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

New 33 V.S.A. 4907 'Unaccompanied Homeless Youth' creates a certification pathway for youth 16+ who are not in the physical custody of a parent or guardian (including runaways, those forced to leave home, or abandoned youth). Certified youth can access ID cards, vital records, medical and mental health care, housing, employment, auto purchase, student loans, school enrollment, bank accounts, and domestic violence services without parental consent.

Fee-waiver provisions for vital event certificates, nondriver ID cards, operator licenses, and learner's permits were updated to reference the new 33 V.S.A. 4907 certification in addition to (or replacing) references to the older 4908 certification.

Certification must be provided by a school district homeless liaison, an emergency shelter director funded by the Vermont Housing Opportunity Program, a runaway or homeless youth program director funded by HHS or HUD, or a continuum of care lead agency. The Division of Family Services develops a standardized certification form.

The Division stands in loco parentis to provide parental consent when required for services under the new section. Parental consent can also be implied by forcing the youth out of the home, refusing financial support, or abuse and neglect.

Entities, providers, and health care professionals who contract with a certified unaccompanied homeless youth are immune from liability for that decision unless they acted with gross negligence. The Division must consult with the Commissioner of Financial Regulation to ensure banking requirements are met so institutions can contract with youth who may lack a permanent address.

Effective date of July 1, 2026 was added as a new section.

The existing 33 V.S.A. 4908 'Unaccompanied Youth' section was restructured: the legislative intent paragraph was removed, and the definition of 'unaccompanied youth' was simplified to remove the specific age range of 16 or 17 (now defined as a homeless child or youth not in the physical custody of a parent or guardian).

The entire 33 V.S.A. section 4907 (UNACCOMPANIED HOMELESS YOUTH) was deleted. This section would have allowed any unaccompanied homeless youth age 16 or older to obtain a certification enabling them to access ID cards, vital records, medical care, housing, employment, student loans, school admission, bank accounts, and domestic violence services without parental consent. Its removal means only 16- and 17-year-olds (under the retained section 4908) can use this certification mechanism.

A new subdivision (K) was added to the list of services a certified unaccompanied youth may access without parental consent: participation in a court diversion program pursuant to 3 V.S.A. sections 163 and 164, or the Youth Substance Awareness Safety Program pursuant to 7 V.S.A. section 656.

The bill title changed from 'An act relating to enabling unaccompanied homeless youth to obtain certain services without parental consent' to 'An act relating to various programming and requirements within the Department for Children and Families,' reflecting that the enacted bill covers multiple DCF topics including Reach Up eligibility, foster care Social Security benefits, unaccompanied youth certification, and child transportation.

The entity responsible for developing the standardized certification form was changed. The House version named 'Elevate Youth Services' Vermont Coalition of Runaway and Homeless Services' specifically. The enacted version instead requires the Department to contract with a community organization that serves homeless and runaway youth in Vermont, giving the Department discretion over which organization develops the form.

In the Social Security benefits for youth in foster care section, the requirement that the Department 'establish a trust account' for a child receiving SSI benefits was changed to simply 'establish an account.' This removes the trust designation, which may affect how the funds are legally managed and protected.

The specific effective date of July 1, 2026 was removed from the visible portion of the enacted text. The enacted version may use a different effective date mechanism or the standard session law effective date.

New 33 V.S.A. section 4907 creates a certification process for unaccompanied homeless youth (16 or older) that allows them to access nondriver IDs, driver's licenses, learner's permits, vital records, medical and dental care, mental health services, housing contracts, employment, auto purchases, student loans, school admission, bank accounts, and domestic violence services without parental consent. Certification can be issued by school homeless liaisons, shelter directors, runaway youth program directors, or continuum of care agencies.

The bill title was expanded from 'An act relating to various programming and requirements within the Department for Children and Families' to also include 'enabling unaccompanied homeless youth to obtain certain services without parental consent,' reflecting the new section 4907.

Fee waivers for nondriver ID cards ($29), operator's licenses, motorcycle endorsements, learner's permits ($24), and vital event certificates ($10) now extend to certified unaccompanied homeless youth under the new section 4907, in addition to the existing waiver for former foster youth under 23 who were in state custody after age 14.

New section 4a amends 13 V.S.A. section 1311 (unlawful sheltering and aiding a runaway child) to add an exemption for any person providing assistance pursuant to the unaccompanied youth certification statute (section 4908), protecting service providers from criminal liability.

Immunity from liability is provided to any entity, provider, or health care professional who contracts with a certified unaccompanied homeless youth, unless they acted with gross negligence. Health care professionals are required (not just permitted) to accept the certification form as proof of status.

New section 9 (33 V.S.A. section 5123) establishes comprehensive rules for transporting children in state custody: defines secure transport, mechanical restraint, soft restraint, and waist shackles; requires least restrictive means; mandates written documentation before or after any use of restraints; prohibits waist shackles on children 12 and under; limits waist shackles on older children to situations where they are the sole means of preventing serious harm; requires supervisory review; and requires annual reporting to legislative committees by January 15.

The new provisions take effect July 1, 2026.

New definitions added for 'unaccompanied homeless youth' (16 or older, not in physical custody of a parent or guardian, including runaways and those forced to leave home), 'homeless children and youth' (seven categories of housing instability), and 'school district homeless liaison.'

The bill's title changed from 'enabling unaccompanied homeless youth to obtain certain services without parental consent' to 'various programming and requirements within the Department for Children and Families,' reflecting a much broader scope.

The unaccompanied youth provision was renamed from 'unaccompanied homeless youth' (section 4907) to 'unaccompanied youth' (section 4908), added a legislative intent statement about severe family dysfunction, expanded the definition of homeless with seven specific categories, and added two new certifying entities: the Chief Juvenile Defender and the Vermont Network Against Domestic and Sexual Violence.

New Section 1 sets a $9,000 asset limit for the Reach Up program, excludes retirement accounts (IRAs, 401(k)s) and 529 college savings accounts from the calculation, and excludes assets accumulated from family earnings and earned income tax credits.

Expanded services available to certified unaccompanied youth: added transitional housing, changed 'obtain a student loan' to 'apply for a student loan,' added participation in school activities including extracurriculars and field trips, and changed health care professionals from 'may accept' to 'shall accept' the certification form.

New Sections 2-3 require the Department to establish qualified ABLE accounts for foster children receiving SSI benefits, monitor federal asset limits, use Social Security benefits for unmet needs beyond what the state pays, appeal denied SSI applications, and provide annual accounting to the child, parents, court, and Child Advocate.

The certification form is now developed by Elevate Youth Services' Vermont Coalition of Runaway and Homeless Services instead of the Division of Family Services, must include confirmation that the certifier completed human trafficking training in the past two years, and the Department must post the form on its website.

New Section 9 adds comprehensive rules for transporting children in DCFS custody, including definitions for secure transport and various restraints, requirements to use least restrictive means, prohibition on waist shackles for children 12 and under, documentation requirements, supervisory review of restraint decisions, and annual reporting to the legislature.

New Section 11 requires the Vermont Criminal Justice Council to conduct a formal review of whether its use of force policy should include an appendix addressing law enforcement transportation of children under 18.

New Section 4a amends the unlawful sheltering statute (13 V.S.A. section 1311) to exempt persons providing assistance under the unaccompanied youth section from criminal liability for sheltering or aiding a runaway child.

New Section 12 (33 V.S.A. section 5130) prohibits prone restraints, mechanical restraints, chemical restraints, and strip searches on children in DCFS custody or regulated programs. Sets time limits for seclusion and physical restraint (supervisory approval after 10 minutes, clinical consultation after 30 minutes, in-person clinician assessment after 1 hour), requires notice to parents and attorneys within 24 hours, and mandates data collection and reporting.

New Section 10 requires DCFS to submit a written report by December 15, 2027 addressing how it is implementing the transportation policies, including contracting, oversight, data collection, and written policies.