General Provisions; Eligibility, Aid, and Services

V.S.A. tit. 33, ch. 11, subch. 1

in effect

33 V.S.A. § 1101 Definitions

1101. Definitions As used in this chapter: (1) “Able to work” means to be free of any physical, emotional, or mental condition that would prevent the individual from engaging in any combination of the work activities identified in subdivisions (28)(A) through (E) of this section for at least 35 hours per week. (2) “Able to work part time” means having a physical, emotional, or mental condition that would allow the individual to engage in any combination of the work activities identified in subdivisions (28)(A) through (E) of this section for at least 10 hours per week but would prevent the individual from engaging in such activities for 35 or more hours per week. (3) “Adult” means an individual who: (A) is 18 years of age or older and not a dependent child; or (B) is under 18 years of age and: (i) is pregnant; or (ii) is a parent who is the caretaker for a dependent child. (4) “Assessment” means the information-gathering process, carried out by the Department’s established protocol, that identifies an individual’s skills, aptitudes, interests, life and work experience, and barriers, and the determination of how these factors relate to the individual’s current or potential participation in the labor force and his or her family responsibilities. Where appropriate, this process includes the use of tests, other standardized measurement tools, and referrals to relevant professionals for evaluation or diagnosis. The Department shall use the information gathered as part of this process in developing the individual’s family development plan as well as, where applicable, assessing the appropriateness and feasibility of the individual’s education, training, and employment goals and determining the individual’s ability to work. The Department shall include a process to determine the development and well-being of the children in the family. (5) “Barrier” means any physical, emotional, or mental condition; any lack of an educational, vocational, or other skill or ability; and any lack of transportation, child care, housing, medical assistance, or other services or resources, domestic violence circumstances, caretaker responsibilities, or other conditions or circumstances that prevent an individual from engaging in employment or other work activity. (6) “Caretaker” means an individual 18 years of age or older who is fulfilling a parental role in caring for a dependent child by providing physical care, guidance, and decision making related to the child’s health, school, medical care, and discipline. (7) “Case management” means the services provided by or through the Department to participating families, including assessment, information, referrals, and assistance in the preparation and implementation of a family development plan under section 1107 of this title. (8) “Commissioner” means the Commissioner for Children and Families or his or her designee. (9) “Department” means the Department for Children and Families. (10) “Dependent child” means a child who is a resident of this State and: (A) is under 18 years of age; or (B) is 18 years of age or older who is a full-time student in a secondary school, or attending an equivalent level of vocational or technical training, and is reasonably expected to complete the educational program before reaching 22 years of age or is not expected to complete the educational program before reaching 22 years of age solely due to a documented disability. (11) “Eligible family” means a family that is determined to be financially eligible for the programs authorized by this chapter, in accordance with rules adopted by the Commissioner. (12) “Family” means: (A) one or more dependent children living with one or both parents or a relative or caretaker of such children; or (B) a pregnant individual. (13) “Financial assistance” means cash, payments, electronic or direct payments for a family’s housing or other expenses, and other forms of benefits designed to meet a family’s ongoing basic needs that are available through the Reach Up program. A family’s ongoing basic needs include food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses. (14) “Living with a relative or caretaker” means living with a caretaker or relative in a residence maintained by the caretaker or one or more relatives as his or her or their home. (15) “Parent” means: (A) the same as in 15C V.S.A. § 102(16); (B) stepparents; and (C) pregnant individuals. (16) “Participant” or “participating adult” means an adult member of a participating family. (17) “Participating family” means an eligible family that participates in the Reach Up program. (18) “Reach Ahead” means the program established in chapter 12 of this title. (19) “Reach First” means the program established in chapter 10 of this title. (20) “Reach Up” means the program administered by the Department that assists and enables eligible families to become self-sufficient by providing financial assistance and Reach Up services. (21) “Reach Up services” means the service component of the Reach Up program consisting of case management services, support services, and referrals provided to eligible families to assist them in becoming self-sufficient. (22) “Relative” means a person related to a dependent child, as defined by the Department by rule. (23) “Resources” means any income and property available from whatever source. (24) “Secretary” means the Secretary of Human Services or his or her designee. (25) “Subsidized job” means employment for which the employer receives a subsidy from TANF funds or other public funds to offset some or all of the wages and costs of employing a participant. (26) “Temporary Assistance to Needy Families” or “TANF” means the block grant provided to this State and established in accordance with Part A of Title IV of the federal Social Security Act, as amended, and the regulations promulgated under the Act by the U.S. Secretary of Health and Human Services. (27) “Unable to work” means not able to work and not able to work part time. (28) “Work activities” means the following activities, limited to the extent and degree that they are allowed and countable in accordance with Part A of Title IV of the Social Security Act: (A) unsubsidized employment; (B) subsidized private sector employment; (C) subsidized public sector employment; (D) work experience (including work associated with the refurbishing of publicly assisted housing) if sufficient private sector employment is not available; (E) on-the-job training; (F) job search and job readiness assistance; (G) community service programs; (H) vocational educational training (not to exceed 12 months with respect to any individual); (I) job skills training directly related to employment; (J) education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; (K) satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate; (L) the provision, consistent with the Department’s rules applicable to self-employment, of child care services to an individual who is participating in a community service program; (M) attendance at a financial literacy class; and (N) any other work activity recognized in accordance with Part A of Title IV of the Social Security Act as amended. (29) “Work-ready” means the participant possesses the education or skills demanded by the local job market or is capable of participating in one or more work activities at the level required by the participant’s work requirement, and is not subject to any barrier. Added 1967, No. 147, § 4, eff. date, see note below; amended 1969, No. 256 (Adj. Sess.), § 6, eff. April 6, 1970; 1973, No. 152 (Adj. Sess.), §§ 20, 30, 37, eff. April 14, 1974; 1981, No. 108, § 320; 1999, No. 147 (Adj. Sess.), § 4; 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; 2005, No. 113 (Adj. Sess.), § 2; 2005, No. 174 (Adj. Sess.), § 82; 2007, No. 30, § 2, eff. May 17, 2007; 2013, No. 131 (Adj. Sess.), § 23, eff. May 20, 2014; 2019, No. 72, § E.323.2; 2021, No. 20, § 286; 2021, No. 133 (Adj. Sess.), § 1, eff. Jan. 1, 2024.

33 V.S.A. § 1102 Purpose

1102. Purpose (a) The purpose of the Reach Up program is: (1) to assist families, recognizing individual and unique characteristics, to obtain the opportunities and skills necessary for self-sufficiency; (2) to encourage economic independence by removing barriers and disincentives to work and providing positive incentives to work; (3) to support parental nurturing; (4) to support parental responsibility and positive parental role models, both custodial and noncustodial; (5) to measure the success of the system by what is best for children; (6) to improve the well-being of children by providing for their immediate basic needs, including food, housing, and clothing; (7) to respect the dignity of individuals and families receiving assistance by providing employment, education, and other services through social service delivery systems available to all Vermont residents and by encouraging the private sector to integrate families receiving assistance into the mainstream of the employment market; (8) to recognize the challenges facing many families receiving assistance by minimizing structural financial disincentives to increased earnings and the abrupt termination of assistance before parents are fully integrated into the employment market; (9) to conserve State public financial resources by operating the system of aid in a manner that is efficient and avoids federal fiscal sanctions; and (10) to conform to the federal TANF law. (b) The critical elements of developing a program that assists families to attain self-sufficiency are: (1) the opportunity and obligation to work for those parents who are physically, emotionally, and otherwise able to do so; (2) cooperative and realistic goal-setting, coupled with individualized case management that addresses each individual’s situation and barriers to self-sufficiency; (3) rigorous child support collection from noncustodial parents; and (4) a full range of supportive modalities, including appropriate training, education, financial assistance, child care, counseling, and transportation. Added 1993, No. 106 (Adj. Sess.), § 2, eff. Jan. 12, 1994; amended 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; 2007, No. 30, § 3, eff. May 17, 2007.

33 V.S.A. § 1103 Eligibility and benefit levels

1103. Eligibility and benefit levels (a) Financial assistance shall be given for the benefit of a dependent child to the relative or caretaker with whom the child is living, unless otherwise provided. The amount of financial assistance to which an eligible person is entitled shall be determined with due regard to the income, resources, and maintenance available to that person and, as far as funds are available, shall provide that person a reasonable subsistence compatible with decency and health. The Commissioner may fix by rule maximum amounts of financial assistance and act to ensure that the expenditures for the programs shall not exceed appropriations for them consistent with section 101 of this title. In no case shall the Department expend State funds in excess of the appropriations for the programs under this chapter. (b) Financial assistance may include the maintenance of one or both parents, if in need and in the dependent child’s home, or a relative or caretaker with whom a dependent child is living, if the relative or caretaker is without sufficient means of support. (c) The Commissioner shall adopt rules for the determination of eligibility for the Reach Up program and benefit levels for all participating families that include the following provisions: (1) Not less than the first $350.00 per month of earnings from an unsubsidized or subsidized job and 25 percent of the remaining earnings shall be disregarded in determining the amount of the family’s financial assistance grant. The family shall receive the difference between countable income and the Reach Up payment standard in a partial financial assistance grant. (2) [Repealed.] (3) Each family development plan shall provide for an incentive payment to be paid to the participating family for completing a required activity or task. (4) Education stipends, employment stipends, job training stipends, and incentive payments, as determined by the Commissioner, shall be excluded in calculating the financial assistance grant. (5) The Department shall not impose an asset limit for the purpose of initial and continuing eligibility for the Reach Up program. (6) Transitional medical assistance of up to 36 months shall be provided to families with a working adult who becomes ineligible for financial assistance due to increased earnings, unless family income exceeds 185 percent of the federal poverty level, and provided that federal financial participation is available for such transitional medical assistance. (7) The equity value of one operable motor vehicle for each adult in the family and the equity value of one operable motor vehicle for any child of driving age who needs a vehicle to attend school or work shall be excluded for purposes of determining eligibility for the Reach Up program. The Commissioner shall take all steps necessary to retain current resource protections under the Supplemental Nutrition Assistance Program (SNAP) so that the rules under SNAP and the Reach Up program are compatible. (8) An individual domiciled in Vermont shall be exempt from the disqualification provided for in 21 U.S.C. § 862a. (9) [Repealed.] (d) In determining eligibility and benefit levels for two-parent participating families, the Commissioner shall: (1) Allow two-parent families with earned income who would otherwise qualify for assistance to receive financial assistance, regardless of the number of hours worked, and supplement their earnings with partial financial assistance and medical assistance. (2) Eliminate the requirements for two-parent families that the primary worker must have worked at least six quarters and be unemployed for at least 30 days. It is the intent of this subdivision that two-parent and one-parent families receive financial assistance under more similar rules. (e) In determining eligibility and benefit levels for parents who are under 18 years of age in participating families, the Commissioner shall: (1) Require parents who are under 18 years of age to attend school or an appropriate alternative education or training activity. (2) Ensure that the family development plan of a parent who is under 18 years of age includes a requirement to take part in a case-managed support, education, and training program. (3) Adopt rules, which shall include appropriate exemptions, requiring parents who are under 18 years of age and who are not emancipated minors in accordance with 12 V.S.A. § 7151 to live with a parent or in an approved supervised living arrangement. The sanctions provided for noncompliance with a Reach Up family development plan requirement under section 1116 of this title shall apply to noncompliance with the rules adopted under this subdivision. (4) Allow parents who are under 18 years of age and who live with their parents to have their eligibility for the Reach Up program and the amount of their financial assistance grant determined without consideration of their parents’ income. (f) The Commissioner shall disregard not less than $100.00 per month of child support payments in determining eligibility and benefit levels for participating families. (g) The Commissioner shall use the family composition rules applicable to the welfare demonstration project established pursuant to 1994 Acts and Resolves No. 106 in determining eligibility and benefit levels for a financial assistance grant. (h) The Department shall offer every eligible family the option of electronic or direct payment of financial assistance for the family’s housing or other expenses to the person providing the lodging, utilities, or other service as provided for by rule. Added 1967, No. 147, § 4; amended 1973, No. 152 (Adj. Sess.), § 21, eff. April 14, 1974; 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; 2005, No. 113 (Adj. Sess.), § 1; 2007, No. 30, § 4, eff. May 17, 2007; 2009, No. 1 (Sp. Sess.), § E.323; 2013, No. 131 (Adj. Sess.), § 24, eff. May 20, 2014; 2013, No. 198 (Adj. Sess.), § 1, eff. July 1, 2015; 2015, No. 58, § E.323; 2015, No. 172 (Adj. Sess.), § E.323.2; 2017, No. 29, § 2; 2017, No. 109 (Adj. Sess.), § 1; 2019, No. 72, § E.323.1; 2021, No. 74, § E.323.1; 2021, No. 133 (Adj. Sess.), § 2, eff. Jan. 1, 2024; 2025, No. 91 (Adj. Sess.), § 131, eff. April 30, 2026; 2025, No. 136 (Adj. Sess.), § 1, eff. July 1, 2026.

33 V.S.A. § 1104 Abandonment or desertion; reporting

1104. Abandonment or desertion; reporting Immediately upon granting assistance for the benefit of a dependent child who has been abandoned or deserted by a parent, the Commissioner shall give notice to the appropriate prosecuting officer charged with the duty of enforcing laws relating to the abandonment or desertion of children or minors. Added 1967, No. 147, § 4; amended 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; 2013, No. 131 (Adj. Sess.), § 25, eff. May 20, 2014.

33 V.S.A. § 1105 Child support payments

1105. Child support payments (a) A financial assistance case shall not be closed until child support payments, minus the first $100.00 per month in such payments received on behalf of the family, in combination with other countable income, have exceeded the financial assistance payment standard in 12 consecutive calendar months. (b) Notwithstanding any other provision of law, if financial assistance to a participating family is terminated due to receipt of child support, minus the first $100.00 per month in such payments, that in combination with other countable income is in excess of the financial assistance cash payment standard, and the family again becomes eligible for financial assistance within the following 12 calendar months solely because the family no longer receives excess child support, financial assistance shall be paid as of the date of the family’s reapplication. Added 1993, No. 106 (Adj. Sess.), § 2, eff. Jan. 12, 1994; amended 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; 2007, No. 30, § 5, eff. May 17, 2007; 2021, No. 133 (Adj. Sess.), § 3, eff. Jan. 1, 2024.

33 V.S.A. § 1106 Required services to participating families

1106. Required services to participating families (a) The Commissioner shall provide participating families case management services, periodic reassessment of service needs and the family development plan, and referral to any agencies or programs that provide the services needed by participating families to improve the family’s prospects for job placement and job retention, including the following: (1) Appropriate child care, available at times that will enable employment or participation in services indicated by the participating family’s family development plan. As used in this subdivision, “appropriate child care” shall not include: (A) child care that the Department classifies as legally exempt child care, and that a parent or caretaker determines to be unacceptable; and (B) child care that the Department classifies as either a registered family child care home or a licensed child care facility, and that a parent or caretaker determines to be unacceptable when such determination is confirmed by the Department. (2) Transportation that will enable employment or participation in services indicated by the participating family’s family development plan. (3) Career counseling, education, and training, job search assistance, and postsecondary education consistent with the purposes of this chapter. (4) Vocational rehabilitation. (5) Medical assistance. (6) Homelessness prevention and housing assistance. For homeless families, housing search is a “job-readiness assistance activity” as long as consistent with the Department’s rules. (7) Family planning education and counseling. (8) Assistance with obtaining documentation of an apparent or claimed physical, emotional, or mental condition that reasonably can be presumed to limit or eliminate the individual’s capacity to engage in employment or other work activity. (9) Services for teen parents through the teen parent education program established in cooperation with the Agency of Education. (10) Any other services identified in the family development plan and determined by the Commissioner to be necessary and appropriate to achieve the purposes of this chapter. (b) The Commissioner shall provide specialized case management services to families no later than four months after a family’s financial assistance grant has been reduced as a result of a sanction under section 1116 of this title. The specialized case management shall be provided through a performance-based contract in order to intervene in the family’s situation with the goal of compliance with an appropriate family development plan or work requirements as required under sections 1112 and 1113 of this title. The contract may be performed by another department within the Agency or by a community-based organization. If, after two months, a family fails to participate in specialized case management, case management shall resume through Reach Up. Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2007, No. 30, § 6, eff. May 17, 2007; 2009, No. 146 (Adj. Sess.), § C12; 2013, No. 92 (Adj. Sess.), § 291, eff. Feb. 14, 2014; 2015, No. 172 (Adj. Sess.), § E.323.3.

33 V.S.A. § 1107 Case management; family development plans; coordinated services

1107. Case management; family development plans; coordinated services (a)(1) The Commissioner shall provide all Reach Up services to participating families through a case management model informed by knowledge of the family’s goals and aspirations, circumstances, home, community, employment, and available resources. Services may be delivered in the district office, the family’s home, or the community in a way that facilitates progress toward accomplishment of the family development plan consistent with research on best practices. Case management may be provided to other eligible families. The case manager and family together shall create a family development plan for each participating family, with a right of appeal as provided by section 1132 of this title. A case manager shall be assigned to each participating family as soon as the family begins to receive financial assistance. If administratively feasible and appropriate, the case manager shall be the same case manager the family was assigned in the Reach First program. (2) Each case manager shall utilize a universal engagement model that aims to engage each participating family, to the best of their ability, in improving the family’s social, emotional, and economic well-being. The universal engagement model approaches work and workforce development as a continuum in which each participating adult who is able participates in work or the process of preparing for work, participates in training and education, and increases the participating family’s income. A participating adult who is unable to participate due to extenuating personal or family challenges shall be excused from the program participation requirements until able to participate, in accordance with criteria established by rule pursuant to 3 V.S.A. chapter 25. (3) The case manager shall meet with each participating family following any statutory or rule changes affecting the amount of the earned income disregard, asset limitations, or other eligibility or benefit criteria in the Reach Up program to inform the family of the changes and advise the family about ways to maximize the opportunities to achieve earned income without a corresponding loss of benefits. (b) The case manager shall establish a schedule for periodic review of the family development plan. In addition, the case manager shall review, and modify if necessary, the plan in the following circumstances: (1) there is a lack of satisfactory progress in achieving the goals of the plan; (2) the parent or caretaker has lost unsubsidized or subsidized employment; (3) a family member has failed to comply with a family development plan requirement or a work requirement; (4) services required by the plan are unavailable; (5) at least 30 days prior to when the parent or caretaker would become work-ready or would otherwise be deemed work-ready on the basis of 12-cumulative-month receipt of financial assistance; (6) a deferment or modification of the work requirements imposed by section 1113 of this title has been requested or is due for review; (7) within 30 days of when the parent or caretaker has started an unsubsidized or subsidized job; or (8) changes to the plan are needed to protect the well-being of the children. (c) The Commissioner shall adopt rules, consistent with research on best practices, establishing maximum caseloads for case managers. (d) The Secretary of Education, with the assistance and support of the Commissioner for Children and Families, the Commissioner of Disabilities, Aging, and Independent Living, and the Commissioner of Labor, shall develop and implement comparable and reciprocally recognized literacy assessment protocols that will be used for all clients seeking adult education and literacy services; related services of the Agency of Education; or the services of the Department of Disabilities, Aging, and Independent Living, the Department of Labor, or the Department for Children and Families, when such services are being sought for the purpose of developing or strengthening competencies or skills related to the clients’ current or future employment. Such protocols shall, to the extent practicable, utilize the same terminology and apply comparable criteria, consistent with individual program purposes and authorization, in determining when testing, other standardized measurement tools, or referrals to relevant professionals for evaluation or diagnosis are appropriate. (e) The Secretary shall work cooperatively with public and private, local, and regional entities: (1) to develop subsidized jobs with employers, using the same health and safety standards in effect for unsubsidized jobs; (2) to develop work placements that incorporate an adult education and literacy component into the hours of work for participants who need to continue to work on their secondary education while fulfilling their work requirement; (3) to adopt rules that set priorities for services of benefit to the people of Vermont and that prevent displacement of previous unsubsidized workers by subsidized Reach Up program participants; and (4) to ensure that necessary support services are available, appropriate, and within a reasonable distance, including child care, health care, and transportation. (f) The Secretary shall: (1) work with community providers to develop and maintain an adequate number and variety of supervised living alternatives designed to meet the individual needs of parents who are under 18 years of age; (2) work with community providers to develop and maintain parenting, training, and education options for parents who are under 18 years of age; (3) establish and maintain an information program to enable parents to learn about and take advantage of benefits and services that are available to parents who work outside the home; (4) increase public awareness of the federal and State earned income tax credits, and encourage families who may be eligible to apply for such tax credits; and (5) in partnership with the Human Resources Investment Council, develop and maintain one or more job training and employment programs for noncustodial parents to encourage long-term economic self-sufficiency and, by extension, their ability to pay child support. Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), § 83; 2007, No. 30, § 7, eff. May 17, 2007; 2013, No. 50, § E.323; 2013, No. 92 (Adj. Sess.), § 292, eff. Feb. 14, 2014; 2013, No. 131 (Adj. Sess.), § 26, eff. May 20, 2014; 2013, No. 198 (Adj. Sess.), § 2; 2017, No. 109 (Adj. Sess.), § 2; 2021, No. 133 (Adj. Sess.), § 4, eff. Jan. 1, 2024; 2025, No. 91 (Adj. Sess.), § 132, eff. April 30, 2026.

33 V.S.A. § 1108 Limits on family financial assistance

1108. Limits on family financial assistance (a) Except for grants to children in the care of persons other than their parents, only participating families who have received fewer than 60 cumulative months of financial assistance in which the family was not granted a deferment, including those months in which any type of cash assistance funded by a TANF block grant was received in other states or territories of the United States, shall be eligible for benefits under the Reach Up program. (b) The Department shall not count toward the Reach Up program’s cumulative 60-month lifetime eligibility period any months in which: (1) the participant is not able to work; (2) the participant is a parent or caretaker who is caring for a child under one year of age, in accordance with criteria established by rule pursuant to 3 V.S.A. chapter 25; (3) the participant is affected by domestic violence in accordance with criteria established by rule pursuant to 3 V.S.A. chapter 25; and (4) the participant is needed in the home on a full-time basis to care for an ill or disabled parent, spouse, or child in accordance with criteria established by rule pursuant to 3 V.S.A. chapter 25. (c) The cumulative 60-month lifetime eligibility period shall not begin to toll until the parent or parents of a participating family have reached 18 years of age. (d) Notwithstanding subsection (a) of this section, a participating family that does not meet any of the criteria under subsection (b) of this section and that has exceeded the cumulative 60-month lifetime eligibility period set forth in subsection (a) of this section shall qualify for a hardship exemption that allows the adult member of the participating family to continue to receive financial assistance if the participating adult is engaged in any of the work activities listed in subdivision 1101(2) of this chapter, with the exception of subdivision 1101(2)(L) of this chapter. (e) A participating family that does not qualify for a hardship exemption pursuant to subsection (d) of this section may be eligible to continue receiving benefits under the Reach Up program if the program director, or the program director’s designee, determines, on a monthly basis, that the participating adult is actively participating in the universal engagement model, including the process of planning and engaging in goal achievement related to employment, training, education, and addressing obstacles pursuant to subsection 1113(a) of this chapter. Added 1999, No. 147 (Adj. Sess.), § 1, eff. July 1, 2001; amended 2007, No. 30, § 8, eff. May 17, 2007; 2013, No. 50, § E.323.1, eff. May 1, 2014; 2015, No. 172 (Adj. Sess.), § E.323; 2021, No. 133 (Adj. Sess.), § 5, eff. Jan. 1, 2024.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/33/011Fetched: 10/21/2026