Vermont Law That Impacts Children with Special Needs

Vermont Law that Impacts Children with Special Needs

Child Support

· Vt. Stat. Ann. tit. 15, § 653(9). Definitions

(9) "Total support obligation" means the sum of money determined by adding:

(A) amounts derived from the support guideline appropriate to the parties' available income;

(B) child care costs; and

· Vt. Stat. Ann. tit. 15, § 653(4). Definitions

(4) "Extraordinary expenses" means any extraordinary medical or education expenses, including expenses related to the special needs of a child, incurred on behalf of involved children. Extraordinary medical expenses shall include but not be limited to uninsured annual medical expenses in excess of $ 200.00.

· Vt. Stat. Ann. tit. 15, § 655. Total child support obligation

In any proceeding to establish or modify child support, the total support obligation shall be presumed to be the amount of child support needed, from which a parental support obligation shall be calculated and ordered to be paid unless support is established under section 659 of this title. The court shall review the adequacy of a child support amount agreed to by the parties with reference to the total support obligation.

· Clark v. Clark, 172 Vt. 351, 779 A.2d 42, 43-44 (Vt. 2001).

Appeals court affirmed order that increased a father's child support after a special needs child was enrolled in a more expensive school.

“Father first argues that the court had no jurisdiction to modify the award. According to father, because Justin's needs were apparent from an early age, the fact that he required special schooling was not a real, substantial, and unanticipated change of circumstances.

15 V.S.A. § 660(a) provides, in pertinent part:

On motion of either parent . . . and upon a showing of a real, substantial and unanticipated change of circumstances, the court may annul, vary or modify a child support order, whether or not the order is based upon a stipulation or agreement.

15 V.S.A. § 660(b) provides, in pertinent part:

A child support order . . . [that] varies more than ten percent from the amounts required to be paid under the support guideline, shall be considered a real, substantial and unanticipated change of circumstances.

Under § 660(b), because the child support order mother sought to modify deviated from the guidelines by more than ten percent, the court had jurisdiction to modify the order. See Grimes v. Grimes, 159 Vt. 399, 406, 621 A.2d 211, 214 (1992) (declining to reach issue of whether decrease in father's income was real, substantial and unanticipated change in circumstances under § 660(a), citing § 660(b), and stating: ‘Because it is undisputed that the 1987 order set the child support obligation more than 10% above the guideline amount, the court did not err in modifying the order.’).”

Support for Disabled Adult-Child (Post Minority Age Support)

· Knowles v. Thompson, 166 Vt. 414, 697 A.2d 335 (Vt. 1997).

The family court did not have authority to require the father to pay child support beyond the children’s age of majority or termination of secondary education without a prior agreement to the contrary.

Custody, Visitation, and Relocation

· Vt. Stat. Ann. tit. 15, § 665. Rights and responsibilities order; best interests of the child

(a) In an action under this chapter, the Court shall make an order concerning parental rights and responsibilities of any minor child of the parties. The Court may order parental rights and responsibilities to be divided or shared between the parents on such terms and conditions as serve the best interests of the child. When the parents cannot agree to divide or share parental rights and responsibilities, the Court shall award parental rights and responsibilities primarily or solely to one parent.

(b) In making an order under this section, the Court shall be guided by the best interests of the child, and shall consider at least the following factors:

(1) the relationship of the child with each parent and the ability and disposition of each parent to provide the child with love, affection, and guidance;

(2) the ability and disposition of each parent to assure that the child receives adequate food, clothing, medical care, other material needs, and a safe environment;

(3) the ability and disposition of each parent to meet the child's present and future developmental needs;

(4) the quality of the child's adjustment to the child's present housing, school, and community and the potential effect of any change;

(5) the ability and disposition of each parent to foster a positive relationship and frequent and continuing contact with the other parent, including physical contact, except where contact will result in harm to the child or to a parent;

(6) the quality of the child's relationship with the primary care provider, if appropriate given the child's age and development;

(7) the relationship of the child with any other person who may significantly affect the child;

(8) the ability and disposition of the parents to communicate, cooperate with each other, and make joint decisions concerning the children where parental rights and responsibilities are to be shared or divided; and

(9) evidence of abuse, as defined in section 1101 of this title, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.

Adoption Subsidy

· Vt. Stat. Ann. tit. 15, § 2-103(d). Placement for adoption by agency

(d) An agency shall inform the adoptive parents about any known unique requirements or special needs of the child and the services available to assist with meeting those needs, including any adoption subsidy for which the child may be eligible.

State and Community Resources

· Balance in Childhood and Adolescence

Balance in Childhood and Adolescence offers a holistic program for Learning and Behavior Issues including ADHD, Autism Spectrum, Dyslexia, Dysgraphia, Developmental Delay and Sensory Processing. Executive function skills are strengthened through combining coordination and balance activities with speaking, motor planning, geometric drawing and painting exercises. Harmonization exercises and use of specific artistic methods increase self-esteem across all ages and foster an increased sense of calm. Fine motor skills are addressed through activities that wake up the proprioceptive activity of the hands. Most clients attend a weekly session, with a minimum of twelve. Consultations are also offered for parents needing practical advice about a range of topics.

www.balanceinchildhood.com

· Families First Vermont

Founded in 1996, Families First is a (501) non-profit organization committed to helping special needs children and their families in Windham County in Southeastern Vermont. We serve children who are medically fragile, developmentally delayed and those who have mental health issues. Eighteen years ago, Families First began with just three families who wanted to create an agency that would be creative, nurturing and responsive to the day to day needs of families with special needs children. Today we serve over eighty families, with several referrals coming in each month.

familiesfirstvt.weebly.com

· Vermont Department of Health

Children with Special Needs The Office of Children With Special Health Needs (CSHN) provides a number of services to Vermont children - birth to age 21 - who have complex health conditions, and to their families. Families are a child’s best caregivers, advocates and decision-makers. Our mission is to provide information, medical services, care coordination and resources to help families support their children’s well being, growth and development.

healthvermont.gov/family/cshn/cshn.aspx

· Vermont Directory of Special Needs and Disability Resources

Gathering information and connecting with organizations in your area is an important part in achieving success for yourself or your loved one. Special Needs Stop is proud to offer a listing for Special Needs Resources for both state and national. Also included are Special Needs Resources offering support to family members and caregivers. Special Needs Stop directory is a starting point for individuals to gather information in regards to national and state organizations providing services for individuals with special needs and/or disabilities and their family members. It important to conduct your own research of any individual, organization, product or service included in Special Needs Stop Resource Directory. The listing of an individual or organization on this site is not intended as an endorsement of that individual or organization or any products or services they may offer.

http://www.specialneedsstop.com/vermont-resources

· Vermont – Disability Resources

Disability Resources, inc. is a nonprofit 501(c)(3) organization established to promote and improve awareness, availability and accessibility of information that can help people with disabilities live, learn, love, work and play independently

We serve thousands of individuals with disabilities through a multidisciplinary network of service providers and consumers. In order to reach as many people with disabilities as cost effectively as possible, we target our services and publications to libraries, disability organizations, independent living centers, rehabilitation facilities, educational institutions, and health and social service providers.

We disseminate information about books, pamphlets, magazines, newsletters, videos, databases, government agencies, nonprofit organizations, telephone hotlines and on-line services that provide free, inexpensive or hard-to-find information to help people with disabilities live independently.

http://www.disabilityresources.org/VERMONT.html

· Vermont Family Network

We are here to listen and help with any needs or concerns you may have related to you or your child’s health, education, or well-being.

Vermont Family Network (VFN) empowers and supports all Vermont families of children with special needs so that all children reach their potential. We can:

o Provide information, connections and support about your child’s health and development

o Help you understand your child’s education plan, including special education and Section 504

o Work with you to identify and access community resources

o Provide early intervention services for your young child and family in Chittenden County

o Help strengthen communication and collaboration between your family and education and health professionals

o Teach family-centered care to future service providers

o Connect you with other parents with similar concerns

o Offer leadership training to help you advocate on a personal and systems level

o Provide guidance about health care services and insurance

www.vermontfamilynetwork.org

· Vermont - Special Needs Resource Project

Special Needs Resource Project (SNRP) provides a basic guide for parents of children with chronic health issues, disabilities and special needs. This site is designed to help you get a jump-start in your search for helpful information and resources. Every situation is unique. Our aim is to help you learn the basic skills you'll need to obtain the specific resource information, equipment, and services your child and family needs. Though focused on children ages 0-22, most of the information we offer is applicable to adults as well.

http://www.snrproject.com/Resource/Links/vermont

· Vermont Yellow Pages for Kids

Find educational consultants, psychologists, diagnosticians, health care specialists, academic tutors, speech language therapists, advocates, and attorneys. You will also find government programs, grassroots organizations, special education schools and parent support groups.

Additionally the Yellow Pages for Kids User Guide will teach you how to be a more effective advocate. Learn how to build your team, get educated about your child's disability, find special education advocacy training, locate a parent group, and get legal and advocacy help.