§ 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 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 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 […]
§ 8724. Principles of service Services provided to people with developmental disabilities and their families shall foster and adhere to the following principles: (1) Children’s services. Children, regardless of the severity of their disability, need families and enduring relationships with adults in a nurturing home environment. The quality of life of children with developmental disabilities, […]
§ 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 […]
§ 8726. Application for services; rules (a) No later than January 1, 1997, the department shall adopt rules that include the following: (1) Criteria for determining whether an applicant is a person with a developmental disability. (2) A format and procedures, for processing applications for services, including time frames, emergency procedures, and notice of determination. […]
§ 8727. Complaints; appeals (a) Notice. The Department or agency or program funded by the Department shall provide notice: (1) To an applicant or the applicant’s guardian, as applicable, of the rights provided under this chapter, State and federal law, and any other available rights of appeal for violations of any of those rights. (2) […]
§ 8728. Rights of recipients (a) Every person with a developmental disability who receives services has the right to: (1) Be free from aversive procedures, devices, and treatments. (2) Privacy, dignity, confidentiality, and humane care. (3) Associate with individuals of both genders. (4) Communicate in private by mail and telephone. (5) Communicate in his or […]
§ 8729. Family support payments: tax exemption Any payment to an eligible family for the support of a person with a developmental disability constitutes a State benefit and shall not be deemed to be income for the purposes of State taxation or of determining eligibility for any income-related State benefits, but may be included in […]
§ 8730. Service providers; certification The Department shall adopt rules that provide for certification standards and procedures for programs for people with developmental disabilities funded by the Department. The Department shall not certify a program unless it adheres to the principles in section 8724 of this title and provides recipients with the rights in section […]
§ 8731. Training (a) For the purposes of this section, “staff” means any person who receives compensation to provide services to one or more recipients and includes the person’s supervisor. “Staff” does not include a family-directed respite worker. (b) The Department shall assure that all staff receive pre-service and in-service training consistent with the system […]
§ 8732. Special care needs (a) For the purposes of this section, “special care procedure” means a procedure that is necessitated by a specific medical need that a person with a developmental disability would perform but for the person’s disability, provided that, in the determination of the supervising registered nurse, the procedure may be performed […]
§ 8733. Advisory Board (a) The Advisory Board is created to advise the Department on the status and needs of people with developmental disabilities and their families. The Board shall also advise the Commissioner regarding the development of the system of care plan described in section 8725 of this title and recommend legislation, rules, policies, […]
