Vermont Statutes > Title 24 > Chapter 61 – Regulatory Provisions; Police Power of Municipalities

		Sections
Subchapter 1	Definitions for Chapter	2001
Subchapter 2	Jitneys and Taxis	2031 – 2032
Subchapter 4	Radio-Television Interference	2091 – 2093
Subchapter 5	Nuisances	2121
Subchapter 6	Curfew	2151
Subchapter 7	Sale of Produce	2181
Subchapter 8	Rubbish and Garbage	2201 – 2206
Subchapter 10	Salvage Yards	2241 – 2283
Subchapter 11	Miscellaneous Regulatory Powers	2291 – 2296a
Subchapter 12	Solid Waste Ordinances	2297 – 2297b
Subchapter 13	Condemnation; Solid Waste Management Districts	2299a – 2299k

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Terms Used In Vermont Statutes > Title 24 > Chapter 61 - Regulatory Provisions; Police Power of Municipalities

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. See
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. See
Abuse: means :
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Activities of daily living: means dressing and undressing, bathing, personal hygiene, bed mobility, toilet use, transferring, mobility in and around the home, communication, and eating. See
Acts of a sexual nature: means fondling, exposure of genitals, and lewd and lascivious conduct. See
Adult: means an individual who:
Adult: means an individual who:
Adult: means an individual who:
Adult: means any individual who is 18 years of age or older. See
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Affordable Care Act: means the federal Patient Protection and Affordable Care Act, Pub. See
Agency: means the Agency of Human Services. See
Agency: means the Agency of Human Services. See
Allegation: something that someone says happened.
Alleged perpetrator: means the individual alleged to have abused, neglected, or exploited the alleged victim. See
Alleged victim: means the individual who is alleged to have been abused, neglected, or exploited by the alleged perpetrator. See
Allocable share: means allocable share as that term is defined in the Master Settlement Agreement. See
Ambulance agency: means an ambulance agency licensed pursuant to 18 Vt. See
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Annual meeting: when applied to towns shall mean the annual town meeting in March or an adjournment thereof. See
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Approved placement: means the public child placing agency in the receiving state has determined that the placement is both safe and suitable for the child. See
Approved postsecondary education institution: means any institution of postsecondary education that is:
Area agency on aging: means an organization designated by the State to develop and implement a comprehensive and coordinated system of services, supports, and protections for older Vermonters, family caregivers, and kinship caregivers within a defined planning and service area of the State. See
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Arrest: Taking physical custody of a person by lawful authority.
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. See
Assessment: means an evaluation of a prospective placement by a public child placing agency in the receiving state to determine if the placement meets the individualized needs of the child, including but not limited to the child's safety and stability, health and well-being, and mental, emotional, and physical development. See
Assessment: means a process by which Adult Protective Services gathers additional information to determine if an investigation should be opened. See
Assessment: means a tax levied on a health care provider pursuant to this chapter. See
Assessment: means a response to a report of child abuse or neglect that focuses on the identification of the strengths and support needs of the child and the family and any services they may require to improve or restore their well-being and to reduce the risk of future harm. See
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Assisted living residence: means a program that combines housing, health, and supportive services for the support of resident independence and aging in place. See
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
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. See
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Benefits: means the payment of qualified postsecondary education costs on behalf of a beneficiary from a participant's investment plan account. See
Board: means the board established or designated as the housing board of review. See
Board: means the Green Mountain Care Board established in 18 Vt. See
bonds of affection: means enduring ties that do not depend on the existence of an economic relationship. See
Brand family: means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including "menthol" "lights" "kings" and "100s" and includes a brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes. See
Bylaws: means those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct. See
Capacity: means an individual's ability to make and communicate a decision regarding the issue that needs to be decided. See
Care: means subsistence, medical services, personal care services, mental health services, or rehabilitative services and includes assistance with activities of daily living or instrumental activities of daily living. See
Caregiver: means :
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. See
Caretaker: means an individual age 18 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. See
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. See
Certification: means to attest, declare, or swear to before a judge or notary public. See
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Child: means an individual under 13 years of age. See
Child: means a person under 18 years of age committed by the Family Division of the Superior Court to the Department for Children and Families. See
Child: means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control. See
Child: means an individual under the age of majority. See
Child care facility: means any place or program operated as a business or service on a regular or continuous basis, whether for compensation or not, whose primary function is protection, care, and supervision of children under 16 years of age outside their homes for periods of fewer than 24 hours a day by a person other than a child's own parent, guardian, or relative, as defined by rules adopted by the Department for Children and Families, but not including a kindergarten approved by the State Board of Education. See
Child care provider: means a person licensed or registered by the Department for Children and Families, or authorized by the Department, to provide child care. See
Child care services: include developmentally appropriate care and supervision for children under 13 years of age for fewer than 24 hours a day by a child care provider. See
Child Protection Registry: means a record of all investigations that have resulted in a substantiated report on or after January 1, 1992. See
Choices for Care program: means the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration or a successor program. See
Chronic care: means health services provided by a health care professional for an established clinical condition that is expected to last a year or more and that requires ongoing clinical management attempting to restore the individual to highest function, minimize the negative effects of the condition, prevent complications related to chronic conditions, engage in advanced care planning, and promote appropriate access to palliative care. See
Chronic care management: means a system of coordinated health care interventions and communications for individuals with chronic conditions, including significant patient self-care efforts, systemic supports for licensed health care practitioners and their patients, and a plan of care emphasizing prevention of complications utilizing evidence-based practice guidelines, patient empowerment strategies, and evaluation of clinical, humanistic, and economic outcomes on an ongoing basis with the goal of improving overall health. See
cigarette: includes "roll-your-own" (any tobacco that, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). See
Commissioner: means the Commissioner for Children and Families or his or her designee. See
Commissioner: means the Commissioner for Children and Families or his or her designee. See
Commissioner: means the Commissioner for Children and Families or his or her designee. See
Commissioner: means the Commissioner for Children and Families. See
Commissioner: means the Commissioner for Children and Families. See
Commissioner: means the voting representative of each compacting state appointed pursuant to section 5723 of this title. See
Commissioner: means the Commissioner of Disabilities, Aging, and Independent Living. See
Commissioner: means the Commissioner of Vermont Health Access. See
Commissioner: means the Commissioner of Vermont Health Access. See
Commissioner: means the Commissioner of Taxes. See
Commissioner: means the Commissioner of Vermont Health Access. See
Commissioner: means the Commissioner of Vermont Health Access. See
Committee: means the Vermont Universal Children's Higher Education Savings Account Program Fund Advisory Committee. See
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Compact administrator: means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this compact. See
Compacting state: means any state which has enacted the enabling legislation for this compact. See
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Conviction: A judgement of guilt against a criminal defendant.
corporal punishment: means the intentional infliction of physical pain upon the body of a child as a disciplinary measure. See
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Corporation: means Vermont Student Assistance Corporation. See
Corporation: means Vermont Student Assistance Corporation. See
Court: means any court having jurisdiction over delinquent, neglected, or dependent children. See
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
Default: means the failure of a member state to perform the obligations or responsibilities imposed upon it by this Compact, the bylaws, or rules of the Interstate Commission. See
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Dental hygienist: means an individual licensed to practice as a dental hygienist under 26 Vt. See
Dental services: means preventive, diagnostic, or corrective procedures related to the teeth and associated structures of the oral cavity. See
Dental therapist: means an individual licensed to practice as a dental therapist under 26 Vt. See
Dentist: means an individual licensed to practice dentistry under 26 Vt. See
Department: means the Department for Children and Families. See
Department: means the Department for Children and Families. See
Department: means the Department for Children and Families. See
Department: means the Department for Children and Families. See
Department: means the Department of Disabilities, Aging, and Independent Living. See
Department: means the Department of Vermont Health Access. See
Department: means the Department of Vermont Health Access. See
Department: means the Department of Vermont Health Access. See
Department: means the Department of Disabilities, Aging, and Independent Living. See
Dependent: A person dependent for support upon another.
Dependent child: means a child who is a resident of this State and:
Dependent child: means a child who is a resident of this State and:
Deputy compact administrator: means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this compact. See
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Division: means the Child Development Division. See
Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
Drug Utilization Review Board: means the Drug Utilization Review Board established in connection with the Medicaid program. See
DVHA: means the Department of Vermont Health Access. See
Dwelling: means any building or structure or part thereof, including hotels and rooming houses, that is used, occupied, or intended to be used or occupied for human habitation, and includes dwelling premises, appurtenances, and facilities belonging to the dwelling or usually enjoyed therewith. See
Dwelling premises: means the land and auxiliary buildings thereon used or intended to be used in connection with the dwelling. See
Eligible child: means a minor who is a Vermont resident at the time the Corporation deposits or allocates funds pursuant to this subchapter for his or her benefit. See
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. See
Eligible family: means a family that meets the requirements in section 1203 of this chapter. See
Emotional maltreatment: means a pattern of malicious behavior that results in impaired psychological growth and development. See
Employer: means a person or organization who employs or contracts with one or more individuals to care for vulnerable adults, on either a paid or volunteer basis. See
Enforcing officer: means the head, or his or her duly authorized representative, of the division, bureau, office, department, or agency responsible for enforcing and administering any ordinance or regulation adopted under this chapter. See
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Ex officio: Literally, by virtue of one's office.
Executive session: A portion of the Senate's daily session in which it considers executive business.
Exploitation: means :
Expungement: means the removal of an individual's name and associated identifying information from the Adult Abuse Registry. See
Facility: means a residential care home, nursing home, assisted living residence, home for persons who are terminally ill, or therapeutic community residence licensed or required to be licensed pursuant to the provisions of this chapter. See
Family: means :
Family: means :
Family: means :
Family caregiver: means an adult family member or other individual who is an informal provider of in-home and community care to an older Vermonter or to an individual with Alzheimer's disease or a related disorder. See
Family child care home: means a child care facility that provides care on a regular basis in the caregiver's own residence for not more than 10 children at any one time. See
Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
Fiduciary: A trustee, executor, or administrator.
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. See
Financial exploitation: means :
Financial information: means an original or copy of, or information derived from:
Financial institution: means any financial services provider licensed, registered, or otherwise authorized to do business in Vermont, including a bank, credit union, broker-dealer, investment advisor, mutual fund, or investment company. See
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
Food assistance: means a monthly benefit to supplement the family's Supplemental Nutrition Assistance Program benefits as determined under section 1204 of this chapter. See
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Foster care: means care of a child, for a valuable consideration, in a child care institution or in a family other than that of the child's parent, guardian, or relative. See
Fraud: Intentional deception resulting in injury to another.
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
gender identity: means an individual's actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual's gender or gender-identity, regardless of the individual's assigned sex at birth. See
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by a health insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health services. See
Health benefit plan: means a health benefit plan with prescription drug coverage offered or administered by a health insurer, as defined by 18 V. See
Health care professional: means an individual, partnership, corporation, facility, or institution licensed, certified, or otherwise authorized by Vermont law to provide professional health services. See
Health care provider: means any hospital, nursing home, intermediate care facility for people with intellectual disabilities, home health agency, or retail pharmacy. See
Health service: means any treatment or procedure delivered by a health care professional to maintain an individual's physical or mental health or to diagnose or treat an individual's physical or mental condition, including services ordered by a health care professional, chronic care management, preventive care, wellness services, and medically necessary services to assist in activities of daily living. See
Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
Higher Education Act: means the federal Higher Education Act of 1965, Pub. See
Home for persons who are terminally ill: means a place providing services specifically for three or more people who are dying, including room, board, personal care, and other assistance for the residents' emotional, spiritual, and physical well-being. See
Home health agency: means an entity that has received a certificate of need from the State to provide home health services or is certified to provide services pursuant to 42 U. See
Home health agency: means a for-profit or nonprofit health care facility providing part-time or intermittent skilled nursing services and at least one of the following other therapeutic services made available on a visiting basis, in a place of residence used as a patient's home: physical, speech, or occupational therapy; medical social services; home health aide services; or other non-nursing therapeutic services, including the services of nutritionists, dieticians, psychologists, and licensed mental health counselors. See
Home health services: means any of the following:
Home health services: means activities and functions of a home health agency, including nurses, home health aides, physical therapists, occupational therapists, speech therapists, medical social workers, or other non-nursing therapeutic services directly related to care, treatment, or diagnosis of patients in the home. See
Home Study: means an evaluation of a home environment conducted in accordance with the applicable requirements of the state in which the home is located, and documents the preparation and the suitability of the placement resource for placement of a child in accordance with the laws and requirements of the state in which the home is located. See
Home- and community-based services: means long-term services and supports received in a home or community setting other than a nursing home pursuant to the Choices for Care component of Vermont's Global Commitment to Health Section 1115 Medicaid demonstration or a successor program and includes home health and hospice services, assistive community care services, and enhanced residential care services. See
Hospital: means a hospital licensed under 18 Vt. See
Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Indian tribe: means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaskan native village as defined in section 3(c) of the Alaska Native Claims settlement Act at 43 U. See
Individual with disabilities: means an individual who is under age 65 and is entitled, under the Social Security Act, to disability insurance benefits or is eligible for Medicare. See
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Insolvent: means :
Instrumental activities of daily living: means meal preparation, medication management, phone use, money management, household maintenance, housekeeping, laundry, shopping, transportation, and care of adaptive equipment. See
Insurer: means any insurance company, prepaid health care delivery plan, self-funded employee benefit plan, pension fund, hospital or medical service corporation, managed care organization, pharmacy benefit manager, prescription drug plan, retirement system, or similar entity that is under an obligation to make payments for medical services as a result of an injury, illness, or disease suffered by an individual. See
Interested person: means a representative of the vulnerable adult; Adult Protective Services staff; the Commissioner of Disabilities, Aging, and Independent Living; or the Commissioner's designee. See
Internal Revenue Code: means the federal Internal Revenue Code of 1986, as amended, together with the regulations promulgated pursuant to that Code. See
Interstate Commission: means the Interstate Commission for Juveniles created by section 5723 of this title. See
Investigation: means a response to a report of child abuse or neglect that begins with the systematic gathering of information to determine whether the abuse or neglect has occurred and, if so, the appropriate response. See
Investigative summary report: means the document that summarizes the investigation conducted by Adult Protective Services and includes a recommendation to substantiate or unsubstantiate the investigated allegations against the alleged perpetrator. See
Investment Plan: means one or more plans created pursuant to this subchapter. See
Investment Plan: means the plan created pursuant to subchapter 7 of this chapter. See
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Jurisdiction: means the power and authority of a court to hear and decide matters. See
Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
Juvenile: means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legally liable representative: means a parent or person with an obligation of support to a recipient whether by contract, court order, or statute. See
Legislative body: means the legislative body of a town, city, or incorporated village. See
Legislative body: means the board of supervisors, board of commissioners, or other governing board of a solid waste management district. See
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensee: means any person, other than a receiver appointed under this chapter, which is licensed or required to be licensed to operate a facility. See
Licensing agency: means the Agency of Human Services or the department or division within the Agency as the Secretary of Human Services may designate. See
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Maltreatment: means abuse, neglect, or exploitation as defined in this section. See
Mandatory reporter: means an individual with an obligation to report allegations of maltreatment of vulnerable adults pursuant to 6903 of this title. See
Master Settlement Agreement: means the settlement agreement (and related documents) entered into on November 23, 1998 by the State and leading U. See
Medicare Part D: means the prescription drug program established under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, Pub. See
Member of the clergy: means a priest, rabbi, clergy member, ordained or licensed minister, leader of any church or religious body, accredited Christian Science practitioner, or person performing official duties on behalf of a church or religious body that are recognized as the duties of a priest, rabbi, clergy, nun, brother, ordained or licensed minister, leader of any church or religious body, or accredited Christian Science practitioner. See
Member state: means a state that has enacted this Compact. See
Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Multidisciplinary team: means a group of professionals, paraprofessionals, and other appropriate individuals impaneled by the Commissioner under this chapter for the purpose of assisting in the identification and review of cases of child abuse and neglect, coordinating treatment services for abused and neglected children and their families, and promoting child abuse prevention. See
Municipality: means a city, town, or incorporated village. See
Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
Necessity: means a reasonable need which considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner. See
Neglect: means purposeful, knowing, or reckless failure or omission by a caregiver that has resulted in, or could be expected to result in, physical or psychological harm, including a failure or omission to:
Net patient revenues: means a provider's gross charges related to patient care services less any deductions for bad debts, charity care, contractual allowances, and other payer discounts. See
Noncustodial parent: means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of a child, and who is not the subject of allegations or findings of child abuse or neglect. See
Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See
Notice of residential placement: means information regarding a placement into a residential facility provided to the receiving state, including but not limited to the name, date and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed. See
Nursing care: means the performance of services necessary in caring for persons who are sick or injured that require specialized knowledge, judgment, and skill and meet the standards of nursing as defined in 26 V. See
Nursing home: means an institution or distinct part of an institution that is primarily engaged in providing to its residents any of the following:
Nursing home: means a health care facility licensed under chapter 71 of this title. See
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Older Americans Act: means the federal law originally enacted in 1965 to facilitate a comprehensive and coordinated system of supports and services for older Americans and their caregivers. See
Older Vermonters: means all individuals residing in this State who are 60 years of age or older. See
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means the holder of the title to the property on or in which the facility is maintained. See
Parent: means :
Parent: means a biological parent, stepparent, adoptive parent, or pregnant individual. See
Parents: means a student's parent or parents as determined by the Corporation consistently with the requirements of the federal financial assistance programs established under Title IV of the Higher Education Act. See
Participant: means a person who has entered into a participation agreement pursuant to this subchapter intended for the payment of qualified postsecondary education costs on behalf of a beneficiary. See
participating adult: means an adult member of a participating family. See
Participating family: means an eligible family that participates in the Reach Up program. See
Participating family: means an eligible family that participates in the Reach Ahead program. See
Participating health benefit plan: means a health benefit plan that has agreed to participate in one or more components of the Pharmacy Best Practices and Cost Control Program. See
Participation agreement: means an agreement between a participant and the Corporation, pursuant to and conforming with the requirements of this subchapter. See
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
person: means an individual, partnership, committee, association, corporation, or any other organization or group of persons. See
Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
person having custody or control of the financial information: means :
Personal property: All property that is not real property.
Pharmaceutical: means a drug that may not be dispensed unless prescribed by a health care provider as defined by 18 V. See
Pharmacy: means a Vermont drug outlet licensed by the Vermont State Board of Pharmacy pursuant to 26 Vt. See
Pharmacy: means a retail or institutional drug outlet licensed by the Vermont State Board of Pharmacy pursuant to 26 Vt. See
Pharmacy Best Practices and Cost Control Program: means the Pharmacy Best Practices and Cost Control Program established by this subchapter. See
Physical injury: means death or permanent or temporary disfigurement or impairment of any bodily organ or function by other than accidental means. See
Placement: means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective, or epileptic or any institution primarily educational in character, and any hospital or other medical facility. See
Plaintiff: The person who files the complaint in a civil lawsuit.
Plan of care: means a medically approved plan of treatment, protocol, individual care plan, rehabilitative plan, plan to address activities of daily living, or similar procedure describing the care, treatment, or services to address a vulnerable adult's physical, psychological, or rehabilitative needs. See
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Postsecondary education costs: means the qualified costs of tuition, fees, and other expenses for attendance at an institution of postsecondary education, as defined in the Internal Revenue Code of 1986, as amended, together with the regulations promulgated under that Code. See
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Preventive care: means health services provided by health care professionals to identify and treat asymptomatic individuals who have risk factors or preclinical disease, but in whom the disease is not clinically apparent, including immunizations and screening, counseling, treatment, and medication determined by scientific evidence to be effective in preventing or detecting a condition. See
Primary care: means health services provided by health care professionals, including naturopathic physicians licensed pursuant to 26 Vt. See
Private child placing agency: means any private corporation, agency, foundation, institution, or charitable organization or any private person or attorney that facilitates, causes, or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under color of state law. See
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Program: means the Vermont Universal Children's Higher Education Savings Account Program. See
Program beneficiary: means an individual who is or who was at one time an eligible child for whom the Corporation deposited or allocated funds pursuant to this subchapter and who has not yet attained 29 years of age or, for national service program participants, the extended maturity date. See
Program Fund: means the Vermont Universal Children's Higher Education Savings Account Program Fund. See
Protective services: means services, actions, measures, or interventions that are intended, through voluntary agreement or through appropriate court action, to prevent further neglect, abuse, or exploitation of a vulnerable adult. See
Provider: means an individual, organization, or entity that provides care to adults known to be vulnerable. See
Provider: means any person who has entered into an agreement with the State to provide any medical service. See
Provisional placement: means a determination made by the public child placing agency in the receiving state that the proposed placement is safe and suitable, and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as to not delay the placement. See
Psychiatric disability: means an impairment of thought, mood, perception, orientation, or memory that limits one or more major life activities but does not include intellectual disability. See
psychiatric facility: means a hospital as defined in 18 V. See
Public child placing agency: means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether they act on behalf of a state, county, municipality, or other governmental unit, that facilitates, causes, or is involved in the placement of a child from one state to another. See
Qualified employer:
Qualified health benefit plan: means a health benefit plan that meets the requirements set forth in section 1806 of this title. See
Quorum: The number of legislators that must be present to do business.
Reach Ahead: means the program established in chapter 12 of this title. See
Reach Ahead services: means the service component of the Reach Ahead program consisting of case management services, support services, and referrals provided to eligible families to assist them in maintaining self-sufficiency. See
Reach First: means the program established in chapter 10 of this title. See
Reach First: means the program established under chapter 10 of this title. See
Reach Up: means the program established under chapter 11 of this title. See
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. See
Reach Up: means the program established under chapter 11 of this title. See
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. See
real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Receiving state: means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons. See
Recipient: means any person or group of persons who receive Medicaid. See
Recommendation for substantiation: means that an investigation has been conducted and the Adult Protective Services investigator has concluded that the preponderance of the evidence discovered in the course of the investigation would lead a reasonable person to believe that the alleged perpetrator abused, neglected, or exploited the vulnerable adult. See
Redacted investigation file: means the intake report, the investigation activities summary, and case determination report that are amended in accordance with confidentiality requirements set forth in section 4913 of this title. See
Reflective health benefit plan: means a health benefit plan that meets the requirements set forth in section 1813 of this title. See
Registry record: means an entry in the Child Protection Registry that consists of the name of an individual substantiated for child abuse or neglect, the date of the finding, the nature of the finding, and at least one other personal identifier, other than a name, listed in order to avoid the possibility of misidentification. See
Relative: means a person related to a dependent child, as defined by the Department by rule. See
Relative: means a person related to a dependent child, as defined by the Department by rule. See
Relative: means someone who is related to the child as a parent, step-parent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a non-relative with such significant ties to the child that the person may be regarded as a relative as determined by the court in the sending state. See
Released claims: means released claims as that term is defined in the Master Settlement Agreement. See
Releasing parties: means releasing parties as that term is defined in the Master Settlement Agreement. See
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Report: means the statements provided to Adult Protective Services from a reporter alleging that a vulnerable adult has been abused, neglected, or exploited. See
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Reporter: means the person who has submitted a report to Adult Protective Services. See
Representative: means a court-appointed guardian, an agent acting under an advance directive executed pursuant to 18 Vt. See
Resident: means , with respect to a student, a student who has been domiciled in Vermont for the year preceding the date of commencement of the relevant semester or academic program. See
Resident: means any person who lives in and receives services or care in a facility. See
Residential care home: means a place, however named, excluding a licensed foster home, that provides, for profit or otherwise, room, board, and personal care to three or more residents unrelated to the home operator. See
Residential facility: means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care and is beyond what is needed for assessment or treatment of an acute condition. See
Resources: means any income and property available from whatever source. See
Respondent: means a person alleged to have violated a solid waste ordinance. See
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Risk of harm: means a significant danger that a child will suffer serious harm by other than accidental means, which harm would be likely to cause physical injury, or sexual abuse, including as the result of:
road: shall include bridges thereon and their approaches. See
Rule: means a written statement by the Interstate Commission promulgated pursuant to section 5726 of this title that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Commission; and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule. See
Rule: means a written directive, mandate, standard, or principle issued by the Interstate Commission promulgated pursuant to section 5911 of this title that is of general applicability and that implements, interprets, or prescribes a policy or provision of the Compact. See
said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
Secretary: means the Secretary of Education. See
Secretary: means the Secretary of Human Services or his or her designee. See
Secretary: means the Secretary of Human Services. See
Secretary: means the Secretary of Human Services. See
Secretary: means the Secretary of Human Services. See
selectboard: as used in this chapter , shall include the mayor and board of aldermen of a city and the president and trustees of an incorporated village. See
Self-neglect: means an adult's inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including:
Sending agency: means a party state, officer or employee thereof; a subdivision of a party state, or officer, or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state. See
Sending state: means the state from which the placement of a child is initiated. See
Serious physical injury: means , by other than accidental means:
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sexual abuse: consists of any act or acts by any person involving sexual molestation or exploitation of a child, including:
Sexual activity: means a sexual act as defined in 13 V. See
sexual orientation: means female or male homosexuality, heterosexuality, or bisexuality. See
Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
Solid waste ordinance: means an ordinance adopted pursuant to subdivision 2291(12) of this title. See
State: means a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U. See
State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See
State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
State Board: means the State Board of Education established by chapter 3 of this title. See
State court: means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or status offenses of individuals who have not attained 18 years of age. See
State Plan on Aging: means the plan required by the Older Americans Act that outlines the roles and responsibilities of the State and the area agencies on aging in administering and carrying out the Older Americans Act. See
State public assistance program: includes the Medicaid program, VPharm, the State Children's Health Insurance Program, the State of Vermont AIDS Medication Assistance Program, the General Assistance program, the Pharmacy Discount Plan Program, and the out-of-state counterparts to such programs. See
State Unit on Aging: means an agency within a state's government that is directed to administer the Older Americans Act programs and to develop the State Plan on Aging in that state. See
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Student: means any person who:
Subpoena: A command to a witness to appear and give testimony.
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. See
Substantiated: means that the Commissioner or the Commissioner's designee has determined, after the investigation, that a report demonstrates, by a preponderance of the evidence, that the vulnerable adult has been abused, neglected, or exploited by the alleged perpetrator. See
Substantiated report: means that the Commissioner or the Commissioner's designee has determined after investigation that a report is based upon accurate and reliable information that would lead a reasonable person to believe that the child has been abused or neglected. See
Summons: Another word for subpoena used by the criminal justice system.
Supervision: means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to this Compact. See
sworn: shall include affirmed. See
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. See
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. See
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Therapeutic community residence: means a place, however named, excluding hospitals as defined by statute, that provides, for profit or otherwise, transitional individualized treatment to three or more residents with major life adjustment problems, such as a substance use disorder, psychiatric disability, or delinquency. See
Third party: means a person having an obligation to pay all or any portion of the medical expense incurred by a recipient at the time the medical service was provided. See
Tobacco: means all products listed in 7 V. See
Tobacco manufacturer: means any person engaged in the process of designing, fabricating, assembling, producing, constructing, or otherwise preparing a product containing tobacco, including packaging or labeling of these products, with the intended purpose of selling the product for gain or profit. See
Tobacco product manufacturer: means an entity that, after May 12, 2000, directly (and not exclusively through any affiliate):
town: shall mean village or city. See
Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
Training: means an activity, approved by the Commissioner or the Commissioner's designee, that is likely to lead to employment or required to maintain employment. See
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Units sold: means the number of individual cigarettes sold in the State by the applicable tobacco product manufacturer (whether directly or through a distributor, retailer, or similar intermediary or intermediaries) during the year in question, as measured by excise taxes collected by the State on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the State. See
Unsubstantiated: means that an investigation has been conducted without a recommendation of substantiation. See
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Vermont resident: means an individual who is domiciled in Vermont as evidenced by the individual's intent to maintain a principal dwelling place in Vermont indefinitely and to return there if temporarily absent, coupled with an act or acts consistent with that intent. See
Vermont resident: means an individual domiciled in Vermont as evidenced by an intent to maintain a principal dwelling place in Vermont indefinitely and to return to Vermont if temporarily absent, coupled with an act or acts consistent with that intent. See
Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
Village: shall mean an incorporated village. See
Volunteer: means an individual who, without compensation, provides services through a private or public organization. See
Vulnerable adult: means any person 18 years of age or older who:
Wellness services: means health services, programs, or activities that focus on the promotion or maintenance of good health. See
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:
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. See
Writ: A formal written command, issued from the court, requiring the performance of a specific act.