Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 172 - DEPARTMENT FOR CHILDREN AND FAMILIES (DCF); FAMILY SERVICES DIVISION › Chapter 001 - LICENSING REGULATIONS FOR RESIDENTIAL TREATMENT PROGRAMS › Section 13 172 001 - LICENSING REGULATIONS FOR RESIDENTIAL TREATMENT PROGRAMS

Current through June, 2024
Statutory Authority.
Pursuant to
				  33 VSA, §
										306(b)(1)-(7) and
				  3501,
				  the Vermont Department for Children and Families is the agency of government
				  authorized and responsible for the regulation of Residential Treatment Programs
				  for children/youth and the promulgation of standards governing these
				  programs.
SCOPE AND APPLICABILITY OF
							 REGULATIONS
These licensing regulations provide for the protection and
				  well being of children/youth in Residential Treatment Programs. They are
				  intended to ensure a basic quality of care and ensure the human rights of
				  residents.
A Residential Child Care Facility is a place, however named,
				  which provides a planned program aimed at behavioral change, administered by
				  qualified staff, for children in a twenty-four hour residential setting. This
				  definition does not include family foster homes, summer camping programs,
				  facilities approved by other departments of the Agency of Human Services, or
				  other facilities exempted under the provisions of
				  33 V.S.A. §
										3501.
Vermont laws regulating licensing of Residential Treatment
				  Programs are set forth in Title 33 of the Vermont Statutes Annotated and read
				  as follows:
§ 306. Administrative provisions:
(b) "This subsection shall apply to all
				licenses, registrations and applications for licenses and registrations which
				the commissioner or the department may issue or grant, unless otherwise
				specifically provided.
(1) The commissioner
				shall issue regulations governing application for, and issuance, revocation,
				term and renewal of licenses and registration. In the regulations [the
				commissioner] may prescribe standards and conditions to be met, records to be
				kept and reports to be filed. Licenses and registration shall be for a term of
				one year from issuance unless otherwise prescribed by regulation.
(2) Premises covered by a license or
				registration may be visited and inspected by the department at reasonable
				hours. A person who accepts a license or registration shall permit visits and
				inspections and examinations of the record [the licensee or registrant] is
				required to keep.
(3) A license or
				registration may be revoked for cause after hearing and may be suspended in
				situations which immediately imperil the health, safety or well-being of
				persons in the care of the licensee or registrant.
(4) Before a license is granted, the
				department shall visit and inspect the premises for which the license is
				requested, and make further inquiry and investigation as the commissioner may
				direct."
(5) Whenever the attorney
				general has reason to believe that a facility required by the commissioner to
				be licensed or registered is being operated without such license or
				registration, the attorney general may bring an action for equitable relief in
				the name of the state against the operator of such facility to restrain such
				operation. The action may be brought in the superior court of the county in
				which the facility is located. Said courts are authorized to grant equitable
				relief to restrain and prevent such operation.
(6) Any person who violates the terms of an
				injunction or restraining order issued under section 306(b)(5) shall forfeit
				and pay to the state a civil penalty of not more than $ 100.00 for each
				violation. In such cases the attorney general acting in the name of the state
				may petition for recover of such civil penalty.
(7) Whenever the department determines that a
				licensed child care facility or registered family child care home has violated
				a health or safety rule, the facility or home shall post the department's
				notice of violation in a conspicuous place in the facility or home. In the case
				of a serious violation, as defined by the department by rule, the facility or
				home shall also notify a person responsible for the welfare of each child
				attending that facility or home, by mail. A serious violation shall include
				violation of group size and staffing requirements and any violation involving a
				situation which immediately imperils the health, safety or well-being of person
				in the care of the licensee or registrant.