Child Care Facilities

V.S.A. tit. 33, ch. 35, subch. 1

in effect

33 V.S.A. § 3501 Division of Child Development; duties

3501. Division of Child Development; duties The Division of Child Development shall: (1) encourage the development of a comprehensive child care services system that promotes the wholesome growth and educational development of children; (2) facilitate the development of child care facilities; (3) encourage and promote the provision by child care providers of parenting education, developmentally appropriate activities, and primary prevention services; (4) facilitate cooperation between the private and public sectors to promote the expansion of child care services; (5) promote continuing study of child care needs and the most effective methods by which these needs can be served through governmental and private programs; (6) coordinate activities of the Division with other State agencies serving children and families; (7) strive to make the State a model employer by encouraging it to offer a variety of child care benefit options to its employees; (8) provide training for child care providers; (9) support resource and referral services for parents and providers; and (10) promote the involvement of businesses and communities in the development of child care services throughout the State by providing technical assistance to providers and potential providers of child care services. Added 1967, No. 147, § 5; amended 1971, No. 181 (Adj. Sess.); 1973, No. 152 (Adj. Sess.), § 23, eff. April 14, 1974; 2013, No. 131 (Adj. Sess.), § 61, eff. May 20, 2014.

33 V.S.A. § 3502 Child care facilities; school age care in public schools; 21st Century Fund

3502. Child care facilities; school age care in public schools; 21st Century Fund (a) Unless exempted under subsection (b) of this section, a person shall not operate a child care facility without a license or operate a family child care home without registration from the Department. (b) The following persons are exempted from the provisions of subsection (a) of this section: (1) a person providing care for children of not more than two families other than that of the person providing the care; (2) a hospital or establishment holding a license issued by the Department of Health or a person operating a program primarily for recreational or therapeutic purposes, unless the hospital, establishment, or person provides services for the care, protection, and supervision of children not incidental to its primary purpose, in which case subsection (a) of this section shall apply to those nonincidental additional services; (3) child care facilities operated by religious organizations for the care and supervision of children during or in connection with religious services or church sponsored activities; (4) [Repealed.] (5) an after-school program that serves students in one or more grades from kindergarten through secondary school, that receives funding through the 21st Century Community Learning Centers program, and that is overseen by the Agency of Education, unless the after-school program asks to participate in the child care subsidy program. (c) A person who has a license to operate a child care facility shall not operate a family child care home. A person who operates a registered family child care home shall not operate a child care facility. (d)(1) Rules pertaining to child care facilities and family child care homes shall be designed to ensure that children in child care facilities and family child care homes are provided with wholesome growth and educational experiences and are not subjected to neglect, mistreatment, or immoral surroundings. (2) A licensed child care facility shall ensure that all individuals working at the facility receive orientation, based on materials recommended by the Agency of Human Services and the Agency of Education, on the prevention, identification, and mandatory reporting of child abuse, including child sexual abuse, signs and symptoms of sexual abuse, sexual violence, grooming processes, recognizing the dangers of child sexual abuse in and close to the home, and other predatory behaviors of sex offenders. (e) At least each three years, the Department shall review the rules for licensure and registration for revision or updating. (f) The Commissioner, upon request, and in the Commissioner’s discretion, may grant waivers and variances to child-adult ratios if licensure is applied for by a registered child care facility. (g) [Repealed.] (h) Notwithstanding any provision of law to the contrary, the Agency of Human Services may provide technical assistance to schools in voluntarily meeting school age child care standards. (i) [Repealed.] Added 1967, No. 147, § 5; amended 1969, No. 254 (Adj. Sess.); 1971, No. 14, § 21, eff. March 11, 1971; 1973, No. 152 (Adj. Sess.). § 24, eff. April 14, 1974; 1981, No. 171 (Adj. Sess.), § 3, eff. April 20, 1982; 2001, No. 61, § 74, eff. June 16, 2001; 2005, No. 174 (Adj. Sess.), §§ 109, 140; 2007, No. 62, § 8; 2007, No. 172 (Adj. Sess.), § 15; 2009, No. 1, § 10; 2009, No. 44, § 26, eff. May 21, 2009; 2013, No. 92 (Adj. Sess.), § 294, eff. Feb. 14, 2014; 2013, No. 131 (Adj. Sess.), § 62, eff. May 20, 2014; 2021, No. 20, § 319.

33 V.S.A. § 3503 Corporal punishment prohibited

3503. Corporal punishment prohibited (a) As used in this chapter, “corporal punishment” means the intentional infliction of physical pain upon the body of a child as a disciplinary measure. (b) No person employed by or agent of a licensed or registered child care facility shall inflict or cause to be inflicted corporal punishment upon a child attending the facility. However, this section does not prohibit a person from using reasonable and necessary force: (1) to quell a disturbance; (2) to obtain possession of dangerous objects upon the person of or within the control of a child; (3) for the purpose of self defense; or (4) for the protection of persons or property. Added 1983, No. 145 (Adj. Sess.), § 2; amended 2007, No. 172 (Adj. Sess.), § 16; 2021, No. 20, § 320.

33 V.S.A. § 3504 Cannabis and tobacco use prohibited at child care facilities

3504. Cannabis and tobacco use prohibited at child care facilities (a) No person shall be permitted to use cannabis as defined in 18 V.S.A. § 4201 or to cultivate cannabis, or use tobacco products or tobacco substitutes as defined in 7 V.S.A. § 1001, on the premises, both indoor and outdoor, of any licensed child care center or afterschool program at any time. (b) No person shall be permitted to use cannabis as defined in 18 V.S.A. § 4201, tobacco products, or tobacco substitutes as defined in 7 V.S.A. § 1001 on the premises, both indoors and in any outdoor area designated for child care, of a licensed or registered family child care home while children are present and in care. If use of cannabis or smoking of tobacco products or tobacco substitutes occurs on the premises during other times, the family child care home shall notify prospective families prior to enrolling a child in the family child care home that their child will be exposed to an environment in which cannabis, tobacco products, or tobacco substitutes are used. Cultivation of cannabis in a licensed or registered family child care home is not permitted. (c) A person who knowingly uses or cultivates cannabis in violation of this section commits a misdemeanor crime and shall be subject to the following penalties: (1) a fine of not more than $500.00 for a first offense; (2) a fine of not more than $750.00 for a second offense; (3) a fine of not more than $1,000.00 for a third or subsequent offense. Added 2013, No. 135 (Adj. Sess.), § 5; amended 2017, No. 86 (Adj. Sess.), § 16.

33 V.S.A. § 3505 Supplemental child care grants

3505. Supplemental child care grants (a)(1)(A) The Commissioner for Children and Families may utilize up to one-half of one percent of funds appropriated for the Child Care Financial Assistance Program in a fiscal year for extraordinary financial relief to assist child care programs that are at risk of closing or not opening due to experiencing financial hardship. The Commissioner may provide extraordinary financial relief under this subdivision (A) to both licensed and registered child care programs and to child care programs that are in the process of becoming licensed or registered. The Commissioner shall develop guidelines for providing assistance and shall prioritize extraordinary financial relief to child care programs in areas of the State with high poverty and low access to high-quality child care. (B) In order to transition children who are currently served by a child care program that is closing to a new child care program in an orderly fashion, the Commissioner may provide assistance to the existing or new program to minimize the disruption of services to the affected children. (C) As needed to implement this subdivision (1), the Commissioner has the authority to request tax returns and other financial documents to verify a child care program’s financial hardship and its ability to sustain or increase operations. (2) Annually on or before January 15, the Commissioner shall report to the Senate Committee on Health and Welfare and to the House Committee on Human Services regarding any funds distributed pursuant to subdivision (1) of this subsection. Specifically, the report shall address how funds were distributed and used. It shall also address results related to any distribution of funds. (b) In instances in which extraordinary financial relief will not maintain ongoing access to high-quality child care, the Department for Children and Families may provide additional support to ensure access to high-quality, comprehensive child care that meets the needs of working parents in high-poverty areas of Vermont. Licensed child care programs may be considered for this additional financial support to help ensure ongoing access to high-quality child care in areas of the State where none exists, as determined by the Commissioner. Financial assistance may be granted, at the discretion of the Commissioner, if the child care program meets the following criteria: (1) provides full-day child care year-round; (2) serves infants and toddlers; (3) is located in a high-poverty area without access to public transportation, as determined by the Commissioner; (4) maintains a 5 star rating in the STep Ahead Recognition System (STARS) program; (5) maintains a caseload in which at least 80 percent of enrollees receive a 100 percent child care subsidy; and (6) receives child care subsidies as its primary source of program revenue. Added 2013, No. 179 (Adj. Sess.), § E.318; amended 2015, No. 58, § E.318; 2025, No. 27, § E.318, eff. July 1, 2025.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/33/035Fetched: 10/21/2026