The Vermont Statutes Online

Title 33: Human Services

Chapter 3: DEPARTMENT FOR CHILDREN AND FAMILIES

Sub-Chapter 1: General Provisions

33 V.S.A. § 306. Administrative provisions



§ 306. Administrative provisions

(a) The provisions of sections 111, 112, 113, 121, 122, 141, and 143 of this title, relating to records, furnishing of information by banks and governmental agencies, recovery of payments, and fraud shall apply to the Department for Children and Families, except that the authority of the Department to locate parents provided in section 113 of this title shall apply only to parents of committed children.

(b) This subsection shall apply to all licenses, registrations and applications for licenses and registrations which the Commissioner or the Department may issue or grant, unless otherwise specifically provided.

(1) The Commissioner shall issue regulations governing application for, and issuance, revocation, term, and renewal of licenses and registration. In the regulations, he or she may prescribe standards and conditions to be met, records to be kept, and reports to be filed. Licenses and registration shall be for a term of one year from issuance unless otherwise prescribed by regulation.

(2) Premises covered by a license or registration may be visited and inspected by the Department at reasonable hours. A person who accepts a license or registration shall permit visits and inspections and examinations of the records he or she is required to keep.

(3) A license or registration may be revoked for cause after hearing and may be suspended in situations which immediately imperil the health, safety or well-being of persons in the care of the licensee or registrant.

(4) Before a license is granted, the Department shall visit and inspect the premises for which the license is requested, and make further inquiry and investigation as the Commissioner may direct. Before a family child care home registration is granted, the Department shall make inquiry and investigation. Inquiry and investigation may include a visit to and inspection of the premises for which the registration is requested. Further inquiry and investigation may be made as the Commissioner may direct.

(5) Whenever the Attorney General has reason to believe that a facility required by the Commissioner to be licensed or registered is being operated without such license or registration, the Attorney General may bring an action for equitable relief in the name of the State against the operator of such facility to restrain such operation. The action may be brought in the Superior Court of the county in which the facility is located. Said courts are authorized to grant equitable relief to restrain and prevent such operation.

(6) Any person who violates the terms of an injunction or restraining order issued under subdivision (5) of this subsection shall forfeit and pay to the State a civil penalty of not more than $100.00 for each violation. In such cases, the Attorney General acting in the name of the State may petition for recovery of such civil penalty.

(7) Whenever the Department determines that a licensed child care facility or registered family child care home has violated a health or safety rule, the facility or home shall post the Department's notice of violation in a conspicuous place in the facility or home. In the case of a serious violation, as defined by the Department by rule, the facility or home shall also notify a person responsible for the welfare of each child attending that facility or home, by mail. A serious violation shall include violation of group size and staffing requirements and any violation involving a situation which immediately imperils the health, safety, or well-being of persons in the care of the licensee or registrant.

(c) The Commissioner may publicly disclose the 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 involving the fatality requests the commissioner to withhold disclosure, in which case the Commissioner shall not disclose any information until completion of any criminal proceedings involving the fatality or the state's attorney or Attorney General consents to disclosure, whichever occurs earlier. (Added 1973, No. 152 (Adj. Sess.), § 28, eff. April 14, 1974; amended 1981, No. 171 (Adj. Sess.), § 1, eff. April 20, 1982; 1989, No. 295 (Adj. Sess.), § 6; 1997, No. 81 (Adj. Sess.), § 1; 2005, No. 174 (Adj. Sess.), § 77; 2007, No. 172 (Adj. Sess.), § 8; 2009, No. 1, § 50.)