Policy, Organization, Powers, and Duties

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

in effect

33 V.S.A. § 101 Policy

101. Policy It is the policy of the State of Vermont that: (1) Its social and child welfare programs shall provide assistance and benefits to persons of the State in proven need thereof and eligible for such assistance and benefits under the provisions of this title. (2) It is the purpose of its social and child welfare laws to establish and support programs that contribute to the prevention of dependency and social maladjustment and contribute to the rehabilitation and protection of persons of the State. (3) Assistance and benefits shall be administered promptly, with due regard for the preservation of family life, and without restriction of individual rights or discrimination on account of race, religion, political affiliation, or place of residence within the State. (4) Assistance and benefits shall be so administered as to maintain and encourage dignity, self-respect, and self-reliance. It is the legislative intent that assistance granted shall be adequate to maintain a reasonable standard of health and decency based on current cost of living indices. Notwithstanding this subdivision, the Department will amend rules that establish new maximum Reach Up grant amounts only when the General Assembly has taken affirmative action to increase or decrease the Reach Up financial assistance appropriation. (5) The programs of the Department for Children and Families shall be designed to strengthen family life for the care and protection of children; to assist and encourage the use by any family of all available personal and reasonable community resources to this end; and to provide substitute care of children only when the family, with the use of available resources, is unable to provide the necessary care and protection to ensure the right of any child to sound health and to normal physical, mental, spiritual, and moral development. Added 1967, No. 147, § 1; amended 1973, No. 152 (Adj. Sess.), § 10, eff. April 14, 1974; 1975, No. 132 (Adj. Sess.), § 3, eff. Feb. 5, 1976; 2003, No. 122 (Adj. Sess.), § 139a; 2013, No. 131 (Adj. Sess.), § 2, eff. May 20, 2014.

33 V.S.A. § 102 Definitions and construction

102. Definitions and construction (a) As used in this chapter: (1) “Aid” means financial assistance. (2) “Assistance,” when not modified by an adjective, means general assistance or public assistance, or both. (3) “Benefits” means aid or commodities furnished under chapter 17 of this title. (4) “Commissioner” means the Commissioner for Children and Families. (5) “Department” means the Department for Children and Families. (6) “Federal department” or “federal agency” means a department or agency of the United States of America. (7) “Guardian” means a legal guardian appointed by a Probate Division of the Superior Court or by a court in a divorce or other proceeding or action. (8) “Public assistance” means aid provided by the Department under Title IV, XVI, or XIX of the Social Security Act. (9) “Regulation” means a rule or regulation. (10) [Repealed.] (11) “Social Security Act” means the federal Social Security Act and regulations promulgated under the Act, as amended at any time. (b) The laws relating to the Department for Children and Families and its programs shall be construed liberally to carry out the policies stated in this chapter. Added 1967, No. 147, § 1; amended 1973, No. 101, § 6; 1973, No. 152 (Adj. Sess.), § 11, eff. April 14, 1974; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 68; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2009, No. 156 (Adj. Sess.), § I.36; 2013, No. 131 (Adj. Sess.), § 3, eff. May 20, 2014; 2015, No. 23, § 152; 2021, No. 20, § 271.

33 V.S.A. § 103 Composition of Department

103. Composition of Department The Department for Children and Families, created pursuant to 3 V.S.A. §§ 212 and 3084, shall consist of the Commissioner for Children and Families and all divisions, councils, boards, committees, and offices within the Department. Added 1967, No. 147, § 1; amended 1973, No. 101, § 2; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 69; 2013, No. 131 (Adj. Sess.), § 4, eff. May 20, 2014.

33 V.S.A. § 104 Function and powers of Department

104. Function and powers of Department (a) The Department shall administer all laws specifically assigned to it for administration. (b) In addition to other powers vested in it by law, the Department may do all of the following: (1) Provide for the administration of the following programs and services: (A) aid to the aged, blind, and disabled; (B) Reach Up financial assistance and support services; (C) [Repealed.] (D) federal Supplemental Nutrition Assistance Program benefits; (E) General Assistance; (F) medical assistance; and (G) public assistance programs funded with State general funds or the Temporary Assistance to Needy Families (TANF) block grant. (2) Cooperate with the appropriate federal agencies in receiving, to the extent available, federal funds in support of programs that the Department administers. (3) Submit plans and reports, adopt rules, and in other respects comply with the provisions of the Social Security Act that pertain to programs administered by the Department. (4) Receive and disburse funds that are assigned, donated, or bequeathed to it for charitable purposes or for the benefit of recipients of assistance, benefits, or social services. This subdivision shall not be construed to require the Department to accept funds or trusts when the Commissioner, with the approval of the Governor, considers it in the best interests of the State to refuse them. (5) Receive in trust and expend, in accordance with the provisions of the trust, funds and property assigned, donated, devised, or bequeathed to it for charitable purposes or for the benefit of recipients of assistance, benefits, or social services. Trust funds accepted by the Department shall be safely invested by the State Treasurer. Real property received in trust may, at the discretion of the Commissioner, be administered by the Department of Buildings and General Services of the Agency of Administration. This subdivision shall not be construed to require the Department to accept funds or trusts when the Commissioner, with the approval of the Governor, considers it in the best interests of the State to refuse them. (6) Aid and assist in charitable work as in the judgment of the Commissioner will best promote the general welfare of the State. (7) Visit all institutions, homes, places, and establishments soliciting public support and located in the State that are devoted to or used for the care of needy persons. (8) Visit all institutions, homes, places, and establishments providing room, board, or care to persons receiving social services or benefits from the Department. (9) Supervise and control children under its care and custody and provide for their care, maintenance, and education. (c) The Department for Children and Families, in cooperation with the Department of Corrections, shall have the responsibility to administer a comprehensive program for youthful offenders and children who commit delinquent acts, including utilization of probation services; of a range of community-based and other treatment, training, and rehabilitation programs; and of secure detention and treatment programs when necessary in the interests of public safety, designed with the objective of preparing those children to live in their communities as productive and mature adults. Added 1967, No. 147, § 1; amended 1973, No. 152 (Adj. Sess.), § 12, eff. April 14, 1974; 1983, No. 147 (Adj. Sess.), § 4(a), eff. April 11, 1984; 2013, No. 131 (Adj. Sess.), § 5, eff. May 20, 2014; 2019, No. 128 (Adj. Sess.), § 3; 2021, No. 20, § 272.

33 V.S.A. § 105 Commissioner; appointment, term, duties, and powers

105. Commissioner; appointment, term, duties, and powers (a) The Commissioner may exercise the powers and perform duties required for effective administration of the Department, and he or she shall determine the policies of the Department. (b) In addition to other duties imposed by law, the Commissioner shall: (1) administer the laws assigned to the Department; (2) fix standards and adopt rules necessary to administer those laws and for the custody and preservation of records of the Department; (3) appoint all necessary assistants, prescribe their duties, and adopt rules necessary to ensure that the assistants shall hold merit system status while in the employ of the Department, unless otherwise specifically provided by law. (c) The Commissioner or the Governor, whenever the federal law so provides, may cooperate with the federal government in providing relief and work relief and community work and training programs in the State. (d) The Commissioner, with the approval of the Attorney General, may enter into reciprocal agreements with social and child welfare agencies in other states in matters relating to social welfare, children, and families. (e) The Commissioner shall ensure the provision of services to children and adolescents with a severe emotional disturbance in coordination with the Secretary of Education and the Commissioners of Mental Health and of Disabilities, Aging, and Independent Living in accordance with the provisions of chapter 43 of this title. (f) Notwithstanding any other provision of law, the Commissioner may delegate to any appropriate employee of the Department any of the administrative duties and powers imposed on him or her by law, with the exception of the duties and powers enumerated in this section. The delegation of authority and responsibility shall not relieve the Commissioner of accountability for the proper administration of the Department. (g) The Commissioner may publicly disclose findings or information about any case of child abuse or neglect that has resulted in the fatality or near fatality of a child, including information obtained under chapter 49 of this title, unless the State’s Attorney or Attorney General who is investigating or prosecuting any matter related to the fatality requests the Commissioner to withhold disclosure, in which case the Commissioner shall not disclose any information until completion of any criminal proceedings related to the fatality or until the State’s Attorney or Attorney General consents to disclosure, whichever occurs earlier. Added 1967, No. 147, § 1; amended 1973, No. 101, § 6; 1983, No. 175 (Adj. Sess.); 2013, No. 131 (Adj. Sess.), § 6, eff. May 20, 2014; 2015, No. 29, § 11; 2021, No. 20, § 273.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/33/001Fetched: 10/21/2026