§ 8725. System of care plan
§ 8725. System of care plan (a) Every three years, the Department shall adopt a plan for the nature, extent, allocation, and timing of services consistent with the principles of service set forth in section 8724 of this title that will be provided to people with developmental disabilities and their families. (b)(1) The Commissioner shall […]
§ 8721. Purpose
§ 8721. Purpose It is the policy of the State of Vermont that each citizen with a developmental disability shall have the following opportunities: (1) To live in a safe environment with respect and dignity. (2) To live with family or in a home of his or her choice. (3) To make choices which affect […]
§ 8722. Definitions
§ 8722. Definitions As used in this chapter: (1) “Department” means the Department of Disabilities, Aging, and Independent Living. (2) “Developmental disability” means a severe, chronic disability of a person that is manifested before the person reaches 18 years of age and results in: (A) intellectual disability, autism, or pervasive developmental disorder; and (B) deficits […]
§ 8723. Department of Disabilities, Aging, and Independent Living; duties
§ 8723. Department of Disabilities, Aging, and Independent Living; duties The Department shall plan, coordinate, administer, monitor, and evaluate State and federally funded services for people with developmental disabilities and their families within Vermont. The Department shall be responsible for coordinating the efforts of all agencies and services, government and private, on a statewide basis […]
§ 8707. Competency to consent; procedure
§ 8707. Competency to consent; procedure (a)(1) If the physician from whom the sterilization has been sought refuses to perform the sterilization because he or she is not satisfied that the person with an intellectual disability has the ability to give the informed consent required by section 8706 of this title, the person with an […]
§ 8708. Involuntary sterilization
§ 8708. Involuntary sterilization (a) Any sterilization sought on behalf of a person with an intellectual disability or requested by any person denied a voluntary sterilization by section 8707 of this title shall be considered an involuntary sterilization. (b) Involuntary sterilizations may be performed only after a hearing in the Superior Court pursuant to sections […]
§ 8709. Petition and notice of hearing
§ 8709. Petition and notice of hearing (a) Any adult with an intellectual disability, his or her parent, private guardian, near relative, as defined in section 8821 of this title, or physician, may file a petition in the Superior Court alleging that the person has an intellectual disability and is in need of sterilization. (b) […]
§ 8710. Appointment of counsel
§ 8710. Appointment of counsel The respondent shall be represented by counsel throughout the proceeding. Upon filing of the petition the court shall notify the respondent that he or she shall be afforded the right to counsel. If the petition states that the respondent is unable to pay for counsel, the court shall appoint counsel […]
§ 8711. Conduct of hearing
§ 8711. Conduct of hearing (a) The respondent, the petitioner, and all other persons to whom notice has been sent may attend the hearing, testify, present evidence, and subpoena, present, and cross-examine witnesses, including those who prepared the comprehensive evaluation. The court may exclude any person not necessary for the conduct of the hearing. (b) […]
§ 8712. Findings; order
§ 8712. Findings; order (a) The court shall prepare written findings of fact and state separately its conclusions of law in all cases. (b) If upon completion of the hearing and consideration of the record, the court finds that the person with an intellectual disability is competent to give informed consent and no such consent […]