Terms Used In Vermont Statutes > Title 24 > Chapter 61 > Subchapter 10 - Salvage Yards

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved placement: means the public child placing agency in the receiving state has determined that the placement is both safe and suitable for the child. See
• Area agency on aging: means an organization designated by the State to develop and implement a comprehensive and coordinated system of services, supports, and protections for older Vermonters, family caregivers, and kinship caregivers within a defined planning and service area of the State. See
• Arrest: Taking physical custody of a person by lawful authority.
• Assessment: means an evaluation of a prospective placement by a public child placing agency in the receiving state to determine if the placement meets the individualized needs of the child, including but not limited to the child's safety and stability, health and well-being, and mental, emotional, and physical development. See
• 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. See
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bylaws: means those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct. See
• Certification: means to attest, declare, or swear to before a judge or notary public. See
• Child: means an individual under 13 years of age. See
• Child: means a person under 18 years of age committed by the Family Division of the Superior Court to the Department for Children and Families. See
• Child: means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control. See
• Child: means an individual under the age of majority. See
• Child care facility: means any place or program operated as a business or service on a regular or continuous basis, whether for compensation or not, whose primary function is protection, care, and supervision of children under 16 years of age outside their homes for periods of fewer than 24 hours a day by a person other than a child's own parent, guardian, or relative, as defined by rules adopted by the Department for Children and Families, but not including a kindergarten approved by the State Board of Education. See
• Child care provider: means a person licensed or registered by the Department for Children and Families, or authorized by the Department, to provide child care. See
• Child care services: include developmentally appropriate care and supervision for children under 13 years of age for fewer than 24 hours a day by a child care provider. See
• Child Protection Registry: means a record of all investigations that have resulted in a substantiated report on or after January 1, 1992. See
• Choices for Care program: means the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration or a successor program. See
• Commissioner: means the Commissioner for Children and Families. See
• Commissioner: means the Commissioner for Children and Families. See
• Commissioner: means the voting representative of each compacting state appointed pursuant to section 5723 of this title. See
• Commissioner: means the Commissioner of Vermont Health Access. See
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Compact administrator: means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this compact. See
• Compacting state: means any state which has enacted the enabling legislation for this compact. See
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• corporal punishment: means the intentional infliction of physical pain upon the body of a child as a disciplinary measure. See
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means any court having jurisdiction over delinquent, neglected, or dependent children. See
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Default: means the failure of a member state to perform the obligations or responsibilities imposed upon it by this Compact, the bylaws, or rules of the Interstate Commission. See
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dental hygienist: means an individual licensed to practice as a dental hygienist under 26 Vt. See
• Dental services: means preventive, diagnostic, or corrective procedures related to the teeth and associated structures of the oral cavity. See
• Dental therapist: means an individual licensed to practice as a dental therapist under 26 Vt. See
• Dentist: means an individual licensed to practice dentistry under 26 Vt. See
• Department: means the Department for Children and Families. See
• Department: means the Department of Vermont Health Access. See
• Department: means the Department of Disabilities, Aging, and Independent Living. See
• Dependent: A person dependent for support upon another.
• Deputy compact administrator: means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the State Council under this compact. See
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Child Development Division. See
• Drug Utilization Review Board: means the Drug Utilization Review Board established in connection with the Medicaid program. See
• DVHA: means the Department of Vermont Health Access. See
• Emotional maltreatment: means a pattern of malicious behavior that results in impaired psychological growth and development. See
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Family caregiver: means an adult family member or other individual who is an informal provider of in-home and community care to an older Vermonter or to an individual with Alzheimer's disease or a related disorder. See
• Family child care home: means a child care facility that provides care on a regular basis in the caregiver's own residence for not more than 10 children at any one time. See
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Foster care: means care of a child, for a valuable consideration, in a child care institution or in a family other than that of the child's parent, guardian, or relative. See
• gender identity: means an individual's actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual's gender or gender-identity, regardless of the individual's assigned sex at birth. See
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health benefit plan: means a health benefit plan with prescription drug coverage offered or administered by a health insurer, as defined by 18 V. See
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Home Study: means an evaluation of a home environment conducted in accordance with the applicable requirements of the state in which the home is located, and documents the preparation and the suitability of the placement resource for placement of a child in accordance with the laws and requirements of the state in which the home is located. See
• Home- and community-based services: means long-term services and supports received in a home or community setting other than a nursing home pursuant to the Choices for Care component of Vermont's Global Commitment to Health Section 1115 Medicaid demonstration or a successor program and includes home health and hospice services, assistive community care services, and enhanced residential care services. See
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indian tribe: means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaskan native village as defined in section 3(c) of the Alaska Native Claims settlement Act at 43 U. See
• Individual with disabilities: means an individual who is under age 65 and is entitled, under the Social Security Act, to disability insurance benefits or is eligible for Medicare. See
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interstate Commission: means the Interstate Commission for Juveniles created by section 5723 of this title. See
• 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. See
• Jurisdiction: means the power and authority of a court to hear and decide matters. See
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
• Juvenile: means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:

• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Medicare Part D: means the prescription drug program established under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, Pub. See
• 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. See
• Member state: means a state that has enacted this Compact. See
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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. See
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Noncustodial parent: means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of a child, and who is not the subject of allegations or findings of child abuse or neglect. See
• Notice of residential placement: means information regarding a placement into a residential facility provided to the receiving state, including but not limited to the name, date and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed. See
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Older Americans Act: means the federal law originally enacted in 1965 to facilitate a comprehensive and coordinated system of supports and services for older Americans and their caregivers. See
• Older Vermonters: means all individuals residing in this State who are 60 years of age or older. See
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating health benefit plan: means a health benefit plan that has agreed to participate in one or more components of the Pharmacy Best Practices and Cost Control Program. See
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
• Pharmaceutical: means a drug that may not be dispensed unless prescribed by a health care provider as defined by 18 V. See
• Pharmacy: means a retail or institutional drug outlet licensed by the Vermont State Board of Pharmacy pursuant to 26 Vt. See
• Pharmacy Best Practices and Cost Control Program: means the Pharmacy Best Practices and Cost Control Program established by this subchapter. See
• Physical injury: means death or permanent or temporary disfigurement or impairment of any bodily organ or function by other than accidental means. See
• Placement: means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective, or epileptic or any institution primarily educational in character, and any hospital or other medical facility. See
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Private child placing agency: means any private corporation, agency, foundation, institution, or charitable organization or any private person or attorney that facilitates, causes, or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under color of state law. See
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Provisional placement: means a determination made by the public child placing agency in the receiving state that the proposed placement is safe and suitable, and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as to not delay the placement. See
• Public child placing agency: means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether they act on behalf of a state, county, municipality, or other governmental unit, that facilitates, causes, or is involved in the placement of a child from one state to another. See
• Quorum: The number of legislators that must be present to do business.
• Receiving state: means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons. See
• 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. See
• 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. See
• Relative: means someone who is related to the child as a parent, step-parent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a non-relative with such significant ties to the child that the person may be regarded as a relative as determined by the court in the sending state. See
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Residential facility: means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care and is beyond what is needed for assessment or treatment of an acute condition. See
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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:

• road: shall include bridges thereon and their approaches. See
• Rule: means a written statement by the Interstate Commission promulgated pursuant to section 5726 of this title that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Commission; and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule. See
• Rule: means a written directive, mandate, standard, or principle issued by the Interstate Commission promulgated pursuant to section 5911 of this title that is of general applicability and that implements, interprets, or prescribes a policy or provision of the Compact. See
• said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
• seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
• selectboard: as used in this chapter , shall include the mayor and board of aldermen of a city and the president and trustees of an incorporated village. See
• Sending agency: means a party state, officer or employee thereof; a subdivision of a party state, or officer, or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state. See
• Sending state: means the state from which the placement of a child is initiated. See
• Serious physical injury: means , by other than accidental means:

• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sexual abuse: consists of any act or acts by any person involving sexual molestation or exploitation of a child, including:

• sexual orientation: means female or male homosexuality, heterosexuality, or bisexuality. See
• State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
• State: means a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U. See
• State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See
• State court: means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or status offenses of individuals who have not attained 18 years of age. See
• State Plan on Aging: means the plan required by the Older Americans Act that outlines the roles and responsibilities of the State and the area agencies on aging in administering and carrying out the Older Americans Act. See
• State public assistance program: includes the Medicaid program, VPharm, the State Children's Health Insurance Program, the State of Vermont AIDS Medication Assistance Program, the General Assistance program, the Pharmacy Discount Plan Program, and the out-of-state counterparts to such programs. See
• State Unit on Aging: means an agency within a state's government that is directed to administer the Older Americans Act programs and to develop the State Plan on Aging in that state. See
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• 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 that would lead a reasonable person to believe that the child has been abused or neglected. See
• Summons: Another word for subpoena used by the criminal justice system.
• Supervision: means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to this Compact. See
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• town: shall mean village or city. See
• Training: means an activity, approved by the Commissioner or the Commissioner's designee, that is likely to lead to employment or required to maintain employment. See
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Verdict: The decision of a petit jury or a judge.
• Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
• Village: shall mean an incorporated village. See