reglab/housing_qa huggingface dataset:
33 V.S.A. § 5231
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5231. Disposition hearing

§ 5231. Disposition hearing|(a) Timeline. A disposition hearing shall be held no later than 35 days after a finding that a child is delinquent.(b) Hearing procedure. If disposition is contested, all parties shall have the right to present evidence and examine witnesses. Hearsay may be admitted and may be relied on to the extent of its probative value. If reports are admitted, the parties shall be afforded an opportunity to examine those persons making the reports, but sources of confidential information need not be disclosed.(c) Standard of proof. If the Court terminates the parental rights of one or both parents, the standard of proof on the issue of such termination shall be clear and convincing evidence. On all other issues, the standard of proof shall be a preponderance of the evidence.(d) Termination of parental rights. If the Commissioner or the attorney for the child seeks an order terminating parental rights of one or both parents and transfer of custody to the Commissioner without limitation as to adoption, the Court shall consider the best interests of the child in accordance with section 5114 of this title.(e) Further hearing. On its own motion or the motion of a party, the Court may schedule a further hearing to obtain reports or other information necessary for the appropriate disposition of the case. The Court shall make an appropriate order for the temporary care of the child pending a final disposition order. The Court shall give scheduling priority to cases in which the child has been removed from the home. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5234a
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5234a. Rights of victims in delinquency proceedings involving a nonlisted crime

§ 5234a. Rights of victims in delinquency proceedings involving a nonlisted crime|(a) The victim in a delinquency proceeding involving an offense that is not a listed crime shall have the following rights:  (1) To be notified by the prosecutor's office in a timely manner of the following:  (A) his or her rights as provided by law, information regarding how a delinquency proceeding is adjudicated, the confidential nature of juvenile proceedings, and that it is unlawful to disclose confidential information concerning the proceedings; (B) when a delinquency petition is filed; (C) the child's name and the conditions of release ordered for the child or modified by the court if the conditions relate to the victim or a member of the victim's family or current household; and (D) when a dispositional court proceeding is scheduled to take place and when a court proceeding of which he or she has been notified will not take place as scheduled.  (2) That delinquency has been found and disposition has occurred, and any conditions of release or conditions of probation that are related to the victim or a member of the victim's family or current household and any restitution ordered. (3) To file with the court a written or recorded statement of the impact of the delinquent act on the victim and any need for restitution. (4) To attend the disposition hearing for the sole purpose of presenting to the court a victim impact statement, including testimony in support of his or her claim for restitution pursuant to section 5235 of this title. The victim shall not be personally present at any portion of the disposition hearing except to present a victim impact statement or to testify in support of his or her claim for restitution unless the court finds that the victim's presence is necessary in the interest of justice. (5) To have the court take his or her views into consideration in the court's disposition order. If the victim is not present, the court shall consider whether the victim has expressed, either orally or in writing, views regarding disposition and shall take those views into account when ordering disposition. The court shall order that the victim be notified as to the identity of the child upon disposition if the court finds that release of the child's identity to the victim is in the best interests of both the child and the victim and serves the interests of justice.   (b) The prosecutor's office shall keep the victim informed and consult with the victim through the delinquency proceedings. (Added 2015, No. 153 (Adj. Sess.), § 22.)
33 V.S.A. § 5251
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5251. Taking into custody

§ 5251. Taking into custody|A child may be taken into custody by an officer:  (1) pursuant to the laws of arrest of this State; (2) pursuant to an order of the Court under the provisions of this chapter and chapters 51 and 53 of this title; or (3) when the officer has reasonable grounds to believe that the child has committed a delinquent act; and that the child's immediate welfare or the protection of the community, or both, require the child's removal from the child's current home. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5252
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5252. Request for emergency care order

§ 5252. Request for emergency care order|(a) If an officer takes a child who is alleged to be delinquent into custody, the officer shall immediately notify the child's custodial parent, guardian, or custodian and release the child to the care of child's custodial parent, guardian, or custodian unless the officer determines that the child's immediate welfare or the protection of the community, or both, require the child's continued removal from the home.(b) If the officer determines that the child's immediate welfare, the protection of the community, or both, require the child's continued removal from the home, the officer shall:  (1) Take the child into custody pending either issuance of an emergency care order or direction from the State's Attorney to release the child. (2) Prepare an affidavit in support of a request for an emergency care order. The affidavit shall include the reasons for taking the child into custody and, if known, placements with which the child is familiar, the names, addresses, and telephone numbers of the child's parents, guardians, or custodians, and the name, address, and telephone number of any relative who has indicated an interest in taking temporary custody of the child. The officer shall contact the Department, and, if the Department has knowledge of the reasons for the removal of the child, the Department may prepare an affidavit as a supplement to the affidavit of the law enforcement officer. (3) Provide the affidavit to the State's Attorney.   (c) If the child is taken into custody during regular court hours, the State's Attorney shall immediately file a request for an emergency care order accompanied by the supporting affidavit or direct the immediate return of the child to the child's custodial parent, guardian, or custodian. If the child is taken into custody after regular court hours or on a weekend or holiday, the State's Attorney or officer shall contact a judge to request an emergency care order or return the child to the child's custodial parent, guardian, or custodian. If an order is granted, the State's Attorney shall file the supporting affidavit with the Family Division of the Superior Court on the next day that the Court is open.(d) If the judge denies a request for an emergency care order, the State's Attorney shall direct the immediate return of the child to the child's custodial parent, guardian, or custodian. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 238.)
33 V.S.A. § 5253
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5253. Emergency care order; conditional custody order

§ 5253. Emergency care order; conditional custody order|(a)(1) Transfer of temporary custody. The Court may issue an emergency care order transferring temporary custody of the child to the Department pending a temporary care hearing if the Court determines that:   (A) there is probable cause that the child has committed a delinquent act; and (B) continued residence in the home is contrary to the child's welfare because:  (i) the child cannot be controlled at home and is at risk of harm to self or others; or (ii) continued residence in the home will not safeguard the well-being of the child and the safety of the community because of the serious and dangerous nature of the act the juvenile is alleged to have committed.   (2) The determination may be made ex parte, provided that it is reasonably supported by the affidavit prepared in accordance with subsection 5252(b) of this title.   (b) Contents of emergency care order. The emergency care order shall contain:  (1) a written finding that the child's continued residence in the home is contrary to the child's welfare and the factual allegations that support that finding; (2) the date, hour, and place of the temporary care hearing to be held pursuant to section 5255 of this title; (3) notice of a parent's right to counsel at the temporary care hearing.   (c) Conditional custody order. If the Court determines that the child may safely remain in the custody of the custodial parent, guardian, or custodian, the Court may deny the request for an emergency care order and issue an emergency conditional custody order. The order shall contain:  (1) conditions and limitations necessary to protect the child, the community, or both; (2) the date, hour, and place of the temporary care hearing to be held pursuant to section 5255 of this title; (3) notice of a parent's right to counsel at the hearing. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5254
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5254. Notice of emergency care order and temporary care hearing

§ 5254. Notice of emergency care order and temporary care hearing|(a) Notice to custodial parent. An officer shall deliver a copy of the emergency care order or conditional custody order to the custodial parent, guardian, or custodian of the child. If delivery cannot be made in a timely manner, the officer shall otherwise notify or cause to be notified the custodial parent, guardian, or custodian of the order, the date, time, and place of the temporary care hearing, and the right to counsel. If the custodial parent, guardian, or custodian cannot be located, the officer shall so certify to the Court in an affidavit describing the efforts made to locate the custodial parent, guardian, or custodian.(b) Notice to noncustodial parent. The Department shall make reasonable efforts to locate any noncustodial parent and provide the noncustodial parent with the emergency care or conditional custody order, notice of the date, hour, and place of the temporary care hearing and of the right to counsel. If the noncustodial parent cannot be located, the Department shall provide to the Court a summary of the efforts made to locate the noncustodial parent.(c) Notice to other parties. The Court shall notify the following persons of the date and time of the temporary care hearing:  (1) The State's Attorney. (2) The Department. (3) An attorney to represent the child. (4) A guardian ad litem for the child. (5) An attorney to represent each parent. The attorney may be Court-appointed in the event a parent is eligible, or may be an attorney who has entered an appearance on behalf of a parent. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5257
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5257. Filing of initial case plan

§ 5257. Filing of initial case plan|(a) If a temporary care order is issued granting custody to the Commissioner, the Department shall prepare and file with the Court an initial case plan for the child and the family within 60 days of the child's removal from the home. The Department shall provide a copy of the case plan to the parties, their attorneys, and the guardian ad litem.(b) The initial case plan shall not be used or referred to as evidence prior to a finding that the child has committed a delinquent act. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5258
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5258. Postdisposition review and permanency review for delinquents in custody

§ 5258. Postdisposition review and permanency review for delinquents in custody|Whenever custody of a delinquent child is transferred to the Commissioner or the court orders conditional custody of a child, the custody order of the court shall be subject to a postdisposition review hearing pursuant to section 5320 of this title and permanency reviews pursuant to section 5321 of this title. At the permanency review, the court shall review the permanency plan and determine whether the plan advances the permanency goal recommended by the Department. The court may accept or reject the plan, but may not designate a particular placement for a child in the Department's legal custody. Any conditional custody order shall be subject to review pursuant to section 5258a of this title. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 170 (Adj. Sess.), § 9, eff. Sept. 1, 2016.)
33 V.S.A. § 5258a
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5258a. Duration of conditional custody orders postdisposition

§ 5258a. Duration of conditional custody orders postdisposition|(a) Conditional custody orders to parents. Whenever the court issues a conditional custody order transferring custody to a parent either at or following disposition, the presumptive duration of the order shall be no more than six months from the date of the disposition order or the conditional custody order, whichever occurs later, unless otherwise extended by the court after hearing. At least 14 days prior to the termination of the order, any party may file a request to extend the order pursuant to subsection 5113(b) of this title. Upon such motion, the court may extend the order for an additional period of time not to exceed six months. Prior to vacating the conditional custody order, the court may schedule a hearing on its own motion to review the case prior to discharging the conditions. If a motion to extend is not filed, the court shall issue an order vacating the conditions and transferring full custody to the parent without conditions.(b) Custody orders to nonparents.  (1) When the court at disposition issues an order continuing or transferring legal custody with a nonparent pursuant to subdivision 5232(b)(3) of this title, the court shall set the matter for a hearing six months from the date of disposition or custody order, whichever occurs later. At the hearing, the court shall determine whether it is in the best interests of the child to:  (A) transfer either full or conditional custody of the child to a parent; (B) establish a permanent guardianship pursuant to 14 V.S.A. § 2664 with the nonparent who has had custody of the child as the guardian; or (C) terminate residual parental rights and release the child for adoption.  (2) If, after hearing, the court determines that reasonable progress has been made toward reunification and that reunification is in the best interests of the child but will require additional time, the court may extend the current order for a period not to exceed six months and set the matter for further hearing. (Added 2015, No. 170 (Adj. Sess.), § 10, eff. Sept. 1, 2016.)
33 V.S.A. § 5261
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5261. Powers and responsibilities of the Commissioner regarding juvenile probation

§ 5261. Powers and responsibilities of the Commissioner regarding juvenile probation|The Commissioner shall be charged with the following powers and responsibilities regarding the administration of juvenile probation:  (1) to maintain supervision of juveniles placed on probation; (2) to supervise the administration of juvenile probation services, including the authority to enter into contracts with community-based agencies to provide probation services which may include restitution and community service programs and to establish policies and standards and adopt rules regarding juvenile probation investigation, supervision, casework and caseloads, record-keeping, and the qualification of juvenile probation officers; (3) to prescribe rules, consistent with any orders of the Court, governing the conduct of juveniles on probation. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5262
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5262. Conditions of probation

§ 5262. Conditions of probation|(a) The conditions of probation shall be such as the Court in its discretion deems necessary to ensure to the greatest extent reasonably possible that the juvenile will be provided a program of treatment, training, and rehabilitation consistent with the protection of the public interest. The Court shall provide as an explicit condition of every juvenile probation certificate that if the juvenile is adjudicated a delinquent or is convicted of an adult crime while on probation, then the Court may find the juvenile in violation of the conditions of probation.(b) The Court may, as a condition of probation, require that the juvenile:  (1) Work faithfully for a prescribed number of hours at a community service activity acceptable to the Court or, if so ordered by the Court, at a community service activity acceptable to a probation officer. (2) Make restitution or reparation to the victim of the juvenile's conduct for the damage or injury which was sustained. When restitution or reparation is a condition of probation, the Court shall fix the amount thereof. The Court shall further determine the amount the juvenile can or will be able to pay and fix the manner of performance. In the alternative, the Court may refer the determination of the amount, the ability to pay, and the manner of performance to a restorative justice panel. (3) Participate in programs designed to develop competencies to enable the child to become a responsible and productive member of the community. (4) Refrain from purchasing or possessing a firearm or ammunition, any destructive device, or any dangerous weapon unless granted written permission by the Court or juvenile probation officer. (5) Report to a juvenile probation officer at reasonable times as directed by the Court or the probation officer. (6) Permit the juvenile probation officer to visit the juvenile at reasonable times at home or elsewhere. (7) Remain within the jurisdiction of the Court unless granted permission to leave by the Court or the probation officer. (8) Answer all reasonable inquiries by the juvenile probation officer and promptly notify the probation officer of any change in address or employment. (9) Satisfy any other conditions reasonably related to the juvenile's rehabilitation. (10) Reside at home or other location specified by the Court. (11) Attend or reside at an educational or vocational facility or a facility established for the instruction, recreation, or residence of persons on probation. (12) Work faithfully at suitable employment or faithfully pursue a course of study or of vocational training that will equip the juvenile for suitable employment. (13) Undergo available medical treatment, participate in psychiatric treatment or mental health counseling, and participate in alcohol or drug abuse assessment or treatment on an outpatient or inpatient basis. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5263
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5263. Juvenile probation certificate

§ 5263. Juvenile probation certificate|(a) When a juvenile is placed on probation, the Court shall issue a written juvenile probation certificate setting forth:  (1) the name of the juvenile; (2) the nature of the delinquent act committed by the juvenile; (3) the date and place of the juvenile delinquency hearing; (4) the order of the Court placing the juvenile on probation; and (5) the conditions of the juvenile's probation.   (b) The juvenile probation certificate shall be furnished to and signed by the juvenile and a custodial parent, guardian, or custodian of the child, if other than parent. It shall be fully explained to them, and they shall be informed about the consequences of violating the conditions of probation, including the possibility of revocation of probation. A copy of the juvenile probation certificate shall also be furnished to the Commissioner. The probation certificate is not invalidated if it is not signed as required by this subsection.(c) The signature of a custodial parent, guardian, or custodian on a probation certificate shall constitute verification that the parent, guardian, or custodian understands the terms of juvenile probation and agrees to facilitate and support the child's compliance with such terms and to attend treatment programs with the child as recommended by the treatment provider.(d) The juvenile probation certificate shall be full authority for the exercise by the Commissioner of all the rights and powers over and in relation to the juvenile prescribed by law and by the order of the Court. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5264
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5264. Modification of conditions

§ 5264. Modification of conditions|(a) During the period of probation, the Court, on application of a juvenile probation officer, the State's Attorney, the juvenile, or on its own motion may modify the requirements imposed upon the juvenile or add further requirements authorized by section 5262 of this title. A juvenile may request modification of a restitution issue determined by a restorative panel.(b) Whenever the Court proposes any modification of the conditions of probation, the juvenile probationer shall have a reasonable opportunity to contest the modification prior to its imposition. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5265
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5265. Violation of conditions of probation

§ 5265. Violation of conditions of probation|(a) If the juvenile fails to comply with conditions of probation, the State's Attorney, a juvenile probation officer, or the Court on its own motion may initiate a proceeding to establish that the juvenile is in violation of probation conditions.(b) A juvenile probationer shall not be found in violation of conditions of probation unless the juvenile probationer is found to have violated a condition of probation, is again adjudicated a delinquent, or is convicted of a crime. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)