Vermont 2025-2026 Regular Session

Vermont House Bill H0213 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.213
2	2	2025 Page 1 of 9
3	3
4	4
5	5	VT LEG #379816 v.1
6	6	H.213 1
7	7	Introduced by Representative Noyes of Wolcott 2
8	8	Referred to Committee on 3
9	9	Date: 4
10	10	Subject: Crimes; human services; child abuse and neglect; assessment and 5
11	11	investigation 6
12	12	Statement of purpose of bill as introduced: This bill proposes to expand the 7
13	13	bases of child abuse and neglect assessments and investigations by developing 8
14	14	a statute to specify torture of a child and including investigatory bases for 9
15	15	general lewd and lascivious conduct, as well as domestic assaults and offenses 10
16	16	committed in the presence of a child. This bill also proposes including child 11
17	17	advocacy centers and empaneled multidisciplinary teams in the assessment and 12
18	18	investigation processes. 13
19	19	An act relating to amending the bases and process of child abuse and 14
20	20	neglect investigations 15
21	21	It is hereby enacted by the General Assembly of the State of Vermont: 16
22	22	Sec. 1. 13 V.S.A. § 1304 is amended to read: 17
23	23	§ 1304. CRUELTY TO A CHILD; TORTURE OF A CHILD 18
24	24	(a) A person over 16 years of age, having the custody, charge, or care of a 19
25	25	child, who willfully through omission, neglect, or reckless act, assaults, ill 20 BILL AS INTRODUCED H.213
26	26	2025 Page 2 of 9
27	27
28	28
29	29	VT LEG #379816 v.1
30	30	treats, neglects, or abandons or exposes such child, or causes or procures such 1
31	31	child to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner 2
32	32	to cause such child unnecessary physical suffering or emotional distress, or to 3
33	33	endanger his or her the child’s health, shall be imprisoned not more than two 4
34	34	years or fined not more than $500.00, or both. 5
35	35	(b)(1) A person is guilty of torture of a child when the person knowingly 6
36	36	inflicts serious bodily injury or severe emotional distress, or both, against 7
37	37	another person within the person’s custody, charge, or care. 8
38	38	(2)(A) A person who is convicted of torture shall be imprisoned not 9
39	39	more than five years or fined not more than $10,000.00, or both. 10
40	40	(B) If the child suffers death, or serious bodily injury as defined in 11
41	41	subdivision 1021(2) of this title, or is subjected to sexual conduct as defined in 12
42	42	subdivision 2821(2) of this title, the person shall be imprisoned not more than 13
43	43	ten 10 years or fined not more than $20,000.00, or both. 14
44	44	(3) It shall not be an affirmative defense to a charge under this 15
45	45	subsection that the alleged victim did not suffer pain. 16
46	46	(2)(4) It shall be an affirmative defense to a charge under this subsection 17
47	47	(b), if proven by a preponderance of the evidence, that the defendant engaged 18
48	48	in the conduct set forth in subsection (a) of this section because of a reasonable 19
49	49	fear that he or she the person or another person would suffer death, bodily 20 BILL AS INTRODUCED H.213
50	50	2025 Page 3 of 9
51	51
52	52
53	53	VT LEG #379816 v.1
54	54	injury, or serious bodily injury as defined in section 1021 of this title, or sexual 1
55	55	assault in violation of chapter 72 of this title. 2
56	56	(c) The provisions of this section do not limit or restrict the prosecution for 3
57	57	other offenses arising out of the same conduct, nor shall it limit or restrict 4
58	58	defenses available under common law. 5
59	59	(d) As used in this section: 6
60	60	(1) “Emotional distress” has the same meaning as in subdivision 7
61	61	1061(2) of this title. 8
62	62	(2) “Serious bodily injury” has the same meaning as in subdivision 9
63	63	1021(a)(2) of this title. 10
64	64	(3) “Sexual conduct” has the same meaning as in subdivision 2821(2) of 11
65	65	this title. 12
66	66	Sec. 2. 24 V.S.A. § 1940 is amended to read: 13
67	67	§ 1940. SPECIAL INVESTIGATIVE UNITS; BOARDS; GRANTS 14
68	68	(a) Pursuant to the authority established under section 1938 of this title, and 15
69	69	in collaboration with law enforcement agencies, investigative agencies, 16
70	70	victims’ advocates, child advocacy centers, and social service providers, the 17
71	71	Department of State’s Attorneys and Sheriffs shall coordinate efforts to 18
72	72	provide access in each region of the State to special investigative units that: 19
73	73	(1) shall investigate: 20 BILL AS INTRODUCED H.213
74	74	2025 Page 4 of 9
75	75
76	76
77	77	VT LEG #379816 v.1
78	78	(A) an incident in which a child suffers, by other than accidental 1
79	79	means, serious bodily injury as defined in 13 V.S.A. § 1021; and 2
80	80	(B) potential violations of: 3
81	81	(i) 13 V.S.A. § 2602 (lewd or lascivious conduct with child); 4
82	82	(ii) 13 V.S.A. chapter 60 (human trafficking); 5
83	83	(iii) 13 V.S.A. chapter 64 (sexual exploitation of children); 6
84	84	(iv) 13 V.S.A. chapter 72 (sexual assault); and 7
85	85	(v) 13 V.S.A. § 1379 (sexual abuse of a vulnerable adult); and 8
86	86	(2) may investigate: 9
87	87	(A) an incident in which a child suffers: 10
88	88	(i) bodily injury, by other than accidental means, as defined in 13 11
89	89	V.S.A. § 1021; or 12
90	90	(ii) death; 13
91	91	(B) potential violations of: 14
92	92	(i) 13 V.S.A. § 2601 (lewd and lascivious conduct); 15
93	93	(ii) 13 V.S.A. § 2605 (voyeurism); and 16
94	94	(iii) 13 V.S.A. § 1304 (cruelty to a child); and 17
95	95	(3) may assist with the investigation of other incidents, including 18
96	96	incidents involving domestic violence and crimes against vulnerable adults. 19
97	97	* * * 20 BILL AS INTRODUCED H.213
98	98	2025 Page 5 of 9
99	99
100	100
101	101	VT LEG #379816 v.1
102	102	Sec. 3. 33 V.S.A. § 4915 is amended to read: 1
103	103	§ 4915. ASSESSMENT AND INVESTIGATION 2
104	104	(a) Upon receipt of a report of abuse or neglect, the Department shall 3
105	105	promptly determine whether it constitutes an allegation of child abuse or 4
106	106	neglect as defined in section 4912 of this title. The Department shall respond 5
107	107	to reports of alleged neglect or abuse that occurred in Vermont and to out-of-6
108	108	state conduct when the child is a resident of or is present in Vermont. 7
109	109	(b) If the report is accepted as a valid allegation of abuse or neglect, the 8
110	110	Department shall determine whether to conduct an assessment as provided for 9
111	111	in section 4915a of this title or to conduct an investigation as provided for in 10
112	112	section 4915b of this title. The Department shall begin either an assessment or 11
113	113	an investigation within 72 hours after the receipt of a report made pursuant to 12
114	114	section 4914 of this title, provided that it has sufficient information to proceed. 13
115	115	The Commissioner may waive the 72-hour requirement only when necessary 14
116	116	to locate the child who is the subject of the allegation or to ensure the safety of 15
117	117	the child or social worker. 16
118	118	(c) The decision to conduct an assessment shall include consideration of 17
119	119	the following factors: 18
120	120	(1) the nature of the conduct and the extent of the child’s injury, if any; 19
121	121	(2) the accused person’s prior history of child abuse or neglect, or lack 20
122	122	thereof; and 21 BILL AS INTRODUCED H.213
123	123	2025 Page 6 of 9
124	124
125	125
126	126	VT LEG #379816 v.1
127	127	(3) the accused person’s willingness or lack thereof to accept 1
128	128	responsibility for the conduct and cooperate in remediation. 2
129	129	(d) The Department shall conduct an investigation when an accepted report 3
130	130	involves allegations indicating substantial child endangerment. For purposes 4
131	131	of this section, “substantial child endangerment” includes conduct by an adult 5
132	132	involving or resulting in sexual abuse, and conduct by a person responsible for 6
133	133	a child’s welfare involving or resulting in abandonment, child fatality, 7
134	134	malicious punishment, or abuse or neglect that causes serious physical injury. 8
135	135	The Department may conduct an investigation of any report. 9
136	136	(e) The Department shall begin an immediate investigation if, at any time 10
137	137	during an assessment, it appears that an investigation is appropriate. 11
138	138	(f) The Department may shall collaborate with child protection, law 12
139	139	enforcement, child advocacy centers, empaneled multidisciplinary teams 13
140	140	pursuant to section 4917 of this title, and other departments and agencies 14
141	141	entities in Vermont and other jurisdictions to evaluate risk to a child and to 15
142	142	determine the service needs of the child and family. The Department may 16
143	143	enter into reciprocal agreements with other jurisdictions to further the purposes 17
144	144	of this subchapter. 18
145	145	(g) The Department shall report to and receive assistance from appropriate 19
146	146	law enforcement in the following circumstances: 20 BILL AS INTRODUCED H.213
147	147	2025 Page 7 of 9
148	148
149	149
150	150	VT LEG #379816 v.1
151	151	(1) investigations of child sexual abuse by an alleged perpetrator 10 1
152	152	years of age or older; 2
153	153	(2) investigations of serious physical abuse or neglect requiring 3
154	154	emergency medical care, resulting in death, or likely to result in criminal 4
155	155	charges; 5
156	156	(3) situations potentially dangerous to the child or Department worker; 6
157	157	and 7
158	158	(4) situations where children may have witnessed violence, injury, 8
159	159	coercion, manipulation, or incidents of criminal activity; and 9
160	160	(5) an incident in which a child suffers: 10
161	161	(A) serious bodily injury as defined in 13 V.S.A. § 1021, by other 11
162	162	than accidental means; and 12
163	163	(B) potential violations of: 13
164	164	(i) 13 V.S.A. § 2602 (lewd or lascivious conduct with child); 14
165	165	(ii) 13 V.S.A. chapter 60 (human trafficking); 15
166	166	(iii) 13 V.S.A. chapter 64 (sexual exploitation of children); and 16
167	167	(iv) 13 V.S.A. chapter 72 (sexual assault); 17
168	168	(v) 13 V.S.A. § 1304 (cruelty to a child; torture of a child); 18
169	169	(vi) 13 V.S.A. chapter 19, subchapter 6 (domestic assaults; 19
170	170	offenses committed within presence of a child); or 20
171	171	(vii) 13 V.S.A. § 2601 (lewd and lascivious conduct). 21 BILL AS INTRODUCED H.213
172	172	2025 Page 8 of 9
173	173
174	174
175	175	VT LEG #379816 v.1
176	176	(h) Notwithstanding any law to the contrary, reports, assessments, or 1
177	177	investigations that are not accepted pursuant to the criteria of this section shall 2
178	178	be shared with local child advocacy centers and a member of the local Special 3
179	179	Investigation Unit to evaluate whether to commence a criminal investigation or 4
180	180	to provide support services for the well-being and safety of any children 5
181	181	involved. 6
182	182	Sec. 4. 33 V.S.A. § 4917 is amended to read: 7
183	183	§ 4917. MULTIDISCIPLINARY TEAMS; EMPANELING 8
184	184	(a) The Commissioner or his or her the Commissioner’s designee may 9
185	185	impanel a multidisciplinary team or a special investigative multitask force 10
186	186	team, or both, wherever in the State there may be a probable case of child 11
187	187	abuse or neglect that warrants the coordinated use of several professional 12
188	188	services. These teams shall participate and cooperate with the local special 13
189	189	investigation unit in compliance with 13 V.S.A. § 5415 and 24 V.S.A. § 1940. 14
190	190	(b) The Commissioner or his or her the Commissioner’s designee, in 15
191	191	conjunction with professionals and community agencies, shall appoint 16
192	192	members to the multidisciplinary teams, which may include persons who are 17
193	193	trained and engaged in work relating to child abuse or neglect such as 18
194	194	medicine, mental health, social work, nursing, child care, child advocacy 19
195	195	centers, education, law, or law enforcement. The teams shall include a 20
196	196	representative of the Department of Corrections. Additional persons may be 21 BILL AS INTRODUCED H.213
197	197	2025 Page 9 of 9
198	198
199	199
200	200	VT LEG #379816 v.1
201	201	appointed when the services of those persons are appropriate to any particular 1
202	202	case. 2
203	203	(c) The empaneling of a multidisciplinary or special investigative multi-3
204	204	task multitask force team shall be authorized in writing and shall specifically 4
205	205	list the members of the team. This list may be amended from time to time as 5
206	206	needed as determined by the Commissioner or his or her the Commissioner’s 6
207	207	designee. 7
208	208	Sec. 5. EFFECTIVE DATE 8
209	209	This act shall take effect on July 1, 2025. 9