Notices for Week of: January 22, 2009
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
Child Protection Registry
Vermont Proposed Rule: 09P001
AGENCY: Dept. for Children and Families (DCF)
CONCISE SUMMARY: In 2008 the Legislature required the Commissioner to develop rules for the implementation of a system of child protection registry levels for substantiated cases of child abuse and/or neglect. In particular the rule creates distinct review periods for each level resulting in the possibility of earlier expungement from the registry and consequently greater employment opportunities. The rules address the length of time a person's name appears on the registry; when and how the names are expunged from the registry; whether the person is a juvenile or an adult; whether the person was charged with or convicted of a criminal offense arising out of the incident of abuse or neglect and whether a family court has made any findings against the person.
TYPE OF PERSONS AFFECTED: People who have been substantiated for abuse and neglect, employers and vulnerable populations.
COST BENEFIT ANALYSIS: This change maintains protection for children but also maximizes the employment opportunities of people at low risk levels by minimizing their time on the registry. To the extent that low risk people get off the registry and get jobs that were not otherwise possible, this is an economic benefit for them and for the State. We expect a positive impact from this change while still safeguarding children.
SCHEDULED HEARINGS: A public hearing is scheduled for February 17, 2009 1 - 3 pm, in the Skylight Conference Room in the Waterbury State Office Complex.
DEADLINE FOR PUBLIC COMMENT: February 24, 2009
FOR FURTHER INFORMATION, CONTACT: Sheila Duranleau, DCF Family Services 103 S. Main Street, Osgood 3 Waterbury, VT 05671-2401 (802) 241-2669 Sheila.Duranleau@ahs.state.vt.us
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Maintenance and Access to DCF Family Services Investigation, Assessment and Administrative Review Records.
Vermont Proposed Rule: 09P002
AGENCY: Dept. for Children and Families (DCF)
CONCISE SUMMARY: These rules have been established to provide guidance regarding appropriate maintenance of and access to specific department records. The rule covers: the maintenance of records and the release of information relating to investigation, assessment, and administrative review records, for Department for Children and Families, Family Services Division.
TYPE OF PERSONS AFFECTED: Statute expands the list of people for whom Family Services may disclose records. It affects people who have been the subject of a Family Services investigation or assessment for child abuse and/or neglect, parents and guardians of victims of child abuse and/or neglect investigations and assessments, law enforcement officers, other state agencies and probate courts involved in guardianship proceedings.
COST BENEFIT ANALYSIS: In 2007 Family Services conducted a total of 2,938 child abuse and neglect investigations and assessment. The State may incur costs related to redacting, printing and mailing of requested files under this new legislation which expands the list of people for whom Family Services may disclose records.
SCHEDULED HEARINGS: A public hearing is scheduled for February 17, 2009 1 - 3 pm in the Skylight Conference Room in the Waterbury State Office Complex.
DEADLINE FOR PUBLIC COMMENT: February 24, 2009
FOR FURTHER INFORMATION, CONTACT: Sheila Duranleau, DCF/Family Services 103 South Main St., Osgood 3 Waterbury, VT 05671-2401 (802)241-2669 Sheila.duranleau@ahs.state.vt.us
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Administrative Review Process
Vermont Proposed Rule: 09P003
AGENCY: Dept. for Children and Families (DCF)
CONCISE SUMMARY: These rules have been established to provide guidance regarding the administrative review process and the maintenance of administrative review records. The purpose of the administrative review process is to allow for an independent contractor to determine if Family Services substantiation standards have been met under the law or policy or to assess if the grievant has satisfied standards set forth in regarding petitions to expunge the grievant's name from the Child Protection Registry. These rules cover the following: The conducting of administrative reviews of substantiation decisions; the conducting of administrative reviews of expungement petitions and the maintenance of records related to administrative reviews of substantiation decisions and expungement petitions.
TYPE OF PERSONS AFFECTED: Family Services Division, alleged perpetrators of child abuse and/or neglect, people who have been substantiated for child abuse and/or neglect.
COST BENEFIT ANALYSIS: The State of Vermont has contracted with administrative reviewers, has received 539 requests and has conducted 310 administrative review conferences since implementation in September 2007. In addition to the cost of the contracted reviewers these administrative review conferences require considerable staff time to redact the investigation files. We do not anticipate any further economic impact as a result of these rules.
SCHEDULED HEARINGS: A public hearing is scheduled for February 17, 2009 1 - 3 pm, in the Skylight Conference Room in the Waterbury State Office Complex.
DEADLINE FOR PUBLIC COMMENT: February 24, 2009
FOR FURTHER INFORMATION, CONTACT: Sheila Duranleau DCF/Family Services 103 S. Main St., Osgood 3, Waterbury, VT 05671-2401 (802)241-2669 Sheila.duranleau@ahs.state.vt.us
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Response to Child Abuse and Neglect.
Vermont Proposed Rule: 09P004
AGENCY: Dept. for Children and Families (DCF)
CONCISE SUMMARY: Statute and these rules create an alternative response to the current process of investigating allegations of child abuse and/or neglect. Currently, Family Services conducts forensic interviews for every accepted report of alleged child abuse and/or neglect. These investigations lead to either a substantiation or and unsubstantiation. All substantiations are entered into the Child Protection Registry. Legislation allows Family Services to initiate an assessment process for certain types of accepted reports of child abuse and/or neglect (it does not change the acceptance criteria). The assessment process will result in a recommended plan of services, not a substantiation or an unsubstantiation.
TYPE OF PERSONS AFFECTED: This rule will affect individuals who are subject to an accepted report of child abuse and/or neglect and their families. It may also effect non-governmental agencies that play important roles in ensuring coordinated community level service delivery.
COST BENEFIT ANALYSIS: In 2007 the UVM Child Welfare Training Partnership Legislative Study analyzed Minnesota's implementation of differential response (DR). They reported a greater average combined cost for services and staff during the initial contact period with families of $147.00 ($1,142 for DR families and $905 for control group families) but a lower average combined cost of $1,515 during the follow-up for these costs ($4,062 for control families and $2,547 for experimental). Savings are accrued from the reduced use of out-of-home care and with families who are re-reported. Importantly, this pattern of reduced cost over time continues. Three and a half years out, with all costs included and combined, mean costs for control families were $4,967 and for differential response families $3,688, a difference of $1,279. The extended evaluation went through 2008 and the average length of time families were followed post-assessment was 3.6 years. The cost per control family was 135% of the cost per differential response.
SCHEDULED HEARINGS: A public hearing is scheduled for February 17, 2009 1 - 3 pm, in the Skylight Conference Room in the Waterbury State Office Complex.
DEADLINE FOR PUBLIC COMMENT: February 24, 2009
FOR FURTHER INFORMATION, CONTACT: Sheila Duranleau DCF/Family Services 103 S. Main St., Osgood 3, Waterbury, VT 05671-2401 (802) 241-2669 Sheila.Duranleau@ahs.state.vt.us
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Eliminating Adult Chiropractic Coverage in Medicaid and the Vermont Health Access Plan (VHAP)
Vermont Proposed Rule: 09PE01
AGENCY: Human Services
FOR FURTHER INFORMATION, CONTACT: Esther Perelman Office of Vermont Health Access 312 Hurricane Lane, Suite 201, Williston VT 05495 (802)879-5903.
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863
This page was last updated on: 2009-12-11.
