The Vermont Statutes Online

Title 33 : Human Services

Chapter 043 : Children and Adolescents with Severe Emotional Disturbance

• § 4301. Definitions

  As used in this chapter:

  (1) “Child with a disability” means a child who either is eligible for early essential education or special education under State or federal law, or who is a child or adolescent with a severe emotional disturbance.

  (2) “Coordinated service plan” means a written addendum to each service plan developed by an individual agency for a child or adolescent with severe emotional disturbances that shall be developed when the child has needs that require services from more than one agency. The coordinated services plan shall be designed to meet the needs of the child within his or her family or in an out-of-home placement, and in the school and the community. The coordinated services plan shall:

  (A) be based upon an appropriate assessment of the individual needs of the child;

  (B) identify service needs of the child;

  (C) identify services that are currently being provided;

  (D) identify public or private agencies that currently provide each needed service, and how each needed service is funded;

  (E) if any service need is not being met, include an explanation of why the service is not being provided, including lack of funds or the fact that service is not available;

  (F) delineate case management responsibilities;

  (G) include a reintegration plan when an out-of-home placement is made or recommended; and

  (H) be developed with the opportunity for participation from parents, a guardian, or a surrogate parent appointed pursuant to Pub. L. No. 94-142.

  (3) “Child or adolescent with a severe emotional disturbance” means a person who:

  (A) exhibits a behavioral, emotional, or social impairment that disrupts his or her academic or developmental progress or family or interpersonal relationships;

  (B) has impaired functioning that has continued for at least one year or has an impairment of short duration and high severity;

  (C) is under 18 years of age, or is under 22 years of age and eligible for special education under State or federal law; and

  (D) falls into one or more of the following categories, whether or not he or she is diagnosed with other serious disorders such as developmental disability, severe neurological dysfunction, or sensory impairments:

  (i) children and adolescents who exhibit seriously impaired contact with reality and severely impaired social, academic, and self-care functioning whose thinking is frequently confused, whose behavior may be grossly inappropriate and bizarre and whose emotional reactions are frequently inappropriate to the situation;

  (ii) children and adolescents who are classified as management or conduct disordered because they manifest long-term behavior problems, including developmentally inappropriate inattention, hyperactivity, impulsiveness, aggressiveness, antisocial acts, refusal to accept limits, suicidal behavior, or substance abuse;

  (iii) children and adolescents who suffer serious discomfort from anxiety, depression, irrational fears, and concerns whose symptoms may be exhibited as serious eating and sleeping disturbances, extreme sadness of suicidal proportion, maladaptive dependence on parents, persistent refusal to attend school, or avoidance of nonfamilial social contact. (Added 1987, No. 264 (Adj. Sess.), § 2; amended 1989, No. 203 (Adj. Sess.), § 1; 2013, No. 96 (Adj. Sess.), § 213; 2021, No. 20, § 329.)