Title 18, Health

§ 8839. Definitions As used in this subchapter: (1) “Commissioner” means the Commissioner of Disabilities, Aging, and Independent Living. (2) “Designated program” means a program designated by the Commissioner as adequate to provide in an individual manner appropriate custody, ca…

§ 8844. Legal competence No determination that a person is in need of custody, care, and habilitation or in need of continued custody, care, and habilitation and no order authorizing commitment shall lead to a presumption of legal incompetence. (Added 1987, No. 248 (Adj. Sess.), …

§ 8845. Petition and order for continued custody, care, and habilitation (a)(1) If, prior to the expiration of any previous commitment order issued in accordance with 13 V.S.A. § 4823 or this subchapter, the Commissioner believes that the person is a person in need of continued c…

§ 8846. Right to initiate review A person may initiate a judicial review in the Family Division of the Superior Court or an administrative review under this subchapter at any time after 90 days following a current order of commitment or continued commitment and not earlier than s…

§ 8847. Discharge from commitment (a) A person committed under 13 V.S.A. § 4823 or this subchapter may be discharged as follows: (1) by a Family Division Superior Court judge after review of an order of custody, care, and habilitation or an order of continued custody, care, and h…

§ 8848. Right to counsel Persons subject to commitment, continued commitment, or self-initiated review pursuant to section 8846 of this subchapter shall have a right to counsel as provided in section 7111 of this title. (Added 1987, No. 248 (Adj. Sess.), § 9; renumbered from 18 V…

§ 8901. Purpose The purpose of this chapter is to expand community mental health and developmental disability services; to encourage participation in such a program by persons in local communities; to obtain better understanding of the need for community mental health and develop…

§ 8907. Designation of agencies to provide mental health and developmental disability services (a) Except as otherwise provided in this chapter, the Commissioners of Mental Health and of Disabilities, Aging, and Independent Living shall, within the limits of funds designated by t…

§ 8908. Local community services plan Each designated community mental health and developmental disability agency shall determine the need for community mental health and developmental disability services within the area served by the agency and shall thereafter prepare a local c…

§ 8909. Boards of directors of nonprofit corporations designated as community mental health and developmental disability agencies (a) The board of a nonprofit corporation that is designated by the Commissioner of Mental Health or of Disabilities, Aging, and Independent Living to …

§ 8910. State aid; fees (a) Upon application to the Commissioner by a designated community mental health and developmental disability agency, the Commissioner of the appropriate Department may grant to the agency funds to be used for carrying out its mental health and development…

§ 8911. Powers of the Commissioners (a) If the Commissioners after discussion with the board of a community mental health and developmental disability agency determine that the local community services plan required by section 8908 of this chapter is inadequate to meet the needs …

§ 8912. Contracts with nondesignated agencies The Commissioners may enter into agreements with local community mental health and developmental disability agencies or with any public or private agency for the purpose of establishing specialized services that are needed by persons …

§ 8913. Minimum program standards and other regulations (a) The Commissioners shall establish minimum program standards for services provided by community mental health and developmental disability agencies. Minimum program standards shall specify the basic activities and resourc…

§ 8914. Rates of payments to designated and specialized service agencies The Secretary of Human Services shall calculate the Departments of Health’s, of Mental Health’s, and of Disabilities, Aging, and Independent Living’s rates of payments for designated and specialized service …

§ 8915. Provision for agreements with case management entities Notwithstanding any provision of law to the contrary, the Commissioner of Disabilities, Aging, and Independent Living may enter into agreements with case management entities to support local communities. The Commissio…

§ 9001. Purpose—Article I The party states find that the proper and expeditious treatment of the mentally ill and developmentally disabled can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states f…

§ 9002. Definitions—Article II As used in this compact: (a) “Sending state” shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent. (b) “Receiving state” shall mean a pa…

§ 9003. Institutionalization of patients—Article III (a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or developmental disability, he or she shall be eligible for care and treatment in an institution …

§ 9004. Aftercare and supervision—Article IV (a) Whenever pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If…

§ 9005. Escape of patients—Article V Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calcula…

§ 9006. Transportation—Article VI The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all state…

§ 9007. Costs— Article VII (a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving…

§ 9008. Guardians—Article VIII (a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient’s guardian on his or her own behalf or in respect of any patient for whom he or she may serve, except t…

§ 9009. Criminal patients—Article IX (a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to t…

§ 9010. Compact administrator—Article X (a) Each party state shall appoint a “compact administrator” who, on behalf of his or her state, shall act as general coordinator of activities under the compact in his or her state and who shall receive copies of all reports, correspondenc…

§ 9011. Supplementary agreements—Article XI The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative bas…

§ 9012. Adoption; effect—Article XII This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oc…

§ 9013. Withdrawal—Article XIII (a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administ…

§ 9014. Construction; separability of provisions—Article XIV This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be c…

§ 9051. Administrator The Commissioner of Mental Health is hereby designated the Compact Administrator. The Commissioner shall administer the compact set out as subchapter 1 of this chapter with the power and duties therein specified and shall have authority to incur, on behalf o…

§ 9052. Transfer of patients The Compact Administrator shall consult with the immediate family of any person whom he or she proposes to transfer from a State institution to an institution in another state which is a party to this compact and shall take final action as to the tran…

§ 9101. Definitions The words “flight” and “fled” as used in this chapter shall be construed to mean any voluntary or involuntary departure from the jurisdiction of the court where the proceedings hereinafter mentioned may have been instituted and are still pending, with the effe…

§ 9102. Who may be extradited A person alleged to be of unsound mind found in this State, who has fled from another state, shall, on demand of the executive authority of the state from which he or she fled, be delivered up to be removed thereto, if at the time of his or her fligh…

§ 9103. Duty of Governor When the executive authority of any state demands of the Governor any fugitive within the purview of section 9102 of this title and produces a copy of the commitment, decree, or other judicial process and proceedings, certified as authentic by the Governo…

§ 9104. Limitation on proceedings Any proceedings under this chapter shall be begun within one year after the flight therein referred to. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)

§ 9105. Uniformity of interpretation This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968.)

§ 9301. Policy It is the policy of the State of Vermont to ensure that citizens with developmental disabilities receive such protection and assistance as is necessary to allow them to live safely within the communities of this State. In furtherance of this policy, this chapter is…

§ 9302. Definitions As used in this chapter: (1) “Person with developmental disabilities” means: (A) a person with a severe, chronic disability that must arise before the person reaches the age of 18, and results in: (i) intellectual disability, autism, or pervasive developmental…

§ 9303. Jurisdiction and venue (a) The Family Division of the Superior Court shall have exclusive jurisdiction over all proceedings brought under the authority of this chapter. Proceedings under this chapter shall be commenced in the Family Division of the Superior Court for the …

§ 9304. Eligibility for guardianship of the person Guardianship may be provided to any person with developmental disabilities who: (1) is at least 18 years of age; and (2) is in need of supervision and protection for the person’s own welfare or the public welfare. (Added 1977, No…

§ 9305. Petition for guardianship Any interested person with knowledge of the facts alleged may request the State’s Attorney having jurisdiction to file a petition with the Family Division of the Superior Court alleging that person is developmentally disabled and in need of guard…

§ 9306. Comprehensive evaluation (a) The Family Division of the Superior Court shall mail a copy of any petition filed pursuant to section 9305 of this title to the Commissioner, who shall promptly arrange for the preparation of a comprehensive evaluation of the respondent. The e…

§ 9307. Notice of petition and hearing Within five days after filing the petition, the court shall fix a time and place for hearing and shall mail a copy of the petition and notice of hearing to the respondent; the respondent’s counsel; the guardian for the respondent, if any; th…

§ 9308. Appointment of counsel Upon the filing of the petition, the court shall appoint counsel for the respondent, and shall notify the respondent of the name, address, and telephone number of the appointed counsel. Compensation shall be paid by the Department to counsel assigne…

§ 9309. Hearing and appeal (a) The respondent, the State’s Attorney, and all other persons to whom notice has been given pursuant to section 9307 of this title may attend the hearing and testify. The court may in its discretion receive the testimony of any other person. The respo…