H 657 — An act relating to various programming and requirements within the Department for Children and Families

mental health care services, including psychological counseling and treatment, psychiatric treatment, and substance use prevention and treatment services;

and surgical diagnosis and treatment, including medical diagnosis and treatment, such as preventive care and care provided in a health care facility, as defined in 18 V.S.A.

§ 9432, for:

(i) themselves;

or (ii) the youth’s child, if the certified unaccompanied homeless youth is unmarried, is the parent of the child, and has actual custody of the child;

(D) enter into an agreement for housing or obtain admission to a shelter;

(E) obtain employment, pursuant to 21 V.S.A.

chapter 5, subchapter 4;

(F) purchase an automobile and obtain an automobile liability policy that meets the requirements of 23 V.S.A.

chapter 11;

(G) obtain a student loan;

(H) obtain admission to high school or postsecondary school;

(I) open an account at a State- or federally chartered bank or credit union;

and BILL AS PASSED BY THE HOUSE H.657 Page 5 of 52 (J) receive services for victims of domestic or sexual violence, as appropriate, (d) Use of certification form.

A health care professional may accept the completed form as proof of the youth’s status as a certified unaccompanied homeless youth and may keep a copy of the form or card in the youth’s medical file.

(e) Consent of a parent or guardian.

(1) An unaccompanied homeless youth’s parent or guardian shall consent to the youth living independently or obtaining a benefit or service pursuant to subsection (c) of this section, but consent can be implied by the act of forcing the youth out of the home, refusing to provide financial support to the youth, or abuse and neglect.

Consent also can be demonstrated by a letter from a homeless service provider or school district homeless liaison or other appropriate staff member.

For any service or benefit authorized under subsection (c) of this section, if a parent’s or guardian’s consent is required to obtain the service or benefit, the Division shall stand in loco parentis and provide the necessary consent in the place of the unaccompanied homeless youth’s parent or guardian.

(2) For the purposes of implementing subdivision (c)(2)(I) of this section, the Division shall consult with the Commissioner of Financial Regulation to ensure that minimum youth certification requirements are met BILL AS PASSED BY THE HOUSE H.657 Page 6 of 52 for the purpose of making it legally permissible for a bank, credit union, or insurance company to contract with an unaccompanied homeless youth without the assistance of a parent or guardian and with the understanding that the unaccompanied homeless youth may not have a permanent physical address.

(f) Immunity from liability.

Any entity, provider, or health care professional who contracts with an unaccompanied homeless youth pursuant to this section shall be immune from liability for the determination to contract with a minor, unless the entity, provider, or health care professional acted with gross negligence.

* * * Vital Event Certificates * * * Sec.

2.

18 V.S.A.

§ 5017 is amended to read:

§ 5017.

FEES FOR COPIES (a) For a certified copy of a vital event certificate, the fee shall be $10.00.

(b) The State Registrar shall waive the fee for certified copies of vital event certificates issued to:

(1) an individual attesting to a lack of fixed, regular, and adequate nighttime residence;

and (2) an individual between 18 and 24 years of age who resided in a foster home or residential child care facility between 16 and 18 years of age pursuant to placement by a child-placing agency;

and BILL AS PASSED BY THE HOUSE H.657 Page 7 of 52 (3) an unaccompanied homeless youth who has obtained a certification pursuant to 33 V.S.A.

§ 4907.

* * * Nondriver Identification Cards * * * Sec.

3.

23 V.S.A.

§ 115 is amended to read:

§ 115.

NONDRIVER IDENTIFICATION CARDS (a)(1) Any Vermont resident may make application to the Commissioner and be issued an identification card that is attested by the Commissioner as to true name, correct age, residential address unless the listing of another address is requested by the applicant or is otherwise authorized by law, and any other identifying data as the Commissioner may require that shall include, in the case of minor applicants, the written consent of the applicant’s parent, guardian, or other person standing in loco parentis.

* * * (3) The Commissioner shall require payment of a fee of $29.00 at the time application for an identification card is made, except that an initial nondriver identification card shall be issued at no charge to:

(A) an individual who surrenders the individual’s license in connection with a suspension or revocation under subsection 636(b) of this title due to a physical or mental condition;

or BILL AS PASSED BY THE HOUSE H.657 Page 8 of 52 (B) an individual under 23 years of age who was in the care and custody of the Commissioner for Children and Families pursuant to 33 V.S.A.

§ 4903(4) in Vermont after attaining 14 years of age;

and (C) an unaccompanied homeless youth who has obtained a certification pursuant to 33 V.S.A.

§ 4907.

* * * * * * License and Privilege Cards * * * Sec.

4.

23 V.S.A.

§ 608 is amended to read:

§ 608.

FEES * * * (c)(1) Individuals under 23 years of age who were in the care and custody of the Commissioner for Children and Families pursuant to 33 V.S.A.

§ 4903(4) in Vermont after attaining 14 years of age shall be provided with operator’s licenses or operator privilege cards at no charge.

(2) No additional fee shall be due for a motorcycle endorsement for an individual under 23 years of age who was in the care and custody of the Commissioner for Children and Families pursuant to 33 V.S.A.

§ 4903(4) in Vermont after attaining 14 years of age.

(d) Individuals receiving Supplemental Security Income or Social Security Disability Income and individuals with a disability as defined in 9 V.S.A.

BILL AS PASSED BY THE HOUSE H.657 Page 9 of 52 § 4501 shall be provided with operator’s licenses or operator privilege cards for the following fees:

(1) Original issuance:

$20.00.

(2) Renewal every four years:

$20.00.

(3) Replacement of lost, destroyed, or mutilated card or a new name is required:

$10.00.

(e)(1) An unaccompanied homeless youth who has obtained a certification pursuant to 33 V.S.A.

§ 4907 shall be provided with operator’s licenses or operator privilege cards at no charge.

(2) No additional fee shall be due for a motorcycle endorsement for an unaccompanied homeless youth who has obtained a certification pursuant to 33 V.S.A.

§ 4907.

* * * Learner’s Permit * * * Sec.

5.

23 V.S.A.

§ 617 is amended to read:

§ 617.

LEARNER’S PERMIT * * * (b)(1) Notwithstanding the provisions of subsection (a) of this section, any licensed person may apply to the Commissioner of Motor Vehicles for a learner’s permit for the operation of a motorcycle in the form prescribed by the Commissioner.

The Commissioner shall offer both a motorcycle learner’s permit that authorizes the operation of three-wheeled motorcycles only and a BILL AS PASSED BY THE HOUSE H.657 Page 10 of 52 motorcycle learner’s permit that authorizes the operation of any motorcycle.

The Commissioner shall require payment of a fee of $24.00 at the time application is made, except that no fee shall be charged for an unaccompanied homeless youth who has obtained a certification pursuant to 33 V.S.A.

§ 4907 or for an individual under 23 years of age who was in the care and custody of the Commissioner for Children and Families pursuant to 33 V.S.A.

§ 4903(4) in Vermont after attaining 14 years of age.

(2) After the applicant has successfully passed all parts of the applicable motorcycle endorsement examination, other than a skill test, the Commissioner may issue to the applicant a learner’s permit that entitles the applicant, subject to subsection 615(a) of this title, to operate a three-wheeled motorcycle only, or to operate any motorcycle, upon the public highways for a period of 120 days from the date of issuance.

The fee for the examination shall be $11.00, except that no fee shall be charged for an unaccompanied homeless youth who has obtained a certification pursuant to 33 V.S.A.

§ 4907 or for an individual under 23 years of age who was in the care and custody of the Commissioner for Children and Families pursuant to 33 V.S.A.

§ 4903(4) in Vermont after attaining 14 years of age.

(3) A motorcycle learner’s permit may be renewed only twice upon payment of a $24.00 fee.

An unaccompanied homeless youth who has obtained a certification pursuant to 33 V.S.A.

§ 4907 and an individual under BILL AS PASSED BY THE HOUSE H.657 Page 11 of 52 23 years of age who was in the care and custody of the Commissioner for Children and Families pursuant to 33 V.S.A.

§ 4903(4) in Vermont after attaining 14 years of age shall not be charged a fee for the renewal of a motorcycle learner’s permit.

* * * (d)(1) An applicant shall pay $24.00 to the Commissioner for each learner’s permit or a duplicate or renewal thereof.

(2) An unaccompanied homeless youth who has obtained a certification pursuant to 33 V.S.A.

§ 4907 and an applicant under 23 years of age who was in the care and custody of the Commissioner for Children and Families pursuant to 33 V.S.A.

§ 4903(4) in Vermont after attaining 14 years of age shall not be charged a fee for a learner’s permit or a duplicate or renewal thereof.

* * * * * * Effective Date * * * Sec.

6.

EFFECTIVE DATE This act shall take effect on July 1, 2026 * * * Removing Reach Up Asset Limit * * * Sec.

1.

33 V.S.A.

§ 1103 is amended to read:

ELIGIBILITY AND BENEFIT LEVELS * * * BILL AS PASSED BY THE HOUSE H.657 Page 12 of 52 (c) The Commissioner shall adopt rules for the determination of eligibility for the Reach Up program and benefit levels for all participating families that include the following provisions:

§§ 401(k), 401(k), or any similar account as defined in 26 U.S.C.

and VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 2 of 35 (ii) a qualified child education savings account, such as the Vermont Higher Education Investment Plan, established in 16 V.S.A.

* * * BILL AS PASSED BY THE HOUSE H.657 Page 13 of 52 * * * Social Security Benefits for Youth in Foster Care * * * Sec.

§§ 4902 4902 is amended to read:

§§ 4902. 4902.

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 3 of 35 (3) “Department” means the Department for Children and Families.

§§ 529A 529A (section 529A of the Internal Revenue Code of 1986).

BILL AS PASSED BY THE HOUSE H.657 Page 14 of 52 (7) “RSDI benefits” means a child’s retirement, survivors, or disability insurance benefits under 42 U.S.C.

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 4 of 35 Sec.

§§ 4907 4907 is added to read:

§§ 4907. 4907.

BILL AS PASSED BY THE HOUSE H.657 Page 15 of 52 (c) In its capacity as representative payee for a child and with the assistance of the State Treasurer, the Department shall:

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 5 of 35 (4) appeal any denied application for SSI benefits submitted on behalf of a child;

§§ 4908 4908 is added to read:

§§ 4908. 4908.

UNACCOMPANIED YOUTH BILL AS PASSED BY THE HOUSE H.657 Page 16 of 52 (a) Definition.

As used in this section:

(1) “Homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence, including:

(A) children and youth sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;

(B) children and youth living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations;

(C) children and youth living in emergency or transitional shelters;

(D) children and youth abandoned in hospitals;

(E) children and youth living in a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

(F) children and youth living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings;

or (G) migratory children who qualify as homeless because they are living in circumstances described in this subdivision.

(2) “Unaccompanied homeless youth” means a homeless child or youth not in the physical custody of a parent or guardian.

(3) “School district homeless liaison” means an employee designated by a school district to act as a liaison for homeless children and youth.

BILL AS PASSED BY THE HOUSE H.657 Page 17 of 52 (b) Certification.

An unaccompanied youth may become certified if the youth is:

(1) found by a school district homeless liaison or other appropriate staff person to be an unaccompanied youth;

or (2) believed to qualify as an unaccompanied youth, by:

(A) the director of an emergency shelter program funded by the State;

(B) the director of a runaway or homeless youth program funded by the U.S.

Department of Health and Human Services or the U.S.

Department of Housing and Urban Development or designee;

(C) a continuum of care lead agency or designee;

(D) the Chief Juvenile Defender or designee;

or (E) the Vermont Network Against Domestic and Sexual Violence or designee.

(c) Proof of certification.

(1) Elevate Youth Services’ Vermont Coalition of Runaway and Homeless Services shall develop a standardized form that shall be used by the entities specified in subdivision (b)(2) of this section to certify qualifying unaccompanied youths.

The front of the form shall include the circumstances that qualify the youth;

the date the youth was certified;

the name, title, and signature of the certifying individual;

and confirmation from the certifying individual that they have completed a human trafficking training in the past BILL AS PASSED BY THE HOUSE H.657 Page 18 of 52 two years.

This section shall be reproduced in its entirety on the back of the form.

(2) Without the consent of a parent or guardian, a certified unaccompanied youth may use the completed form to:

(A) apply at no charge for a nondriver identification card pursuant to V.S.A.

§ 115, a learner’s permit pursuant to 23 V.S.A.

§ 617, or an operator’s license or operator’s privilege card pursuant to 23 V.S.A.

§ 608;

(B) obtain a vital event certificate at no charge pursuant to 18 V.S.A.

§ 5017;

(C) consent to care by health care professionals licensed or certified in Vermont, including medical care;

dental care;

mental health care services, including psychological counseling and treatment, psychiatric treatment, and substance use prevention and treatment services;

and surgical diagnosis and treatment, including medical diagnosis and treatment, such as preventive care and care provided in a health care facility, as defined in 18 V.S.A.

§ 9432, for:

(i) themselves;

or (ii) the youth’s child, if the certified unaccompanied youth is unmarried, is the parent of the child, and has actual custody of the child;

(D) enter into a contract for housing or obtain admission to a shelter or transitional housing;

BILL AS PASSED BY THE HOUSE H.657 Page 19 of 52 (E) obtain employment, pursuant to 21 V.S.A.

chapter 5, subchapter 4;

(F) purchase an automobile and obtain an automobile liability policy that meets the requirements of 23 V.S.A.

chapter 11;

(G) apply for a student loan;

(H) obtain admission to high school or postsecondary school and participate in school activities, including extracurricular activities and field trips;

(I) open an account at a State- or federally chartered bank or credit union;

and (J) receive services for victims of domestic or sexual violence, as appropriate.

(d) Use of certification form.

A health care professional shall accept the completed form as proof of the youth’s status as a certified unaccompanied youth.

Entities that provide housing, services, or benefits authorized under this section may keep a copy of the form or card in the youth’s medical file.

(e) Consent of a parent or guardian.

(1) A certification issued pursuant to subsection (b) of this section shall authorize an unaccompanied youth to obtain benefits and services listed in subsection (c) of this section.

A person, provider, or health care professional BILL AS PASSED BY THE HOUSE H.657 Page 20 of 52 shall not require the consent of a parent or guardian as a condition of providing a benefit or service authorized under subsection (c) of this section.

(2) For the purposes of implementing subdivision (c)(2)(I) of this section, the Commissioner of Financial Regulation shall ensure that minimum youth certification requirements are met for the purpose of making it legally permissible for a bank, credit union, or insurance company to contract with an unaccompanied youth without the consent of a parent or guardian and with the understanding that the unaccompanied youth may not have a permanent physical address.

(f) Immunity from liability.

Any entity, provider, or health care professional who contracts with an unaccompanied youth pursuant to this section shall be immune from liability for the determination to contract with a minor, unless the entity, provider, or health care professional acted with gross negligence.

(g) Nothing in this section shall be construed as altering the Interstate Compact for Juveniles.

Sec.

4.

33 V.S.A.

§ 4908 is added to read:

§ 4908.

In instances in which severe family dysfunction such as abuse, neglect, child abandonment, or lack of financial support has left a youth who is 16 or 17 years of age homeless, and other supports such as foster care are deemed inappropriate, it is the intent of the General Assembly to BILL AS PASSED BY THE HOUSE H.657 Page 21 of 52 provide an unaccompanied youth with the resources necessary to obtain services and benefits that the unaccompanied youth’s peers can obtain with the consent of a parent or guardian.

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 6 of 35 (A) a child or youth sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;

BILL AS PASSED BY THE HOUSE H.657 Page 22 of 52 (3) “Unaccompanied youth” means a homeless child or youth 16 or 17 years of age who is not in the physical custody of a parent or guardian.

or VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 7 of 35 (2) believed to qualify as an unaccompanied youth, by:

the name, title, and BILL AS PASSED BY THE HOUSE H.657 Page 23 of 52 signature of the certifying individual;

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 8 of 35 (B) The Department shall post the certification form and information about this section on its website, including who is eligible for certification and which individuals and entities can complete the certification form pursuant to this section.

(A) apply at no charge for a nondriver identification card pursuant to 23 V.S.A.

§§ 608; 608;

§§ 5017; 5017;

BILL AS PASSED BY THE HOUSE H.657 Page 24 of 52 (i) the youth;

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 9 of 35 (D) enter into a contract for housing or obtain admission to a shelter or transitional housing;

BILL AS PASSED BY THE HOUSE H.657 Page 25 of 52 (f) Consent of a parent or guardian.

(1) A certification issued pursuant to subsection (c) of this section shall authorize an unaccompanied youth to obtain benefits and services listed in subsection (d) of this section.

A person, provider, or health care professional shall not require the consent of a parent or guardian as a condition of providing a benefit or service authorized under subsection (d) of this section.

(2) For the purposes of implementing subdivision (d)(2)(I) of this section, the Commissioner of Financial Regulation shall ensure that minimum youth certification requirements are met for the purpose of making it legally permissible for a bank, credit union, or insurance company to contract with an unaccompanied youth without the consent of a parent or guardian and with the understanding that the unaccompanied youth may not have a permanent physical address.

Any entity, provider, or health care professional who relies in good faith on a certification form presented by a person who claims to be a certified unaccompanied youthyouth pursuant pursuant to this section shall be VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 10 of 35 immune from liability for such reliance, unless the entity, provider, or health care professional acted with gross negligence.

Any entity, provider, or health care professional who contracts with an unaccompanied youth pursuant to this section shall be immune from liability for the determination to contract with a BILL AS PASSED BY THE HOUSE H.657 Page 26 of 52 minor, unless the entity, provider, or health care professional acted with gross negligence.

§§ 1311 1311 is amended to read:

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 11 of 35 (c) Exempt from the prohibitions of subdivisions (b)(1) and (2) of this section are:

and BILL AS PASSED BY THE HOUSE H.657 Page 27 of 52 (2) a person who has taken the child into custody pursuant to 33 V.S.A § 5251 or 5301;

§ 4908.

(3) actions authorized under 33 V.S.A.

(c) Exempt from the prohibitions of subdivisions (b)(1) and (2) of this section are:

(1) a shelter, or the directors, agents, or employees of a shelter, designated by the Commissioner for Children and Families pursuant to 33 V.S.A.

§ 5304, provided that the requirements of 33 V.S.A.

§ 5303(b) are satisfied;

and (2) a person who has taken the child into custody pursuant to 33 V.S.A § 5251 or 5301;

and (3) a person providing assistance pursuant to 33 V.S.A.

§ 4908.

§§ 5017 5017 is amended to read:

BILL AS PASSED BY THE HOUSE H.657 Page 28 of 52 (1) an individual attesting to a lack of fixed, regular, and adequate nighttime residence;

and VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 12 of 35 (3) an unaccompanied youth who has obtained a certification pursuant to 33 V.S.A.

§§ 4908. 4908.

Nondriver Identification Cards ** * * * * Sec.

BILL AS PASSED BY THE HOUSE H.657 Page 29 of 52 (A) an individual who surrenders the individual’s license in connection with a suspension or revocation under subsection 636(b) of this title due to a physical or mental condition;

or VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 13 of 35 (B) an individual under 23 years of age who was in the care and custody of the Commissioner for Children and Families pursuant to 33 V.S.A.

§§ 4908. 4908.

§§ 608 608 is amended to read:

§§ 4903(4) 4903(4) in Vermont after attaining 14 years of age shall be provided with operator’s licenses or operator privilege cards at no charge.

BILL AS PASSED BY THE HOUSE H.657 Page 30 of 52 (d) Individuals receiving Supplemental Security Income or Social Security Disability Income and individuals with a disability as defined in 9 V.S.A.

VT§ 4501 LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 14 of 35 § 4501 shall be provided with operator’s licenses or operator privilege cards for the following fees:

§§ 4908 4908 shall be provided with operator’s licenses or operator privilege cards at no charge.

§§ 4908. 4908.

§§ 617 617 is amended to read:

LEARNER’S PERMIT * * * (b)(1) Notwithstanding the provisions of subsection (a) of this section, any licensed person may apply to the Commissioner of Motor Vehicles for a learner’s permit for the operation of a motorcycle in the form prescribed by the BILL AS PASSED BY THE HOUSE H.657 Page 31 of 52 Commissioner.

The Commissioner shall offer both a motorcycle learner’s permit that authorizes the operation of three-wheeled motorcycles only and a VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 15 of 35 motorcycle learner’s permit that authorizes the operation of any motorcycle.

§§ 4908 4908 or for an individual under 23 years of age who was in the care and custody of the Commissioner for Children and Families pursuant to 33 V.S.A.

§§ 4908 4908 or for an individual under 23 years of age who was in the care and custody of the Commissioner for Children and Families pursuant to 33 V.S.A.

BILL AS PASSED BY THE HOUSE H.657 Page 32 of 52 (3) A motorcycle learner’s permit may be renewed only twice upon payment of a $24.00 fee.

§§ 4908 4908 and an individual under 23 years of VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 16 of 35 age who was in the care and custody of the Commissioner for Children and Families pursuant to 33 V.S.A.

§§ 4908 4908 and an applicant under 23 years of age who was in the care and custody of the Commissioner for Children and Families pursuant to 33 V.S.A.

§§ 5123 5123 is amended to read:

BILL AS PASSED BY THE HOUSE H.657 Page 33 of 52 (1) “Least restrictive” has the same meaning as in section 5130 of this chapter.

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 17 of 35 (3) “Physical restraint” has the same meaning as in section 5130 of this chapter.

and BILL AS PASSED BY THE HOUSE H.657 Page 34 of 52 (3) represents the least restrictive means necessary for the safety of the child.

(b)(c) The Commissioner for Children and Families shall have the authority to select the person or persons who may transport a child under the VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 18 of 35 Commissioner’s care and custody designate the professional or law enforcement officers transporting children and shall authorize the method of transport.

BILL AS PASSED BY THE HOUSE H.657 Page 35 of 52 (e)(f) It is the policy of the State of Vermont that mechanical restraints are not routinely used on children subject to this chapter unless circumstances dictate that such methods are necessary.

Soft mechanical restraints Soft restraints shall be the first option for restraint, and other mechanical restraints shall not be utilized as a substitute for soft restraints if the soft restraints are deemed adequate for safety.

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 19 of 35 (g) An entity contracted pursuant to subsection (c) of this section shall provide documentation to the Department for the use of restraints when:

or (3) the use of waist shackles was determined to be the sole means of preventing serious physical harm to the child or others and shall include a BILL AS PASSED BY THE HOUSE H.657 Page 36 of 52 description as to why waist shackles were the sole means of preventing the risk of serious physical harm to the child or others.

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 20 of 35 (i) The use of waist shackles shall be prohibited on children 12 years of age or younger.

BILL AS PASSED BY THE HOUSE H.657 Page 37 of 52 (A) the age, gender, and racial background of the children transported;

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 21 of 35 (D) when applicable, the type of mechanical restraint;

and the Office of the Child, Youth, and Family Advocate addressing the number of secure transports of minors during the previous year:

(1) the age, gender, and racial background of the minors transported;

(2) the number of minors transported using mechanical restraints;

BILL AS PASSED BY THE HOUSE H.657 Page 38 of 52 (3) when applicable, the type of mechanical restraint;

(4) the type of custody minors were in when transport occurred;

and (5) the purpose of the transport.

(l) Annually, on or before January 15, the Department of State’s Attorneys and Sheriffs shall submit a written report to the House Committee on Human Services;

the Senate Committee on Health and Welfare;

the Department for Children and Families;

§§ 290(b) 290(b) during the previous year, including:

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 22 of 35 Sec.

RESTRAINT IN TRANSPORTATION OF CHILDREN (a) On or before December 15, 2027, the Department for Children and Families shall submit a written report to the House Committee on Human Services and to the Senate Committee on Health and Welfare addressing how BILL AS PASSED BY THE HOUSE H.657 Page 39 of 52 the Department is effectuating the policies set forth in 33 V.S.A.

§§ 5123(d) 5123(d) and 2017 Acts and Resolves No.

§§ 5123(c); 5123(c);

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 23 of 35 Sec.

and the Departments for Children and Families and of Disabilities, Aging, and Independent Living shall conduct a formal review to determine whether its use of force policy BILL AS PASSED BY THE HOUSE H.657 Page 40 of 52 should include an appendix to adequately address the transportation by law enforcement of children under 18 years of age that is in alignment with the public policy considerations for the transport of children in the custody of the Department for Children and Families pursuant to 33 V.S.A.

§§ 5123. 5123.

§§ 5130 5130 is added to read:

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 24 of 35 (3) “Mechanical restraint” means a type of restraint using a mechanical device, material, or equipment, or garment attached to the child’s body, that restricts freedom of movement or immobilizes or reduces the ability of a child to move the child’s arms, legs, body, or head freely.

A BILL AS PASSED BY THE HOUSE H.657 Page 41 of 52 physical restraint shall not include a light touch to encourage a response or to provide direction or guidance, provided the child is able to move away freely.

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 25 of 35 (7) “Strip search” means a search that requires a child to remove or arrange some clothing so as to permit a visual inspection of the child’s breasts, buttocks, or genitalia.

(8) “Least restrictive” means the minimum intervention necessary to prevent harm to the child or to another, maximizing a child’s autonomy, ensuring that restrictions are proportionate to the risk of harm, and ensuring BILL AS PASSED BY THE HOUSE H.657 Page 42 of 52 involuntary measures are only permitted as a last resort when less intrusive methods have failed.

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 26 of 35 (d) A staff member shall use other less restrictive interventions, unless less restrictive interventions have failed or would be ineffective in stopping imminent danger of physical injury or property damage.

BILL AS PASSED BY THE HOUSE H.657 Page 43 of 52 (1) determines that the child’s behavior poses a serious and immediate risk of physical harm to the child or others;

Restraint or seclusion lasting more than 30 minutes require clinical and administrative consultation, approval, and oversight.

A child shall not be held for more than one hour in restraint or VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 27 of 35 seclusion without an in-person assessment by a clinician and authorization by the administrator on duty.

BILL AS PASSED BY THE HOUSE H.657 Page 44 of 52 (1) include a locked bedroom during regular sleeping hours in a secure residence as seclusion;

The documentation shall include a description of the child’s specific behaviors VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 28 of 35 justifying the use of the intervention.

BILL AS PASSED BY THE HOUSE H.657 Page 45 of 52 (1) the specific types of the seclusion or physical restraint used;

(m) Notwithstanding subsection (b) of this section, a child detained in a secure residential program may be restrained with mechanical restraints for a momentary initial hold to enable relocation of the child to a less restrictive VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 29 of 35 method of intervention if necessitated to prevent serious and immediate harm to the child or others, except that under no circumstances shall a garment adjacent to the child’s body that restricts freedom of movement or immobilizes or reduces the ability of a child to move the child’s arms, legs, body, or head BILL AS PASSED BY THE HOUSE H.657 Page 46 of 52 freely be utilized.

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 30 of 35 (p) The Department shall develop and adopt rules pursuant to 3 V.S.A.

standards for supervisory oversight, BILL AS PASSED BY THE HOUSE H.657 Page 47 of 52 recordkeeping, and reporting by residential programs;

§§ 5130(l) 5130(l) is amended to read:

CHILDREN IN CORRECTIONAL FACILITIES (a) On or before January 1, 2027, the Departments for Children and Families and of Corrections shall submit a written report to the House VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 31 of 35 Committees on Human Services and on Corrections and Institutions and to the Senate Committees on Health and Welfare and on Institutions regarding the BILL AS PASSED BY THE HOUSE H.657 Page 48 of 52 use of restraint and seclusion on minors detained in Department of Corrections’ facilities and potential means for reducing physical and psychological trauma from restraint and seclusion.

(b) Members of the work group who are not participating in their professional capacity shall be entitled to per diem compensation and reimbursement of expenses as permitted under 3232 V.S.A. V.S.A.

§§ 1010 1010 for not more than five meetings.

PROPOSAL TO EXTEND SUPPORTS FOR CHILDREN OVER 17 YEARS OF AGE VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 32 of 35 On or before November 1, 2026, the Department for Children and Families shall submit a written report, in consultation with the Judicial Branch, to the BILL AS PASSED BY THE HOUSE H.657 Page 49 of 52 House Committee on Human Services and to the Senate Committee on Health and Welfare with recommendations for court oversight processes that meet federal requirements to allow access to federal funds for programs that may support youth up to 21 years of age and that ensures sustainable use of judicial resources.

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 33 of 35 (2) the Vermont Child, Youth, and Family Advocate or designee;

BILL AS PASSED BY THE HOUSE H.657 Page 50 of 52 (4) the Executive Director of Vermont Legal Aid or designee;

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 34 of 35 (c) Powers and duties.

The Working Group shall study the Department for Children and Families’ current practice of using a pregnancy calendar to monitor and track certain pregnant individuals in Vermont and provide BILL AS PASSED BY THE HOUSE H.657 Page 51 of 52 recommendations on alternatives to a pregnancy calendar and ways to support pregnant individuals in need of services.

VT LEG #388470 v.1 AS PASSED BY HOUSE H.657 Page 35 of 35 (g)(1) Compensation and reimbursement.

Members of the Working Group who are not otherwise compensated for attendance at meetings shall be entitled to per diem compensation and expenses as permitted under 3232 V.S.A. V.S.A.

§§ 1010 1010 for not more than five meetings.

BILL AS PASSED BY THE HOUSE H.657 Page 52 of 52 (2) Members of the Working Group who are not participating in their professional capacity shall be entitled to per diem compensation and reimbursement of expenses as permitted under 3232 V.S.A. V.S.A.

§§ 1010 1010 for not more than five meetings.

§§ 4902) 4902) and Sec.

§§ 4907) 4907) shall take effect on July 1, 2027.

§§ 5130(l)) 5130(l)) shall take effect on July 1, 2028.

VT LEG #388470 v.1