Vermont Statutes Title 33 Sec. 5908
Terms Used In Vermont Statutes Title 33 Sec. 5908
- Child: means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control. See
- Ex officio: Literally, by virtue of one's office.
- 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.
- Member state: means a state that has enacted this Compact. 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
- 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
- Quorum: The number of legislators that must be present to do business.
- 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
- 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
- said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See
[Contingently repealed; effective until contingency met.]
§ 5908. Limitations—Article VIII [Contingently repealed; Effective until contingency met]
This compact shall not apply to:
(1) the sending or bringing of a child into a receiving state by his or her parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his or her guardian and leaving the child with any such relative or nonagency guardian in the receiving state;
(2) any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law. (Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.)
[Contingently repealed; effective until contingency met.]
§ 5908. Limitations—Article VIII [Contingently repealed]
(Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972; contingently repealed by 2021, No. 101 (Adj. Sess.), § 1.)
[Contingently enacted.]
§ 5908. Interstate Commission for the Placement of Children [Contingently enacted]
The member states hereby establish, by way of this Compact, a commission known as the “Interstate Commission for the Placement of Children.” The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:
(1) Be a joint commission of the member states and shall have the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states.
(2) Consist of one commissioner from each member state who shall be appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program. The appointed commissioner shall have the legal authority to vote on policy related matters governed by this Compact binding the state.
(A) Each member state represented at a meeting of the Interstate Commission is entitled to one vote.
(B) A majority of the member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
(C) A representative shall not delegate a vote to another member state.
(D) A representative may delegate voting authority to another person from the state for a specified meeting.
(3) In addition to the commissioners of each member state, the Interstate Commission shall include persons who are members of interested organizations as defined in the bylaws or rules of the Interstate Commission. Such members shall be ex officio and shall not be entitled to vote on any matter before the Interstate Commission.
(4) Establish an executive committee that shall have the authority to administer the day-to-day operations and administration of the Interstate Commission. It shall not have the power to engage in rulemaking. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)