Title 33, Human Services

§ 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…

§ 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 serv…

§ 3211. Oversight Commission on Children, Youths, and Families (a) Creation. There is created the Oversight Commission on Children, Youths, and Families to provide guidance and recommendations to the Office of the Child, Youth, and Family Advocate. (b) Membership. The Commission …

§ 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 …

§ 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 a…

§ 3303. Council duties and responsibilities (a) Subject to the provisions of section 3309 of this title, the Council shall support monitoring and reporting compliance with the core requirements of the JJRA, including: (1) the deinstitutionalization of status offenders; (2) the se…

§ 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 Pre…

§ 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…

§ 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) “Res…

§ 3403. Director of Trauma Prevention and Resilience Development (a) There is created the permanent position of Director of Trauma Prevention and Resilience Development within the Office of the Secretary in the Agency of Human Services for the purpose of directing and coordinatin…

§ 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 c…

§ 3502. Child care facilities; school age care in public schools; 21st Century Fund (a) Unless exempted under subsection (b) of this section, a person shall not operate a child care facility without a license or operate a family child care home without registration from the Depar…

§ 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…

§ 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 indoo…

§ 3505. Supplemental child care grants (a)(1)(A) The Commissioner for Children and Families may utilize up to one-half of one percent of funds appropriated for the Child Care Financial Assistance Program in a fiscal year for extraordinary financial relief to assist child care pro…

§ 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 …

§ 3512. Child Care Financial Assistance Program; eligibility (a)(1) The Child Care Financial Assistance Program is established to subsidize the costs of child care for families that need child care services in order to obtain employment, to retain employment, or to obtain trainin…

§ 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 reunify…

§ 3514. Payment to providers (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 …

§ 3515. Child care quality and capacity incentive program (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 titl…

§ 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 chil…

§ 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 co…

§ 3518. Child care provider ownership disclosure (a) Definitions. 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 cont…

§ 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.)

§ 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. Th…

§ 3531. Child care – Building Bright Futures Fund (a) An early childhood services financing program is established to facilitate the development and expansion of early childhood service programs in the State. This financing program shall be administered by the Department for Chil…

§ 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 de…

§ 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 progra…

§ 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 …

§ 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 educat…

§ 3603. Establishment of collective bargaining (a) Early care and education providers, through their exclusive representative, shall have the right to bargain collectively with the State through the Governor’s designee. (b)(1) Mandatory subjects of bargaining are limited to: (A) …

§ 3604. Rights of early care and education providers Early care and education providers shall have the right to: (1) organize, form, join, or assist any union or labor organization for the purpose of collective bargaining without any interference, restraint, or coercion; (2) barg…

§ 3605. Rights of the State Nothing in this chapter shall be construed to interfere with the right of the State to: (1) carry out the statutory mandate and goals of the Agency of Human Services and to use personnel, methods, and means in the most appropriate manner possible; (2) …

§ 3606. Bargaining unit (a) The bargaining unit shall be composed of licensed home child care providers, registered home child care providers, and legally exempt child care providers, as defined in this chapter, who have an agreement with the Department to accept a subsidy. (b) E…

§ 3607. Petitions for election; filing; investigations; hearings; determinations (a) A petition may be filed with the Board in accordance with rules prescribed by the Board: (1) By an early care and education provider or group of providers or any individual or labor organization …

§ 3608. Election; runoff elections (a) If a question of representation exists, the Board shall conduct a secret ballot election to determine the exclusive representative of the unit of early care and education providers. The original ballot shall be prepared to permit a vote agai…

§ 3609. Powers of representatives The exclusive representative shall be the exclusive representative of all the early care and education providers in the unit for the purposes of collective bargaining and the resolution of grievances. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. …

§ 3610. Negotiated agreement; funding (a) If the State and the exclusive representative reach an agreement, the Governor shall request from the General Assembly an appropriation sufficient to fund the agreement in the next operating budget. If the General Assembly appropriates su…

§ 3611. Mediation; fact-finding; last best offer (a) If, after a reasonable period of negotiation, the exclusive representative and the State reach an impasse, the Board upon petition of either party may authorize the parties to submit their differences to mediation. Within five …

§ 3612. General duties and prohibited conduct (a) The State and all early care and education providers and their representatives shall exert every reasonable effort to make and maintain agreements concerning matters allowable under this chapter and to settle all disputes, whether…

§ 3613. Antitrust exemption The activities of early care and education providers and their exclusive representatives that are necessary for the exercise of their rights under this chapter shall be afforded State action immunity under applicable federal and State antitrust laws. T…

§ 3614. Rights unaltered (a) This chapter does not alter or infringe upon the rights of: (1) a parent or legal guardian to select and discontinue child care services of any early care and education provider; (2) an early care and education provider to choose, direct, and terminat…

§ 3615. Rules The Board shall make and may amend, rescind, and adopt such rules consistent with this chapter as may be necessary to carry out the provisions of this chapter. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014; amended 2021, No. 20, § 325.)

§ 3616. Appeal (a) Any person aggrieved by an order or decision of the Board issued under the authority of this chapter may appeal on questions of law to the Supreme Court. (b) An order of the Board shall not automatically be stayed pending appeal. A stay must first be requested …

§ 3617. Enforcement (a) Orders of the Board issued under this chapter may be enforced by any party or by the Board by filing a petition with the Civil Division of the Superior Court of Washington County or in the Civil Division of the Superior Court in the county in which the act…

§ 3618. Automatic membership dues deduction Early care and education providers who are members of the labor organization shall have the right to automatic membership dues deductions. Upon receipt of a signed authorization to commence automatic membership dues deductions from an e…