The Vermont Statutes Online

Title 18: Health

Chapter 206: Care for Persons with Intellectual Disabilities

• § 8820. Purpose

  The purpose of this chapter is to establish procedures for determining appropriate care for persons with an intellectual disability in Vermont. (Added 1979, No. 167 (Adj. Sess.), § 1; amended 2013, No. 96 (Adj. Sess.), § 114.)

• Subchapter 001: Commitment and Review Proceedings

• §§ 8821-8834. Repealed. 1995, No. 174 (Adj. Sess.), § 2.

• Subchapter 002: Provision of Services

• §§ 8835-8838. Repealed. 1995, No. 174 (Adj. Sess.), § 2.

• Subchapter 003: Judicial Proceeding; Persons with an Intellectual Disability Who Present a Danger of Harm to Others

• § 8839. Definitions

  As used in this subchapter:

  (1) “Danger of harm to others” means the person has inflicted or attempted to inflict serious bodily injury to another or has committed an act that would constitute a sexual assault or lewd or lascivious conduct with a child.

  (2) “Designated program” means a program designated by the Commissioner as adequate to provide in an individual manner appropriate custody, care, and habilitation to persons with intellectual disabilities receiving services under this subchapter.

  (3) “Person in need of custody, care, and habilitation” means:

  (A) a person with an intellectual disability, which means significantly subaverage intellectual functioning existing concurrently with deficits in adaptive behavior that were manifest before 18 years of age;

  (B) who presents a danger of harm to others; and

  (C) for whom appropriate custody, care, and habilitation can be provided by the Commissioner in a designated program. (Added 1987, No. 248 (Adj. Sess.), § 9; amended 2013, No. 96 (Adj. Sess.), § 114; 2013, No. 158 (Adj. Sess.), § 11, eff. July 1, 2017; 2015, No. 23, § 66; 2015, No. 97 (Adj. Sess.), § 51; 2017, No. 113 (Adj. Sess.), § 103.)

• § 8840. Jurisdiction and venue

  Proceedings brought under this subchapter for commitment to the Commissioner for custody, care, and habilitation shall be commenced by petition in the Family Division of the Superior Court for the unit in which the respondent resides. (Added 1987, No. 248 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 238; 2019, No. 77, § 21, eff. June 19, 2019.)

• § 8841. Petition; procedures

  The filing of the petition and procedures for initiating a hearing shall be as provided in sections 8822-8826 of this title. (Added 1987, No. 248 (Adj. Sess.), § 9.)

• § 8842. Hearing

  Hearings under this subchapter for commitment shall be conducted in accordance with section 8827 of this title. (Added 1987, No. 248 (Adj. Sess.), § 9.)

• § 8843. Findings and order

  (a) In all cases, the court shall make specific findings of fact and state its conclusions of law.

  (b) If the court finds that the respondent is not a person in need of custody, care, and habilitation, it shall dismiss the petition.

  (c) If the court finds that the respondent is a person in need of custody, care, and habilitation, it shall order the respondent committed to the custody of the Commissioner for placement in a designated program in the least restrictive environment consistent with the respondent’s need for custody, care, and habilitation for an indefinite or a limited period. (Added 1987, No. 248 (Adj. Sess.), § 9.)

• § 8844. Legal competence

  No determination that a person is in need of custody, care, and habilitation and no order authorizing commitment shall lead to a presumption of legal incompetence. (Added 1987, No. 248 (Adj. Sess.), § 9.)

• § 8845. Judicial review

  (a) A person committed under this subchapter may be discharged from custody by a Superior judge after judicial review as provided herein or by administrative order of the Commissioner.

  (b) Procedures for judicial review of persons committed under this subchapter shall be as provided in section 8834 of this title, except that proceedings shall be brought in the Criminal Division of the Superior Court in the unit in which the person resides or, if the person resides out of state, in the unit that issued the original commitment order.

  (c) A person committed under this subchapter shall be entitled to a judicial review annually. If no such review is requested by the person, it shall be initiated by the Commissioner. However, such person may initiate a judicial review under this subsection after 90 days after initial commitment but before the end of the first year of the commitment.

  (d) If at the completion of the hearing and consideration of the record, the court finds at the time of the hearing that the person is still in need of custody, care, and habilitation, commitment shall continue for an indefinite or limited period. If the court finds at the time of the hearing that the person is no longer in need of custody, care, and habilitation, it shall discharge the person from the custody of the Commissioner. An order of discharge may be conditional or absolute and may have immediate or delayed effect. (Added 1987, No. 248 (Adj. Sess.), § 9; amended 2009, No. 154 (Adj. Sess.), § 152; 2023, No. 6, § 217, eff. July 1, 2023.)

• § 8846. Right to counsel

  Persons subject to commitment or judicial review under this subchapter shall have a right to counsel as provided in section 7111 of this title. (Added 1987, No. 248 (Adj. Sess.), § 9.)

• Subchapter 004: System of Care Plan

• §§ 8851-8854. Repealed. 1995, No. 174 (Adj. Sess.), § 2.