FOR THERAPEUTIC COMMUNITY RESIDENCES › Section 13 110 012 - LICENSING AND OPERATING REGULATIONS FOR THERAPEUTIC COMMUNITY RESIDENCES

Current through June, 2024
Section I.
				General Provisions.
1.1 Introduction
The concept of the therapeutic community residence evolved
				  from a consensus that people are best helped and cared for within an
				  environment that resembles the best aspects of life in the broader community.
				  The establishment of standards is a matter of critical importance to insure
				  that the needs of people being served are met and that quality of treatment is
				  maintained.
Therapeutic community residences tend to be small and
				  characterized by a sharing of a common life. Their programs are based on the
				  expectation that people with life adjustment issues can be given help that will
				  lead to their being able to sustain themselves within the broader community.
				  This intent to provide transitional, growth-enhancing care, rather than
				  permanent or long term maintenance, is reflected in a dynamic approach to
				  programming.
Therapeutic community residences should seek to be flexible
				  and sensitive to changing needs in order to influence the growth and change of
				  the individuals whom they serve. Generally, therapeutic community residences
				  are used by people who are experiencing problems in coping with such
				  difficulties as substance abuse, psychiatric disabilities, traumatic brain
				  injuries, cognitive and developmental disabilities, family dysfunctions and
				  delinquency.
The complexity of these problems suggests the need for a
				  variety of treatment approaches. For this reason, these rules, while suggesting
				  a specific program model based on prevailing practices within therapeutic
				  community residences, allow for alternative program standards that might better
				  meet the needs of a given group of residents. Such proposed alternative
				  standards are intended to ensure a comparable level of quality and
				  accountability. Specific guidelines for proposing alternative treatment
				  standards are set forth in subsection 4.18.
1.2 Statutory Authority These rules are
				adopted pursuant to 18 VSA, Chapter 45 § 2003, 2014, 33 V.S.A. §
				7117; 2012 Acts and Resolves No. 79 and No. 160.
1.3 Statement of Intent Upon the effective
				date of these regulations, all therapeutic community residences in Vermont
				shall be required to adhere to the regulations as adopted.
1.4 Exception and Severability If any
				provision of these regulations, or the application of any provision of these
				regulations, is determined to be invalid, the determination of invalidity will
				not affect any other provision of these regulations or the application of any
				other provision of these regulations.
1.5 Taxes
The applicant and licensee shall be in good standing with the
				  Vermont Department of Taxes, pursuant to 32 V.S.A. § 3113. Failure to do
				  so shall result in denial or revocation of license.
1.6 Material Misstatements
Any applicant or licensee who makes a material misstatement
				  relating to the law or these regulations may be subject to denial of license,
				  monetary fine, suspension and/or revocation of license.
1.7 Appeals
A person or entity aggrieved by a decision of the licensing
				  agency may file a request for a fair hearing with the Human Services Board as
				  provided in 3 V.S.A. § 3091 pursuant to subsections 4.15.a(8), 4.15.C,
				  4.15.d of these regulations.