Vermont § 4912 - Definitions As used in this subchapter:

Full text of Vermont Vermont Statutes Online § 4912 — Definitions As used in this subchapter:, with citation guidance and answers to common questions.

§ 4912. Definitions As used in this subchapter:

  • (1) “Abused or neglected child” means a child whose physical health, psychological growth
    and development, or welfare is harmed or is at substantial risk of harm by the acts
    or omissions of his or her parent or other person responsible for the child’s welfare.
    An “abused or neglected child” also means a child who is sexually abused or at substantial
    risk of sexual abuse by any person and a child who has died as a result of abuse or
    neglect. (2) “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. The child and family assessment does not result in a formal
    determination as to whether the reported abuse or neglect has occurred. (3) “Child” means an individual under the age of majority. (4) “Child Protection Registry” means a record of all investigations that have resulted
    in a substantiated report on or after January 1, 1992. (5) “Emotional maltreatment” means a pattern of malicious behavior that results in impaired
    psychological growth and development. (6) “Harm” can occur by: (A) Physical injury or emotional maltreatment. (B) Failure to supply the child with adequate food, clothing, shelter, or health care.
    As used in this subchapter, “adequate health care” includes any medical or nonmedical
    remedial health care permitted or authorized under State law. Notwithstanding that
    a child might be found to be without proper parental care under chapters 51 and 53
    of this title, a parent or other person responsible for a child’s care legitimately
    practicing his or her religious beliefs who thereby does not provide specified medical
    treatment for a child shall not be considered neglectful for that reason alone. (C) Abandonment of the child. (7) “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. An investigation shall result in
    a formal determination as to whether the reported abuse or neglect has occurred. (8) “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. (9) “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. (10) “Person responsible for a child’s welfare” includes the child’s parent, guardian,
    foster parent, any other adult residing in the child’s home who serves in a parental
    role; an employee of a public or private residential home, institution, or agency;
    or other person responsible for the child’s welfare while in a residential, educational,
    or child care setting, including any staff person. (11) “Physical injury” means death or permanent or temporary disfigurement or impairment
    of any bodily organ or function by other than accidental means. (12) “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. (13) “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. (14) “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: (A) a single, egregious act that has caused the child to be at significant risk of serious
    physical injury; (B) the production or preproduction of methamphetamines when a child is actually present; (C) failing to provide supervision or care appropriate for the child’s age or development
    and, as a result, the child is at significant risk of serious physical injury; (D) failing to provide supervision or care appropriate for the child’s age or development
    due to use of illegal substances or misuse of prescription drugs or alcohol; (E) failing to supervise appropriately a child in a situation in which drugs, alcohol,
    or drug paraphernalia are accessible to the child; and (F) a registered sex offender or person substantiated for sexually abusing a child residing
    with or spending unsupervised time with a child. (15) “Sexual abuse” consists of any act or acts by any person involving sexual molestation
    or exploitation of a child, including: (A) incest; (B) prostitution; (C) rape; (D) sodomy; (E) lewd and lascivious conduct involving a child; (F) aiding, abetting, counseling, hiring, or procuring of a child to perform or participate
    in any photograph, motion picture, exhibition, show, representation, or other presentation
    that, in whole or in part, depicts sexual conduct, sexual excitement, or sadomasochistic
    abuse involving a child; (G) viewing, possessing, or transmitting child pornography, with the exclusion of the
    exchange of images between mutually consenting minors, including the minor whose image
    is exchanged; (H) human trafficking; (I) sexual assault; (J) voyeurism; (K) luring a child; or (L) obscenity. (16) “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 where there is a preponderance of the evidence necessary to support the
    allegation that the child has been abused or neglected. (17) “Serious physical injury” means, by other than accidental means: (A) physical injury that creates any of the following:

Frequently Asked Questions About Vermont § 4912

What does Vermont Statutes Online § 4912 cover?

Section 4912 ("Definitions As used in this subchapter:") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 4912?

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Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 4912 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.