§ 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

[Subdivision (10)(B) effective until January 1, 2024.]

(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 19 years of age or is not expected to complete the educational program before reaching 19 years of age solely due to a documented disability.

[Subdivision (10)(B) effective January 1, 2024.]

(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. January 1, 2024.)