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Subchapter 002: REPORTING ABUSE OF CHILDREN
§ 4911. Purpose
The purpose of this subchapter is to:
(1) protect children whose health and welfare may be adversely affected through abuse
or neglect;
(2) strengthen the family and make the home safe for children whenever possible by enhancing
the parental capacity for good child care;
(3) provide a temporary or permanent nurturing and safe environment for children when
necessary; and for these purposes require the reporting of suspected child abuse and
neglect, an assessment or investigation of such reports and provision of services,
when needed, to such child and family;
(4) establish a range of responses to child abuse and neglect that take into account different
degrees of child abuse or neglect and that recognize that child offenders should be
treated differently from adults;
(5) establish a tiered child protection registry that balances the need to protect children
and the potential employment consequences of a registry record for a person’s conduct
that is substantiated for child abuse and neglect; and
(6) ensure that in the Department for Children and Families’ efforts to protect children
from abuse and neglect, the Department also ensures that investigations are thorough,
unbiased, based on accurate and reliable information weighed against other supporting
or conflicting information, and adhere to due process requirements. (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 2007, No. 168 (Adj. Sess.), § 1; 2023, No. 154 (Adj. Sess.), § 2, eff. September 1, 2024.)
§ 4912. Definitions
As used in this subchapter:
(1) “Abused or neglected child” means a child whose physical health, psychological growth
and development, or welfare is harmed or is at substantial risk of harm by the acts
or omissions of his or her parent or other person responsible for the child’s welfare.
An “abused or neglected child” also means a child who is sexually abused or at substantial
risk of sexual abuse by any person and a child who has died as a result of abuse or
neglect.
(2) “Assessment” means a response to a report of child abuse or neglect that focuses on
the identification of the strengths and support needs of the child and the family
and any services they may require to improve or restore their well-being and to reduce
the risk of future harm. The child and family assessment does not result in a formal
determination as to whether the reported abuse or neglect has occurred.
(3) “Child” means an individual under the age of majority.
(4) “Child Protection Registry” means a record of all investigations that have resulted
in a substantiated report on or after January 1, 1992.
(5) “Emotional maltreatment” means a pattern of malicious behavior that results in impaired
psychological growth and development.
(6) “Harm” can occur by:
(A) Physical injury or emotional maltreatment.
(B) Failure to supply the child with adequate food, clothing, shelter, or health care.
As used in this subchapter, “adequate health care” includes any medical or nonmedical
remedial health care permitted or authorized under State law. Notwithstanding that
a child might be found to be without proper parental care under chapters 51 and 53
of this title, a parent or other person responsible for a child’s care legitimately
practicing his or her religious beliefs who thereby does not provide specified medical
treatment for a child shall not be considered neglectful for that reason alone.
(C) Abandonment of the child.
(7) “Investigation” means a response to a report of child abuse or neglect that begins
with the systematic gathering of information to determine whether the abuse or neglect
has occurred and, if so, the appropriate response. An investigation shall result in
a formal determination as to whether the reported abuse or neglect has occurred.
(8) “Member of the clergy” means a priest, rabbi, clergy member, ordained or licensed
minister, leader of any church or religious body, accredited Christian Science practitioner,
or person performing official duties on behalf of a church or religious body that
are recognized as the duties of a priest, rabbi, clergy, nun, brother, ordained or
licensed minister, leader of any church or religious body, or accredited Christian
Science practitioner.
(9) “Multidisciplinary team” means a group of professionals, paraprofessionals, and other
appropriate individuals impaneled by the Commissioner under this chapter for the purpose
of assisting in the identification and review of cases of child abuse and neglect,
coordinating treatment services for abused and neglected children and their families,
and promoting child abuse prevention.
(10) “Person responsible for a child’s welfare” includes the child’s parent, guardian,
foster parent, any other adult residing in the child’s home who serves in a parental
role; an employee of a public or private residential home, institution, or agency;
or other person responsible for the child’s welfare while in a residential, educational,
or child care setting, including any staff person.
(11) “Physical injury” means death or permanent or temporary disfigurement or impairment
of any bodily organ or function by other than accidental means.
(12) “Redacted investigation file” means the intake report, the investigation activities
summary, and case determination report that are amended in accordance with confidentiality
requirements set forth in section 4913 of this title.
(13) “Registry record” means an entry in the Child Protection Registry that consists of
the name of an individual substantiated for child abuse or neglect, the date of the
finding, the nature of the finding, and at least one other personal identifier, other
than a name, listed in order to avoid the possibility of misidentification.
(14) “Risk of harm” means a significant danger that a child will suffer serious harm by
other than accidental means, which harm would be likely to cause physical injury,
or sexual abuse, including as the result of:
(A) a single, egregious act that has caused the child to be at significant risk of serious
physical injury;
(B) the production or preproduction of methamphetamines when a child is actually present;
(C) failing to provide supervision or care appropriate for the child’s age or development
and, as a result, the child is at significant risk of serious physical injury;
(D) failing to provide supervision or care appropriate for the child’s age or development
due to use of illegal substances or misuse of prescription drugs or alcohol;
(E) failing to supervise appropriately a child in a situation in which drugs, alcohol,
or drug paraphernalia are accessible to the child; and
(F) a registered sex offender or person substantiated for sexually abusing a child residing
with or spending unsupervised time with a child.
(15) “Sexual abuse” consists of any act or acts by any person involving sexual molestation
or exploitation of a child, including:
(A) incest;
(B) prostitution;
(C) rape;
(D) sodomy;
(E) lewd and lascivious conduct involving a child;
(F) aiding, abetting, counseling, hiring, or procuring of a child to perform or participate
in any photograph, motion picture, exhibition, show, representation, or other presentation
that, in whole or in part, depicts sexual conduct, sexual excitement, or sadomasochistic
abuse involving a child;
(G) viewing, possessing, or transmitting child pornography, with the exclusion of the
exchange of images between mutually consenting minors, including the minor whose image
is exchanged;
(H) human trafficking;
(I) sexual assault;
(J) voyeurism;
(K) luring a child; or
(L) obscenity.
(16) “Substantiated report” means that the Commissioner or the Commissioner’s designee
has determined after investigation that a report is based upon accurate and reliable
information where there is a preponderance of the evidence necessary to support the
allegation that the child has been abused or neglected.
(17) “Serious physical injury” means, by other than accidental means:
(A) physical injury that creates any of the following:
(i) a substantial risk of death;
(ii) a substantial loss or impairment of the function of any bodily member or organ;
(iii) a substantial impairment of health; or
(iv) substantial disfigurement; or
(B) strangulation by intentionally impeding normal breathing or circulation of the blood
by applying pressure on the throat or neck or by blocking the nose or mouth of another
person. (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 1985, No. 211 (Adj. Sess.), §§ 1, 2; 1989, No. 295 (Adj. Sess.), §§ 1, 2; 1991, No. 141 (Adj. Sess.), § 1; 1995, No. 145 (Adj. Sess.), § 5; 2001, No. 135 (Adj. Sess.), § 15, eff. June 13, 2002; 2003, No. 43, § 2, eff. May 27, 2003; 2003, No. 66, § 136a; 2007, No. 77, § 1, eff. June 7, 2007; 2007, No. 168 (Adj. Sess.), § 2; 2007, No. 172 (Adj. Sess.), § 18; 2013, No. 131 (Adj. Sess.), § 76, eff. May 20, 2014; 2015, No. 60, § 3; 2023, No. 154 (Adj. Sess.), § 3, eff. September 1, 2024.)
§ 4913. Reporting child abuse and neglect; remedial action
(a) A mandated reporter is any:
(1) health care provider, including any:
(A) physician, surgeon, osteopath, chiropractor, or physician assistant licensed, certified,
or registered under the provisions of Title 26;
(B) resident physician;
(C) intern;
(D) hospital administrator in any hospital in this State;
(E) registered nurse;
(F) licensed practical nurse;
(G) medical examiner;
(H) emergency medical personnel as defined in 24 V.S.A. § 2651(6);
(I) dentist;
(J) psychologist; and
(K) pharmacist;
(2) individual who is employed by a school district or an approved or recognized independent
school, or who is contracted and paid by a school district or an approved or recognized
independent school to provide student services, including any:
(A) school superintendent;
(B) headmaster of an approved or recognized independent school as defined in 16 V.S.A. § 11;
(C) school teacher;
(D) student teacher;
(E) school librarian;
(F) school principal; and
(G) school guidance counselor;
(3) child care worker;
(4) mental health professional;
(5) social worker;
(6) probation officer;
(7) employee, contractor, and grantee of the Agency of Human Services who have contact
with clients;
(8) police officer;
(9) camp owner;
(10) camp administrator;
(11) camp counselor;
(12) member of the clergy; or
(13) employee of the Office of the Child, Youth, and Family Advocate established pursuant
to chapter 32 of this title.
(b) As used in subsection (a) of this section, “camp” includes any residential or nonresidential
recreational program.
(c) Any mandated reporter who reasonably suspects abuse or neglect of a child shall report
in accordance with the provisions of section 4914 of this title within 24 hours of the time information regarding the suspected abuse or neglect
was first received or observed.
(d)(1) The Commissioner shall inform the person who made the report under subsection (a)
of this section:
(A) whether the report was accepted as a valid allegation of abuse or neglect;
(B) whether an assessment was conducted and, if so, whether a need for services was found;
and
(C) whether an investigation was conducted and, if so, whether it resulted in a substantiation.
(2) Upon request, the Commissioner shall provide relevant information contained in the
case records concerning a person’s report to a person who:
(A) made the report under subsection (a) of this section; and
(B) is engaged in an ongoing working relationship with the child or family who is the
subject of the report.
(3) Any information disclosed under subdivision (2) of this subsection shall not be disseminated
by the mandated reporter requesting the information. A person who intentionally violates
the confidentiality provisions of this section shall be fined not more than $2,000.00.
(4) In providing information under subdivision (2) of this subsection, the Department
may withhold:
(A) information that could compromise the safety of the reporter or the child or family
who is the subject of the report; or
(B) specific details that could cause the child to experience significant mental or emotional
stress.
(e) Any other concerned person not listed in subsection (a) of this section who has reasonable
cause to believe that any child has been abused or neglected may report or cause a
report to be made in accordance with the provisions of section 4914 of this title.
(f)(1) Any person other than a person suspected of child abuse, who in good faith makes a
report to the Department shall be immune from any civil or criminal liability that
might otherwise be incurred or imposed as a result of making a report.
(2) An employer or supervisor shall not discharge; demote; transfer; reduce pay, benefits,
or work privileges; prepare a negative work performance evaluation; or take any other
action detrimental to any employee because that employee filed a good faith report
in accordance with the provisions of this subchapter. Any person making a report under
this subchapter shall have a civil cause of action for appropriate compensatory and
punitive damages against any person who causes detrimental changes in the employment
status of the reporting party by reason of his or her making a report.
(g) The name of and any identifying information about either the person making the report
or any person mentioned in the report shall be confidential unless:
(1) the person making the report specifically allows disclosure;
(2) a Human Services Board proceeding or a judicial proceeding results from the report;
(3) a court, after a hearing, finds probable cause to believe that the report was not
made in good faith and orders the Department to make the name of the reporter available;
or
(4) a review has been requested pursuant to section 4916a of this title, and the Department has determined that identifying information can be provided without
compromising the safety of the reporter or the persons mentioned in the report.
(h)(1) A person who violates subsection (c) of this section shall be fined not more than
$500.00.
(2) A person who violates subsection (c) of this section with the intent to conceal abuse
or neglect of a child shall be imprisoned not more than six months or fined not more
than $1,000.00, or both.
(3) This section shall not be construed to prohibit a prosecution under any other provision
of law.
(i) Except as provided in subsection (j) of this section, a person may not refuse to make
a report required by this section on the grounds that making the report would violate
a privilege or disclose a confidential communication.
(j) A member of the clergy shall not be required to make a report under this section if
the report would be based upon information received in a communication that is:
(1) made to a member of the clergy acting in his or her capacity as spiritual advisor;
(2) intended by the parties to be confidential at the time the communication is made;
(3) intended by the communicant to be an act of contrition or a matter of conscience;
and
(4) required to be confidential by religious law, doctrine, or tenet.
(k) When a member of the clergy receives information about abuse or neglect of a child
in a manner other than as described in subsection (j) of this section, he or she is
required to report on the basis of that information even though he or she may have
also received a report of abuse or neglect about the same person or incident in the
manner described in subsection (j) of this section.
(l) A mandated reporter as described in subdivision (a)(2) of this section shall not be
deemed to have violated the requirements of this section solely on the basis of making
condoms available to a secondary school student in accordance with 16 V.S.A. § 132. (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 1983, No. 169 (Adj. Sess.), § 1; 1985, No. 208 (Adj. Sess.), § 19, eff. June 30, 1986; 1989, No. 295 (Adj. Sess.), § 3; 1993, No. 156 (Adj. Sess.), § 1; 2003, No. 43, § 3, eff. May 27, 2003; 2005, No. 101 (Adj. Sess.), § 2; 2007, No. 77, § 1, eff. June 7, 2007; 2007, No. 168 (Adj. Sess.), § 3, eff. Jan. 1, 2009; 2007, No. 172 (Adj. Sess.), § 19; 2009, No. 1, § 45; 2011, No. 156 (Adj. Sess.), § 28, eff. May 16, 2012; 2011, No. 159 (Adj. Sess.), § 7; 2015, No. 60, § 4; 2019, No. 157 (Adj. Sess.), § 6, eff. July 1, 2021; 2021, No. 20, § 335; 2021, No. 129 (Adj. Sess.), § 2, eff. January 1, 2023.)
§ 4914. Nature and content of report; to whom made
A report shall be made orally or in writing to the Commissioner or designee. The Commissioner
or designee shall request the reporter to follow the oral report with a written report,
unless the reporter is anonymous. Reports shall contain the name and address or other
contact information of the reporter as well as the names and addresses of the child
and the parents or other persons responsible for the child’s care, if known; the age
of the child; the nature and extent of the child’s injuries together with any evidence
of previous abuse and neglect of the child or the child’s siblings; and any other
information that might be helpful in establishing the cause of the injuries or reasons
for the neglect as well as in protecting the child and assisting the family. If a
report of child abuse or neglect involves the acts or omissions of the Commissioner
or employees of the Department, then the report shall be directed to the Secretary
of Human Services who shall cause the report to be investigated by other appropriate
Agency staff. If the report is substantiated, services shall be offered to the child
and to his or her family or caretaker according to the requirements of section 4915b of this title. (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 1989, No. 187 (Adj. Sess.), § 5; 1989, No. 295 (Adj. Sess.), § 4; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 120; 2007, No. 77, § 1, eff. June 1, 2007; 2007, No. 168 (Adj. Sess.), § 4; 2015, No. 60, § 4a.)
§ 4915. Assessment and investigation
(a) Upon receipt of a report of abuse or neglect, the Department shall promptly determine
whether it constitutes an allegation of child abuse or neglect as defined in section 4912 of this title. The Department shall respond to reports of alleged neglect or abuse that occurred
in Vermont and to out-of-state conduct when the child is a resident of or is present
in Vermont.
(b) If the report is accepted as a valid allegation of abuse or neglect, the Department
shall determine whether to conduct an assessment as provided for in section 4915a of this title or to conduct an investigation as provided for in section 4915b of this title. The Department shall begin either an assessment or an investigation within 72 hours
after the receipt of a report made pursuant to section 4914 of this title, provided that it has sufficient information to proceed. The Commissioner may waive
the 72-hour requirement only when necessary to locate the child who is the subject
of the allegation or to ensure the safety of the child or social worker.
(c) The decision to conduct an assessment shall include consideration of the following
factors:
(1) the nature of the conduct and the extent of the child’s injury, if any;
(2) the accused person’s prior history of child abuse or neglect, or lack thereof; and
(3) the accused person’s willingness or lack thereof to accept responsibility for the
conduct and cooperate in remediation.
(d) The Department shall conduct an investigation when an accepted report involves allegations
indicating substantial child endangerment. For purposes of this section, “substantial
child endangerment” includes conduct by an adult involving or resulting in sexual
abuse, and conduct by a person responsible for a child’s welfare involving or resulting
in abandonment, child fatality, malicious punishment, or abuse or neglect that causes
serious physical injury. The Department may conduct an investigation of any report.
(e) The Department shall begin an immediate investigation if, at any time during an assessment,
it appears that an investigation is appropriate.
(f) The Department may collaborate with child protection, law enforcement, and other departments
and agencies in Vermont and other jurisdictions to evaluate risk to a child and to
determine the service needs of the child and family. The Department may enter into
reciprocal agreements with other jurisdictions to further the purposes of this subchapter.
(g) The Department shall report to and receive assistance from appropriate law enforcement
in the following circumstances:
(1) investigations of child sexual abuse by an alleged perpetrator 10 years of age or
older;
(2) investigations of serious physical abuse or neglect requiring emergency medical care,
resulting in death, or likely to result in criminal charges;
(3) situations potentially dangerous to the child or Department worker; and
(4) an incident in which a child suffers:
(A) serious bodily injury as defined in 13 V.S.A. § 1021, by other than accidental means; and
(B) potential violations of:
(i) 13 V.S.A. § 2602 (lewd or lascivious conduct with child);
(ii) 13 V.S.A. chapter 60 (human trafficking);
(iii) 13 V.S.A. chapter 64 (sexual exploitation of children); and
(iv) 13 V.S.A. chapter 72 (sexual assault). (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 1995, No. 178 (Adj. Sess.), § 300; 1999, No. 78 (Adj. Sess.), § 1; 2007, No. 77, § 1, eff. June 7, 2007; 2007, No. 168 (Adj. Sess.), § 5; 2015, No. 60, § 17.)
§ 4915a. Procedures for assessment
(a) An assessment, to the extent that is reasonable under the facts and circumstances
presented by the particular valid allegation of child abuse or neglect, shall include
the following:
(1) An interview with the child’s parent, guardian, foster parent, or any other adult
residing in the child’s home who serves in a parental role. The interview shall focus
on ensuring the immediate safety of the child and mitigating the future risk of harm
to the child in the home environment.
(2) An evaluation of the safety of the subject child and any other children living in
the same home environment. The evaluation may include an interview with or observation
of the child or children. Such interviews shall occur with the permission of the child’s
parent, guardian, or custodian.
(3) In collaboration with the family, identification of family strengths, resources, and
service needs, and the development of a plan of services that reduces the risk of
harm and improves or restores family well-being.
(b) The assessment shall be completed within 45 days. Upon written justification by the
Department, the assessment may be extended, not to exceed a total of 60 days.
(c) Families have the option of declining the services offered as a result of the assessment.
If the family declines the services, the case shall be closed unless the Department
determines that sufficient cause exists to begin an investigation or to request the
State’s Attorney to file a petition pursuant to chapters 51 and 53 of this title.
In no instance shall a case be investigated solely because the family declines services.
(d) When an assessment case is closed, there shall be no finding of abuse or neglect and
no indication of the intervention shall be placed in the Registry. However, the Department
shall document the outcome of the assessment. (Added 2007, No. 168 (Adj. Sess.), § 6; amended 2013, No. 131 (Adj. Sess.), § 77, eff. May 20, 2014.)
§ 4915b. Procedures for investigation
(a) An investigation, to the extent that it is reasonable under the facts and circumstances
presented by the particular allegation of child abuse, shall include all of the following:
(1) A visit to the child’s place of residence or place of custody and to the location
of the alleged abuse or neglect.
(2) An interview with or observation of the child reportedly having been abused or neglected.
If the investigator elects to interview the child, that interview may take place without
the approval of the child’s parents, guardian, or custodian, provided that it takes
place in the presence of a disinterested adult who may be, but shall not be limited
to being, a teacher, a member of the clergy, a child care provider regulated by the
Department, or a nurse.
(3) Determination of the nature, extent, and cause of any abuse or neglect.
(4) Determination of the identity of the person alleged to be responsible for such abuse
or neglect. The investigator shall use best efforts to obtain the person’s mailing
and email address as soon as practicable once the person’s identity is determined.
The person shall be notified of the outcome of the investigation and any notices sent
by the Department using the mailing address, or if requested by the person, to the
person’s email address collected pursuant to this subdivision.
(5)(A) The identity, by name, of any other children living in the same home environment as
the subject child. The investigator shall consider the physical and emotional condition
of those children and may interview them, unless the child is the person who is alleged
to be responsible for such abuse or neglect, in accordance with the provisions of
subdivision (2) of this subsection (a).
(B) The identity, by name, of any other children who may be at risk if the abuse was alleged
to have been committed by someone who is not a member of the subject child’s household.
The investigator shall consider the physical and emotional condition of those children
and may interview them, unless the child is the person who is alleged to be responsible
for such abuse or neglect, in accordance with the provisions of subdivision (2) of
this subsection (a).
(6) A determination of the immediate and long-term risk to each child if that child remains
in the existing home or other environment.
(7) Consideration of the environment and the relationship of any children therein to the
person alleged to be responsible for the suspected abuse or neglect.
(8) All other data deemed pertinent, including any interviews of witnesses made known
to the Department.
(b) For cases investigated and substantiated by the Department, the Commissioner shall,
to the extent that it is reasonable, provide assistance to the child and the child’s
family. For cases investigated but not substantiated by the Department, the Commissioner
may, to the extent that it is reasonable, provide assistance to the child and the
child’s family. Nothing contained in this section or section 4915a of this title shall be deemed to create a private right of action.
(c) The Commissioner, designee, or any person required to report under section 4913 of this title or any other person performing an investigation may take or cause to be taken photographs
of trauma visible on a child who is the subject of a report. The Commissioner or designee
may seek consultation with a physician. If it is indicated appropriate by the physician,
the Commissioner or designee may cause the child who is subject of a report to undergo
a radiological examination without the consent of the child’s parent or guardian.
(d) Services may be provided to the child’s immediate family whether or not the child
remains in the home.
(e) [Repealed.]
(f) The Department shall not substantiate cases in which neglect is caused solely by the
lack of financial resources of the parent or guardian. (Added 2007, No. 168 (Adj. Sess.), § 7; amended 2015, No. 60, § 16; 2023, No. 154 (Adj. Sess.), § 4, eff. September 1, 2024.)
§ 4916. Child protection registry
(a)(1) The Commissioner shall maintain a Child Protection Registry that shall contain a record
of all investigations that have resulted in a substantiated report on or after January
1, 1992. Except as provided in subdivision (2) of this subsection, prior to placement
of a substantiated report on the Registry, the Commissioner shall comply with the
procedures set forth in section 4916a of this title.
(2) In cases involving sexual abuse or serious physical abuse of a child, the Commissioner
in the Commissioner’s sole judgment may list a substantiated report on the Registry
pending any administrative review after:
(A) reviewing the investigation file; and
(B) making written findings in consideration of:
(i) the nature and seriousness of the alleged behavior; and
(ii) the person’s continuing access to children.
(3) A person alleged to have abused or neglected a child and whose name has been placed
on the Registry in accordance with subdivision (2) of this subsection shall be notified
of the Registry entry, provided with the Commissioner’s findings, and advised of the
right to seek an administrative review in accordance with section 4916a of this title.
(4) If the name of a person has been placed on the Registry in accordance with subdivision
(2) of this subsection, it shall be removed from the Registry if the substantiation
is rejected after an administrative review.
(b) A Registry record means an entry in the Child Protection Registry that consists of
the name of an individual whose conduct is substantiated for child abuse or neglect,
the date of the finding, the nature of the finding, and at least one other personal
identifier, other than a name, listed in order to avoid the possibility of misidentification.
(c) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 to permit use of the Registry records as authorized by this subchapter while preserving
confidentiality of the Registry and other Department records related to abuse and
neglect.
(d) For all substantiated reports of child abuse or neglect made on or after the date
the final rules are adopted, the Commissioner shall create a Registry record that
reflects a designated child protection level related to the risk of future harm to
children. This system of child protection levels shall be based upon an evaluation
of the risk the person responsible for the abuse or neglect poses to the safety of
children. The risk evaluation shall include consideration of the following factors:
(1) the nature of the conduct and the extent of the child’s injury, if any;
(2) the person’s prior history of child abuse or neglect as either a victim or perpetrator;
(3) the person’s response to the investigation and willingness to engage in recommended
services; and
(4) the person’s age and developmental maturity.
(e) The Commissioner shall adopt rules for the implementation of a system of Child Protection
Registry levels for substantiated cases pursuant to 3 V.S.A. chapter 25. The rules shall address:
(1) when, whether, and how names are placed on the Registry;
(2) standards for determining a child protection level designation;
(3) the length of time a person’s name appears on the Registry prior to seeking expungement;
(4) when and how names are expunged from the Registry;
(5) whether the person is a juvenile or an adult;
(6) whether the person was charged with or convicted of a criminal offense arising out
of the incident of abuse or neglect; and
(7) whether a Family Division of the Superior Court has made any findings against the
person.
(f) [Repealed.] (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 1989, No. 295 (Adj. Sess.), § 5; 1991, No. 159 (Adj. Sess.), § 3; 2007, No. 77, § 1, eff. Sept. 1, 2007; 2007, No. 168 (Adj. Sess.), § 8; 2007, No. 172 (Adj. Sess.), § 20; 2009, No. 154 (Adj. Sess.), § 238; 2023, No. 154 (Adj. Sess.), § 5, eff. September 1, 2024.)
§ 4916a. Challenging substantiation
(a) If an investigation conducted in accordance with section 4915b of this title results in a determination that a report of child abuse or neglect should be substantiated,
the Department shall notify the person alleged to have abused or neglected a child
of the following:
(1) the nature of the substantiation decision, and that the Department intends to enter
the record of the substantiation into the Registry;
(2) who has access to Registry information and under what circumstances;
(3) the implications of having one’s name placed on the Registry as it applies to employment,
licensure, and registration;
(4) the Registry child protection level designation to be assigned to the person and the
date that the person is eligible to seek expungement based on the designation level;
(5) the right to request a review of the substantiation determination by an administrative
reviewer, the time in which the request for review shall be made, and the consequences
of not seeking a review;
(6) the right to receive a copy of the Commissioner’s written findings made in accordance
with subdivision 4916(a)(2) of this title if applicable; and
(7) ways to contact the Department for any further information.
(b) Under this section, notice by the Department to a person alleged to have abused or
neglected a child shall be by first-class mail sent to the person’s last known mailing
address, or if requested by the person, to the person’s email address collected during
the Department’s investigation pursuant to subdivision 4915b(a)(4) of this title. The Department shall maintain a record of the notification, including who sent the
notification, the date it is sent, and the address to which it is sent.
(c)(1) A person whose conduct is the subject of a substantiation determination may seek an
administrative review of the Department’s determination by notifying the Department
within 30 days after the date the Department sent notice of the right to review in
accordance with subsections (a) and (b) of this section. The Commissioner may grant
an extension past the 30-day period for good cause, not to exceed 60 days after the
Department has sent notice of the right to review.
(2) The administrative review may be stayed upon request of the person whose conduct is
the subject of a substantiation determination if there is a related case pending in
the Criminal or Family Division of the Superior Court that arose out of the same incident
of abuse or neglect for which the person’s conduct was substantiated or led to placement
on the Registry. During the period the review is stayed, the person’s name shall be
placed on the Registry. Upon resolution of the Superior Court criminal or family case,
the person may exercise the person’s right to review under this section by notifying
the Department in writing within 30 days after the related court case, including any
appeals, has been fully adjudicated. If the person fails to notify the Department
within 30 days, the Department’s decision shall become final and no further review
under this subsection is required.
(d)(1) Except as provided in this subsection, the Department shall schedule an administrative
review conference within 60 days after receipt of the request for review. At least
20 days prior to the administrative review conference, the Department shall provide
to the person requesting review a copy of the redacted investigation file, which shall
contain sufficient unredacted information to describe the allegations and the evidence
relied upon as the basis of the substantiation, notice of time and place of the conference,
and conference procedures, including information that may be submitted and mechanisms
for providing information. There shall be no subpoena power to compel witnesses to
attend a Registry review conference. The Department shall also provide to the person
those redacted investigation files that relate to prior investigations that the Department
has relied upon to make its substantiation determination in the case in which a review
has been requested. If an administrative review conference is not held within 60 days
after receipt of the request to review, due to good cause shown, an extension may
be authorized by the Commissioner or designee in which the basis of the failure is
explained.
(2) The Department may elect to not hold an administrative review conference when a person
who has requested a review does not respond to Department requests to schedule the
review meeting or does not appear for the scheduled review meeting. In these circumstances,
unless good cause is shown, the Department’s substantiation shall be accepted and
the person’s name shall be placed on the Registry, if applicable. Upon the Department’s
substantiation being accepted, the Department shall provide notice that advises the
person of the right to appeal the substantiation determination to the Human Services
Board pursuant to section 4916b of this title.
(e) At the administrative review conference, the person who requested the review shall
be provided with the opportunity to present documentary evidence or other information
that supports the person’s position and provides information to the reviewer in making
the most accurate decision regarding the allegation. The Department shall have the
burden of proving by a preponderance of the evidence that the child has been abused
or neglected by that person. Upon the person’s request or during a declared state
of emergency in Vermont, the conference may be held through a live, interactive, audio-video
connection or by telephone.
(f) The Department shall establish an administrative case review unit within the Department
and contract for the services of administrative reviewers. An administrative reviewer
shall be a neutral and independent arbiter who has no prior involvement in the original
investigation of the allegation. Department information pertaining to the investigation
that is obtained by the reviewer outside of the review meeting shall be disclosed
to the person seeking the review.
(g) Within seven days after the conference, the administrative reviewer shall:
(1) reject the Department’s substantiation determination;
(2) accept the Department’s substantiation; or
(3) place the substantiation determination on hold and direct the Department to further
investigate the case based upon recommendations of the reviewer.
(h) If the administrative reviewer accepts the Department’s substantiation determination,
a Registry record shall be made immediately. If the reviewer rejects the Department’s
substantiation determination, no Registry record shall be made.
(i) Within seven days after the decision to reject, accept, or to place the substantiation
on hold in accordance with subsection (g) of this section, the administrative reviewer
shall provide notice to the person of the reviewer’s decision to the most recent address
provided by the person. If the administrative reviewer accepts the Department’s substantiation,
the notice shall advise the person of the right to appeal the administrative reviewer’s
decision to the human services board in accordance with section 4916b of this title.
(j) Persons whose names were placed on the Registry on or after January 1, 1992 but prior
to September 1, 2007 shall be entitled to an opportunity to seek an administrative
review to challenge the substantiation.
(k) If no administrative review is requested, the Department’s decision in the case shall
be final, and the person shall have no further right of review under this section.
The Commissioner may grant a waiver and permit such a review upon good cause shown.
Good cause may include an acquittal or dismissal of a criminal charge arising from
the incident of abuse or neglect.
(l) In exceptional circumstances, the Commissioner, in his or her sole and nondelegable
discretion, may reconsider any decision made by a reviewer. A Commissioner’s decision
that creates a Registry record may be appealed to the Human Services Board in accordance
with section 4916b of this title. (Added 2007, No. 77, § 1, eff. Sept. 1, 2007; amended 2007, No. 168 (Adj. Sess.), § 9, eff. Sept. 1, 2008; 2009, No. 154 (Adj. Sess.), § 221; 2015, No. 92 (Adj. Sess.), § 1, eff. May 10, 2016; 2023, No. 154 (Adj. Sess.), § 6, eff. September 1, 2024.)
§ 4916b. Human Services Board hearing
(a) Within 30 days after the date on which the administrative reviewer sent notice, the
person who is the subject of the substantiation may apply in writing to the Human
Services Board for relief. The Board shall hold a fair hearing pursuant to 3 V.S.A. § 3091. When the Department receives notice of the appeal, it shall make note in the Registry
record that the substantiation has been appealed to the Board.
(b)(1) The Board shall hold a hearing within 60 days after the receipt of the request for
a hearing and shall issue a decision within 30 days after the hearing.
(2) Priority shall be given to appeals in which there are immediate employment consequences
for the person appealing the decision.
(3)(A) Article VIII of the Vermont Rules of Evidence (Hearsay) shall not apply to any hearing
held pursuant to this subchapter with respect to statements made by a child 12 years
of age or under who is alleged to have been abused or neglected and the child shall
not be required to testify or give evidence at any hearing held under this subchapter.
Evidence shall be admissible if the time, content, and circumstances of the statements
provide substantial indicia of trustworthiness.
(B) Article VIII of the Vermont Rules of Evidence (Hearsay) shall not apply to any hearing
held pursuant to this subchapter with respect to statements made by a child who is
at least 13 years of age and under 16 years of age who is alleged to have been abused
or neglected and the child shall not be required to testify or give evidence at any
hearing held under this subchapter in either of the following circumstances:
(i) The hearing officer determines, based on a preponderance of the evidence, that requiring
the child to testify will present a substantial risk of trauma to the child. Evidence
of trauma need not be offered by an expert and may be offered by any adult with an
ongoing significant relationship with the child. Evidence shall be admissible if the
time, content, and circumstances of the statements provide substantial indicia of
trustworthiness.
(ii) The hearing officer determines that the child is physically unavailable to testify
or the Department has made diligent efforts to locate the child and was unsuccessful.
Evidence shall be admissible if the time, content, and circumstances of the statements
provide substantial indicia of trustworthiness.
(4) Convictions and adjudications that arose out of the same incident of abuse or neglect
for which the person was substantiated, whether by verdict, by judgment, or by a plea
of any type, including a plea resulting in a deferred sentence, shall be competent
evidence in a hearing held under this subchapter.
(c) A hearing may be stayed upon request of the petitioner if there is a related case
pending in the Criminal or Family Division of the Superior Court that arose out of
the same incident of abuse or neglect for which the person was substantiated.
(d) If no review by the Board is requested, the Department’s decision in the case shall
be final, and the person shall have no further right for review under this section.
The Board may grant a waiver and permit such a review upon good cause shown. (Added 2007, No. 77, § 1, eff. Sept. 1, 2007; amended 2007, No. 168 (Adj. Sess.), § 10; 2009, No. 1, § 29; 2009, No. 154 (Adj. Sess.), § 222; 2017, No. 147 (Adj. Sess.), § 1; 2023, No. 154 (Adj. Sess.), § 7, eff. September 1, 2024.)
§ 4916c. Petition for expungement from the Registry
(a)(1) Pursuant to rules adopted in accordance with subsection 4916(e) of this title, a person whose name has been placed on the Registry may file a written request with
the Commissioner, seeking a review for the purpose of expunging an individual Registry
record. The Commissioner shall grant a review upon an eligible person’s request.
(2) A person who is required to register as a sex offender on the State’s Sex Offender
Registry shall not be eligible to petition for expungement of the person’s Registry
record until the person is no longer subject to Sex Offender Registry requirements.
(b)(1) The person shall have the burden of proving that a reasonable person would believe
that the person no longer presents a risk to the safety or well-being of children.
(2) The Commissioner shall consider the following factors in making a determination:
(A) the nature of the substantiation that resulted in the person’s name being placed on
the Registry;
(B) the number of substantiations;
(C) the amount of time that has elapsed since the substantiation;
(D) the circumstances of the substantiation that would indicate whether a similar incident
would be likely to occur;
(E) any activities that would reflect upon the person’s changed behavior or circumstances,
such as therapy, employment, or education;
(F) references that attest to the person’s good moral character; and
(G) any other information that the Commissioner deems relevant.
(3) The Commissioner may deny a petition for expungement based solely on subdivision (2)(A)
or (2)(B) of this subsection. The Commissioner’s decision to deny an expungement petition
shall contain information about how to prepare for future expungement requests.
(c) At the review, the person who requested the review shall be provided with the opportunity
to present any evidence or other information, including witnesses, that supports the
person’s request for expungement. Upon the person’s request or during a declared state
of emergency in Vermont, the conference may be held through a live, interactive, audio-
video connection or by telephone.
(d) A person may seek a review under this section not more than once every 36 months.
(e) Within 30 days after the date on which the Commissioner sent notice of the decision
pursuant to this section, a person may appeal the decision to the Human Services Board.
The person shall be prohibited from challenging the substantiation at such hearing,
and the sole issues before the Board shall be whether the Commissioner abused the
Commissioner’s discretion in denying the petition for expungement. The hearing shall
be on the record below, and determinations of credibility of witnesses made by the
Commissioner shall be given deference by the Board.
(f) The Department shall take steps to provide reasonable notice to persons on the Registry
of their right to seek an expungement under this section. Actual notice is not required.
Reasonable steps may include activities such as the production of an informative fact
sheet about the expungement process, posting of such information on the Department
website, and other approaches typically taken by the Department to inform the public
about the Department’s activities and policies. The Department shall send notice of
the expungement process to any person listed on the Registry for whom a Registry check
has been requested. (Added 2007, No. 77, § 1, eff. June 7, 2007; amended 2007, No. 168 (Adj. Sess.), § 11; 2015, No. 92 (Adj. Sess.), § 2, eff. May 10, 2016; 2023, No. 154 (Adj. Sess.), § 8, eff. September 1, 2024.)
§ 4916d. Automatic expungement of registry records
Registry entries concerning a person whose conduct was substantiated for behavior
occurring before the person reached 10 years of age shall be expunged when the person
reaches 18 years of age, provided that the person has had no additional substantiated
Registry entries. (Added 2007, No. 77, § 1, eff. June 7, 2007; amended 2007, No. 168 (Adj. Sess.), § 12; 2023, No. 154 (Adj. Sess.), § 9, eff. September 1, 2024.)
§ 4916e. Notice to minors
If the person alleged to have abused or neglected a child is a minor, any notice required
pursuant to this subchapter shall be sent:
(1) to the minor’s parents or guardian; or
(2) if the child is in the custody of the Commissioner, to the social worker assigned
to the child by the Department and the child’s counsel of record. (Added 2007, No. 77, § 1, eff. June 7, 2007.)
§ 4917. Multidisciplinary teams; empaneling
(a) The Commissioner or his or her designee may impanel a multidisciplinary team or a
special investigative multitask force team, or both, wherever in the State there may
be a probable case of child abuse or neglect that warrants the coordinated use of
several professional services. These teams shall participate and cooperate with the
local special investigation unit in compliance with 13 V.S.A. § 5415.
(b) The Commissioner or his or her designee, in conjunction with professionals and community
agencies, shall appoint members to the multidisciplinary teams which may include persons
who are trained and engaged in work relating to child abuse or neglect such as medicine,
mental health, social work, nursing, child care, education, law, or law enforcement.
The teams shall include a representative of the Department of Corrections. Additional
persons may be appointed when the services of those persons are appropriate to any
particular case.
(c) The empaneling of a multidisciplinary or special investigative multi-task force team
shall be authorized in writing and shall specifically list the members of the team.
This list may be amended from time to time as needed as determined by the Commissioner
or his or her designee. (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 2007, No. 168 (Adj. Sess.), § 13; 2007, No. 172 (Adj. Sess.), § 21; 2007, No. 174 (Adj. Sess.), § 17; 2009, No. 1, § 18, eff. March 4, 2009.)
§ 4918. Multidisciplinary teams; functions; guidelines
(a) Multidisciplinary teams shall assist local district offices of the Department in identifying
and treating child abuse or neglect cases. With respect to any case referred to it,
the team may assist the district office by providing:
(1) case diagnosis or identification;
(2) a comprehensive treatment plan; and
(3) coordination of services pursuant to the treatment plan.
(b) Multidisciplinary teams may also provide public informational and educational services
to the community about identification, treatment, and prevention of child abuse and
neglect. They shall also foster communication and cooperation among professionals
and organizations in their community and provide such recommendations or changes in
service delivery as they deem necessary. (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 2007, No. 168 (Adj. Sess.), § 14; 2021, No. 20, § 336.)
§ 4919. Disclosure of Registry records
(a) The Commissioner may disclose a Registry record only as follows:
(1) To the State’s Attorney or the Attorney General.
(2) To the owner or operator of a facility regulated by the Department for the purpose
of informing the owner or operator that employment of a specific individual may result
in loss of license, registration, certification, or authorization as set forth in
section 152 of this title.
(3) To an employer if such information is used to determine whether to hire or retain
a specific individual providing care, custody, treatment, transportation, or supervision
of children or vulnerable adults. The employer may submit a request concerning a current
employee, volunteer, grantee, or contractor or an individual to whom the employer
has given a conditional offer of a contract, volunteer position, or employment. The
request shall be accompanied by a release signed by the current or prospective employee,
volunteer, grantee, or contractor. If that individual has a record of a substantiated
report, the Commissioner shall provide the Registry record to the employer. The employer
shall not disclose the information contained in the Registry report.
(4) To the Commissioners of Disabilities, Aging, and Independent Living and of Mental
Health or their designees for purposes related to the licensing or registration of
facilities regulated by those Departments.
(5) To the Commissioners of Health; of Disabilities, Aging, and Independent Living; and
of Mental Health or their designees for purposes related to oversight and monitoring
of persons who are served by or compensated with funds provided by those Departments,
including persons to whom a conditional offer of employment has been made.
(6) Upon request or when relevant to other states’ adult protective services offices.
(7) Upon request or when relevant to other states’ child protection agencies.
(8) To the person substantiated for child abuse and neglect who is the subject of the
record.
(9) To the Commissioner of Corrections in accordance with the provisions of 28 V.S.A. § 204a(b)(3).
(10) To the Board of Medical Practice for the purpose of evaluating an applicant, licensee,
or holder of certification pursuant to 26 V.S.A. § 1353.
(11) To the Cannabis Control Board, in accordance with the provisions of 7 V.S.A. § 954.
(b) An employer providing transportation services to children or vulnerable adults may
disclose Registry records obtained pursuant to subdivision (a)(3) of this section
to the Agency of Human Services or its designee for the sole purpose of auditing the
records to ensure compliance with this subchapter. An employer shall provide such
records at the request of the Agency or its designee. Only Registry records regarding
individuals who provide direct transportation services or otherwise have direct contact
with children or vulnerable adults may be disclosed.
(c) Volunteers shall be considered employees for purposes of this section.
(d) Disclosure of Registry records or information or other records used or obtained in
the course of providing services to prevent child abuse or neglect or to treat abused
or neglected children and their families by one member of a multidisciplinary team
to another member of that team shall not subject either member of the multidisciplinary
team, individually, or the team as a whole, to any civil or criminal liability notwithstanding
any other provision of law.
(e) “Employer,” as used in this section, means a person or organization that employs or
contracts with one or more individuals to care for or provide transportation services
to children or vulnerable adults, on either a paid or volunteer basis.
(f) In no event shall Registry records be made available for employment purposes other
than as set forth in this subsection or for credit purposes. Any person who violates
this subsection shall be fined not more than $500.00.
(g) Nothing in this subsection shall limit the Department’s right to use and disclose
information from its records as provided in section 4921 of this chapter. (Added 1981, No. 207 (Adj. Sess.), § 1, eff. April 25, 1982; amended 1983, No. 169 (Adj. Sess.), § 2; 1991, No. 159 (Adj. Sess.), § 4; 1993, No. 100, § 7; 2001, No. 135 (Adj. Sess.), § 16, eff. June 13, 2002; 2003, No. 66, § 136b; 2005, No. 174 (Adj. Sess.), § 121; 2007, No. 77, § 1, eff. June 7, 2007; 2007, No. 168 (Adj. Sess.), § 15; 2009, No. 1, § 37; 2011, No. 61, § 7, eff. June 2, 2011; 2023, No. 65, § 18, eff. June 14, 2023.)
§ 4920. Repealed. 2007, No. 168 (Adj. Sess.), § 16.
§ 4921. Department’s records of abuse and neglect
(a) Record maintenance and disclosure generally. The Commissioner shall maintain all records of all investigations, assessments, reviews,
and responses initiated under this subchapter. The Department may use and disclose
information from such records in the usual course of its business, including to assess
future risk to children, to provide appropriate services to the child or members of
the child’s family, or for other legal purposes.
(b) Duty to inform parents or guardians. The Commissioner shall promptly inform the parents, if known, or guardian of the
child that a report has been accepted as a valid allegation pursuant to subsection 4915(b) of this title and the Department’s response to the report. The Department shall inform the parent
or guardian of the parent’s or guardian’s ability to request records pursuant to subsection
(c) of this section. This section shall not apply if the parent or guardian is the
subject of the investigation.
(c) Disclosure of redacted investigation files. Upon request, the redacted investigation file shall be disclosed to:
(1) the child’s parents, foster parent, or guardian, absent good cause shown by the Department,
provided that the child’s parent, foster parent, or guardian is not the subject of
the investigation;
(2) the person alleged to have abused or neglected the child, as provided for in subsection 4916a(d) of this title; and
(3) the attorney representing the child in a child custody proceeding in the Family Division
of the Superior Court.
(d) Disclosure of records created by the Department. Upon request, Department records created under this subchapter shall be disclosed
to:
(1) the court, parties to the juvenile proceeding, and the child’s guardian ad litem if
there is a pending juvenile proceeding or if the child is in the custody of the Commissioner;
(2) the Commissioner or person designated by the Commissioner to receive such records;
(3) persons assigned by the Commissioner to conduct investigations;
(4) law enforcement officers engaged in a joint investigation with the Department, an
Assistant Attorney General, or a State’s Attorney;
(5) other State agencies conducting related inquiries or proceedings; and
(6) the Office of the Child, Youth, and Family Advocate for the purpose of carrying out
the provisions in chapter 32 of this title.
(e) Disclosure of relevant Department records or information.
(1) Upon request, relevant Department records or information created under this subchapter
shall be disclosed to:
(A) a person, agency, or organization, including a multidisciplinary team empaneled under
section 4917 of this title, authorized to diagnose, care for, treat, or supervise a child or family who is the
subject of a report or record created under this subchapter, or who is responsible
for the child’s health or welfare;
(B) health and mental health care providers working directly with the child or family
who is the subject of the report or record;
(C) educators working directly with the child or family who is the subject of the report
or record;
(D) licensed or approved foster caregivers for the child;
(E) mandated reporters as defined by section 4913 of this subchapter, making a report
in accordance with the provisions of section 4914 of this subchapter and engaging
in an ongoing working relationship with the child or family who is the subject of
the report;
(F) a Family Division of the Superior Court involved in any proceeding in which:
(i) custody of a child or parent-child contact is at issue pursuant to 15 V.S.A. chapter 11, subchapter 3A;
(ii) a parent of a child challenges a presumption of parentage under 15C V.S.A. § 402(b)(3); or
(iii) a parent of a child contests an allegation that he or she fostered or supported a
bonded and dependent relationship between the child and a person seeking to be adjudicated
a de facto parent under 15C V.S.A. § 501(a)(2);
(G) a Probate Division of the Superior Court involved in guardianship proceedings; and
(H) other governmental entities for purposes of child protection.
(2) Determinations of relevancy shall be made by the Department.
(3) In providing records or information under this subsection, the Department may withhold:
(A) information that could compromise the safety of the reporter or the child or family
who is the subject of the report; or
(B) specific details that could cause the child to experience significant mental or emotional
stress.
(4) In providing records or information under this section, the Department may also provide
other records related to its child protection activities for the child.
(5) Any persons or agencies authorized to receive confidential information under this
section may share such information with other persons or agencies authorized to receive
confidential information under this section for the purposes of providing services
and benefits to the children and families those persons or agencies mutually serve.
(f) Disclosure to prevent harm. Upon request, relevant Department information created under this subchapter may be
disclosed to a parent with a reasonable concern that an individual who is residing
at least part time with the parent requestor’s child presents a risk of abuse or neglect
to the requestor’s child. As it is used in this subsection, “relevant Department information”
shall mean information regarding the individual that the Department determines could
avert the risk of harm presented by the individual to the requestor’s child. If the
Department denies the request for information, the requestor may petition the Family
Division of the Superior Court, which may, after weighing the privacy concerns of
the individuals involved with the parent’s right to protect his or her child, order
the release of the information.
(g) Disclosure to adults that were subject to foster care placement.
(1) It is the intent of the General Assembly that it be the policy of the State that:
(A) adults who were subject to placement in State foster care, institutions, and other
systemic placements have a statutory right to access their own records in order to
more fully understand their own personal stories, including their health, education,
family, and other histories; access healing in their chosen way; and be recognized
and trusted as legitimate custodians of their own information;
(B) the Department make good faith efforts to disclose such records in the broadest form
permitted under applicable federal or State law in order to assist with the administration
of Vermont’s state plan for foster care and establishing eligibility for programs
or services; and
(C) any disclosures made by the Department that are prohibited by applicable federal or
State law be construed as good faith efforts of the Department to comply with the
State’s policy and statutory scheme.
(2) Upon request, Department records created under this subchapter shall be disclosed,
at no cost, to an individual who meets the following criteria, to the extent permitted
by federal or State law:
(A) the individual is the subject of the records requested;
(B) the individual is 18 years of age or older; and
(C) as a minor, the individual was in foster care or subject to any juvenile judicial
proceeding under this title.
(3) In providing records or information pursuant to this subsection, the Department may
withhold or redact the following:
(A) identifying information about any person, other than the subject, in which there is
a substantial likelihood that a person’s safety would be compromised if disclosed;
(B) information that creates a substantial likelihood that would compromise an active
law enforcement investigation; or
(C) reports or investigatory records about the subject of the record request in which
there is a formal allegation that the subject committed an act of abuse or neglect.
(h) Penalty. Any records or information disclosed under this section and information relating
to the contents of those records or reports shall not be disseminated by the receiving
persons or agencies to any persons or agencies, other than to those persons or agencies
authorized to receive information pursuant to this section. A person who intentionally
violates the confidentiality provisions of this section shall be fined not more than
$2,000.00. (Added 2007, No. 168 (Adj. Sess.), § 17; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2015, No. 60, § 5; 2017, No. 162 (Adj. Sess.), § 3; 2021, No. 105 (Adj. Sess.), § 613, eff. July 1, 2022; 2021, No. 129 (Adj. Sess.), § 3, eff. January 1, 2023; 2023, No. 173 (Adj. Sess.), § 1, eff. June 12, 2024.)
§ 4922. Rulemaking
(a) On or before April 1, 2026, the Commissioner shall file proposed rules pursuant to
3 V.S.A. chapter 25 implementing the provisions of this subchapter to become effective on September 1,
2026. These shall include:
(1) rules setting forth criteria for determining whether to conduct an assessment or an
investigation;
(2) rules setting out procedures for assessment and service delivery;
(3) rules outlining procedures for investigations;
(4) rules for conducting the administrative review conference;
(5) rules regarding access to and maintenance of Department records of investigations,
assessments, reviews, and responses;
(6) rules regarding the tiered Registry as required by section 4916 of this title;
(7) rules requiring notice and appeal procedures for alternatives to substantiation; and
(8) rules implementing subsections 4916(c) and (e) of this title.
(b) The rules shall strike an appropriate balance between protecting children and respecting
the rights of a parent or guardian, including a parent or guardian with disabilities,
and shall recognize that persons with a disability can be successful parents. The
rules shall include the possible use of adaptive equipment and supports. (Added 2007, No. 168 (Adj. Sess.), § 18; amended 2023, No. 154 (Adj. Sess.), § 10, eff. September 1, 2024; 2025, No. 27, § E.317, eff. July 1, 2025.)
§ 4923. Reporting
The Commissioner shall publish an annual report regarding reports of child abuse and
neglect no later than June 30, for the previous year. The report shall include:
(1) The number of reports accepted as valid allegations of child abuse or neglect.
(2) The number of reports that resulted in an investigative response; particularly:
(A) the number of investigations that resulted in a substantiation;
(B) the types of maltreatment substantiated;
(C) the relationship of the perpetrator to the victim, by category; and
(D) the gender and age group of the substantiated victims.
(3) The number of reports that resulted in an assessment response; particularly:
(A) the general types of maltreatment alleged in cases that received an assessment response;
and
(B) the number of assessments that resulted in the recommendation of services.
(4) Trend information over a five-year period. Beginning with the adoption of the assessment
response and continuing over the next five years, the report shall explain the impact
of the assessment response on statistical reporting. (Added 2007, No. 168 (Adj. Sess.), § 19.)