reglab/housing_qa huggingface dataset:
33 V.S.A. § 5120
2021 Vermont Statutes|Title 33 - Human Services|Chapter 51 - General Provisions|§ 5120. Indian Child Welfare Act

§ 5120. Indian Child Welfare Act|The federal Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., governs any proceeding under this title that pertains to an Indian child, as defined by the Indian Child Welfare Act, and prevails over any inconsistent provision of this title. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009.)
33 V.S.A. § 5121
2021 Vermont Statutes|Title 33 - Human Services|Chapter 51 - General Provisions|§ 5121. Case planning process

§ 5121. Case planning process|The Department shall actively engage families, and solicit and integrate into the case plan the input of the child, the child's family, relatives, and other persons with a significant relationship to the child. Whenever possible, parents, guardians, and custodians shall participate in the development of the case plan. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009.)
33 V.S.A. § 5122
2021 Vermont Statutes|Title 33 - Human Services|Chapter 51 - General Provisions|§ 5122. Misconduct during court proceedings

§ 5122. Misconduct during court proceedings|A person who engages in misconduct while participating in a court proceeding under the juvenile judicial proceedings chapters may be subject to appropriate sanctions, including criminal charges, as provided by relevant law, regulation, rule, or employment policy. The confidentiality requirements of subsection 5110(c) of this title shall not apply to the extent necessary to report and respond to allegations of misconduct under the juvenile judicial proceedings chapters. This section shall not be construed to create a private right of action or a waiver of sovereign immunity. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009.)
33 V.S.A. § 5123
2021 Vermont Statutes|Title 33 - Human Services|Chapter 51 - General Provisions|§ 5123. Transportation of a child

§ 5123. Transportation of a child|(a) The Commissioner for Children and Families shall ensure that all reasonable and appropriate measures consistent with public safety are made to transport or escort a child subject to this chapter in a manner that:  (1) reasonably avoids physical and psychological trauma; (2) respects the privacy of the child; and (3) represents the least restrictive means necessary for the safety of the child.   (b) The Commissioner for Children and Families shall have the authority to select the person or persons who may transport a child under the Commissioner's care and custody.(c) The Commissioner shall ensure supervisory review of every decision to transport a child using mechanical restraints. When transportation with restraints for a particular child is approved, the reasons for the approval shall be documented in writing.(d) It is the policy of the State of Vermont that mechanical restraints are not routinely used on children subject to this chapter unless circumstances dictate that such methods are necessary. (Added 2009, No. 28, § 2, eff. May 21, 2009.)
33 V.S.A. § 5201
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5201. Commencement of delinquency proceedings

§ 5201. Commencement of delinquency proceedings|(a) Proceedings under this chapter shall be commenced by:  (1) transfer to the court of a proceeding from another court as provided in section 5203 of this title; or (2) the filing of a delinquency petition by a State's Attorney.   (b) If the proceeding is commenced by transfer from another court, no petition need be filed; however, the State's Attorney shall provide to the court the name and address of the child's custodial parent, guardian, or custodian and the name and address of any noncustodial parent if known.(c) Any proceeding concerning a child who is alleged to have committed an act specified in subsection 5204(a) of this title after attaining 14 years of age, but not 22 years of age, shall originate in the Criminal Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter and chapter 52A of this title, unless the State's Attorney files the charge directly as a youthful offender petition in the Family Division.[ Subsection (d) effective until July 1, 2022; see also subsection (d) effective July 1, 2022 .](d) Any proceeding concerning a child who is alleged to have committed any offense other than those specified in subsection 5204(a) of this title before attaining 19 years of age shall originate in the Family Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter.[ Subsection (d) effective July 1, 2022; see also subsection (d) effective until July 1, 2022 .](d) Any proceeding concerning a child who is alleged to have committed any offense other than those specified in subsection 5204(a) of this title before attaining 20 years of age shall originate in the Family Division of the Superior Court, provided that jurisdiction may be transferred in accordance with this chapter.(e) [Repealed.](f) If the State requests that custody of the child be transferred to the Department, a temporary care hearing shall be held as provided in subchapter 3 of this chapter.(g) A petition may be withdrawn by the State's Attorney at any time prior to the hearing thereon, in which event the child shall be returned to the custodial parent, guardian, or custodian, the proceedings under this chapter terminated, and all files and documents relating thereto sealed under section 5119 of this title. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 159 (Adj. Sess.), § 2; 2015, No. 153 (Adj. Sess.), § 9, eff. Jan. 1, 2017; 2017, No. 201 (Adj. Sess.), § 13, eff. July 1, 2020; 2017, No. 201 (Adj. Sess.), § 17, eff. July 1, 2022; 2019, No. 45, § 3, eff. May 30, 2019.)
33 V.S.A. § 5202
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5202. Order of adjudication; noncriminal

§ 5202. Order of adjudication; noncriminal|(a)(1) An order of the Family Division of the Superior Court in proceedings under this chapter shall not:   (A) be deemed a conviction of crime; (B) impose any civil disabilities sanctions ordinarily resulting from a conviction; or (C) operate to disqualify the child in any civil service application or appointment.  (2) Notwithstanding subdivision (1) of this subsection, an order of delinquency in proceedings concerning a child who is alleged to have committed a violation of those sections specified in 23 V.S.A. § 801(a)(1) shall be an event in addition to those specified therein, enabling the Commissioner of Motor Vehicles to require proof of financial responsibility under 23 V.S.A. chapter 11.   (b) The disposition of a child and evidence given in a hearing in a juvenile proceeding shall not be admissible as evidence against the child in any case or proceeding in any other court except after a subsequent conviction of a felony in proceedings to determine the sentence. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2017, No. 201 (Adj. Sess.), § 14, eff. July 1, 2020.)
33 V.S.A. § 5205
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5205. Fingerprints; photographs

§ 5205. Fingerprints; photographs|(a) Fingerprint files of a child under the jurisdiction of the court shall be kept separate from those of other persons under special security measures. Inspection of such files shall be limited to law enforcement officers only on a need-to-know basis unless otherwise authorized by the court in individual cases.(b) Copies of fingerprints shall be maintained on a local basis only and not sent to central State or federal depositories except in national security cases.(c) Fingerprints of persons under the jurisdiction of the court shall be removed and destroyed when:  (1) the petition alleging delinquency with respect to which such fingerprints were taken does not result in an adjudication of delinquency; or (2) jurisdiction of the court is terminated, provided that there has been no record of a criminal offense by the child after reaching 16 years of age.   (d) If latent prints are found at the scene of an offense and there is reason to believe that a particular child was involved, the child may be fingerprinted for purposes of immediate comparison, and, if the result is negative, the fingerprint card shall be immediately destroyed.(e) No photograph shall be taken of any child when taken into custody without the consent of the judge unless the case is transferred for criminal proceeding.(f) A person who violates this section shall be imprisoned not more than six months or fined not more than $500.00, or both. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 23, § 15.)
33 V.S.A. § 5206
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5206. Citation of 16- to 18-year-olds

§ 5206. Citation of 16- to 18-year-olds|(a)(1) If a child was over 16 years of age and under 19 years of age at the time the offense was alleged to have been committed and the offense is not specified in subsection (b) of this section, law enforcement shall cite the child to the Family Division of the Superior Court.  (2) If, after the child is cited to the Family Division, the State's Attorney chooses to file the charge in the Criminal Division of the Superior Court, the State's Attorney shall state in the information the reason why filing in the Criminal Division is in the interest of justice.   (b) Offenses for which a law enforcement officer is not required to cite a child to the Family Division of the Superior Court shall include:  (1) 23 V.S.A. §§ 674 (driving while license suspended or revoked); 1128 (accidents\-duty to stop); and 1133 (eluding a police officer). (2) Fish and wildlife offenses that are not minor violations as defined by 10 V.S.A. § 4572. (3) An offense listed in subsection 5204(a) of this title. (Added 2015, No. 153 (Adj. Sess.), § 17; amended 2019, No. 124 (Adj. Sess.), § 6.)
33 V.S.A. § 5206
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5206. Citation of 16- to 19-year-olds

§ 5206. Citation of 16- to 19-year-olds|(a)(1) If a child was over 16 years of age and under 20 years of age at the time the offense was alleged to have been committed and the offense is not specified in subsection (b) of this section, law enforcement shall cite the child to the Family Division of the Superior Court.  (2) If, after the child is cited to the Family Division, the State's Attorney chooses to file the charge in the Criminal Division of the Superior Court, the State's Attorney shall state in the information the reason why filing in the Criminal Division is in the interest of justice.   (b) Offenses for which a law enforcement officer is not required to cite a child to the Family Division of the Superior Court shall include:  (1) 23 V.S.A. §§ 674 (driving while license suspended or revoked); 1128 (accidents\-duty to stop); and 1133 (eluding a police officer). (2) Fish and wildlife offenses that are not minor violations as defined by 10 V.S.A. § 4572. (3) An offense listed in subsection 5204(a) of this title. (Added 2015, No. 153 (Adj. Sess.), § 17; amended 2019, No. 124 (Adj. Sess.), § 6; 2019, No. 124 (Adj. Sess.), § 7, eff. July 1, 2022.)
33 V.S.A. § 5221
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5221. Citation and notice to appear at preliminary hearing

§ 5221. Citation and notice to appear at preliminary hearing|(a) Citation. If an officer has probable cause to believe that a child has committed or is committing a delinquent act and the circumstances do not warrant taking the child into custody pursuant to subchapter 3 of this chapter, the officer may issue a citation to appear before a judicial officer in lieu of arrest.(b) Appearance in Court. A child who receives a citation described in this section shall appear at the Court designated in the citation at the time and date specified in the citation unless otherwise notified by the Court.(c) Notice to parent. The officer who issues the citation shall also issue or cause to be issued a notice to the child's custodial parent, guardian, or custodian. The notice shall indicate the date, time, and place of the preliminary hearing and shall direct the responsible adult to appear at the hearing with the child.(d) Form. The citation to appear shall be dated and signed by the issuing officer and shall direct the child to appear before a judicial officer at a stated time and place. The citation shall state the name of the child to whom it is addressed, the delinquent act that the child is alleged to have committed, and a notice that the child is entitled to be represented by an attorney at the hearing and that an attorney will be appointed for the child if the parent or guardian is indigent and cannot afford an attorney.(e) Filing of citation. The issuing officer shall sign the citation and file the citation and an affidavit as to probable cause with the State's Attorney. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5222
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5222. Petition; contents

§ 5222. Petition; contents|(a) The petition shall be supported by an affidavit as to probable cause. The petition shall contain the following:  (1) A concise statement of the facts which support the conclusion that the child has committed a delinquent act, together with a statement that it is in the best interests of the child that the proceedings be brought. (2) The name, date of birth, telephone number, and residence address, if known, of the child and the custodial and noncustodial parents or the guardian or custodian of the child, if other than parent. If a parent is a participant in the Safe At Home Program pursuant to 15 V.S.A. § 1152, the petition shall so specify.   (b) If a temporary care order has been issued or the State is requesting that custody be transferred to the Commissioner, the petition shall contain jurisdictional information as required by the Uniform Child Custody Jurisdiction and Enforcement Act, 15 V.S.A. chapter 20.(c) A petition alleging a delinquent act may not be amended to allege that a child is in need of care or supervision, and a child who has been adjudged a delinquent child as a result of a delinquency petition may not be subsequently adjudged a child in need of care or supervision, unless a separate petition alleging that the child is in need of care or supervision is filed. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5223
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5223. Filing of petition

§ 5223. Filing of petition|(a) When notice to the child is provided by citation, the State's Attorney shall file the petition and supporting affidavit at least 10 business days prior to the date for the preliminary hearing specified in the citation.(b) The court shall send or deliver a copy of the petition and affidavit to the Commissioner after a finding of probable cause. A copy of the petition and affidavit shall be made available at the State's Attorney's office to all persons required to receive notice, including the noncustodial parent, as soon as possible after the petition is filed and at least five business days prior to the date set for the preliminary hearing. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 153 (Adj. Sess.), § 25.)
33 V.S.A. § 5224
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5224. Failure to appear at preliminary hearing

§ 5224. Failure to appear at preliminary hearing|If a child or custodial parent, guardian, or custodian fails to appear at the preliminary hearing as directed by a citation, the court may issue a summons to appear, an order to have the child brought to court, or a warrant as provided in section 5108 of this title. The summons, order, or warrant shall be served by the law enforcement agency that cited or took the child into custody, or another law enforcement agency acting on its behalf. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 58, § E.204.3, eff. June 11, 2015.)
33 V.S.A. § 5227
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5227. Timelines for pretrial and merits hearing

§ 5227. Timelines for pretrial and merits hearing|(a) Pre-trial hearing. At the preliminary hearing, the Court shall set a date for a pretrial hearing on the petition. The pretrial hearing shall be held within 15 days of the preliminary hearing. In the event there is no admission or dismissal at the pretrial hearing, the Court shall set the matter for a hearing to adjudicate the merits of the petition.(b) Merits hearing. Except for good cause shown, a merits hearing shall be held and merits adjudicated no later than 60 days from the date of the preliminary hearing. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5228
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5228. Constitutional protections for a child in delinquency proceedings

§ 5228. Constitutional protections for a child in delinquency proceedings|A child charged with a delinquent act need not be a witness against, nor otherwise incriminate, himself or herself. Any extrajudicial statement, if constitutionally inadmissible in a criminal proceeding, shall not be used against the child. Evidence illegally seized or obtained shall not be used over objection to establish the charge against the child. A confession out of court is insufficient to support an adjudication of delinquency unless corroborated in whole or in part by other substantial evidence. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5229
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5229. Merits adjudication

§ 5229. Merits adjudication|(a) The parties at a merits hearing in a delinquency proceeding shall be limited to the State's Attorney and the child who is the subject of the petition. A merits adjudication hearing shall not proceed forward unless the child who is the subject of the delinquency petition is present in court.(b) The State shall have the burden of establishing beyond a reasonable doubt that the child has committed a delinquent act.(c) If the child who is the subject of the delinquency petition enters an admission to the petition, the court shall not accept the admission without first addressing the child personally in open court and determining that:  (1) the plea is voluntary; (2) the child understands the nature of the delinquent act charged, the right to contest the charge, and the rights which will be waived if the admission is accepted by the court; and (3) there is a factual basis for the delinquent act charged in the petition.   (d) A merits hearing shall be conducted in accordance with the Vermont Rules of Evidence.(e) If the merits are contested, the court, after hearing the evidence, shall make its findings on the record.(f) If the court finds that the allegations made in the petition have not been established beyond a reasonable doubt, the court shall dismiss the petition and vacate any orders transferring custody to the State or other person or any conditional custody orders.(g) If, based on the child's admission or the evidence presented, the court finds beyond a reasonable doubt that the child has committed a delinquent act, the court shall order the Department to prepare a disposition case plan not later than seven business days before the disposition hearing. In no event shall a disposition hearing be held later than 35 days after a finding that a child is delinquent.(h) The court may proceed directly to disposition providing that the child, the custodial parent, the State's Attorney, and the Department agree. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 153 (Adj. Sess.), § 26.)
33 V.S.A. § 5230
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5230. Disposition case plan

§ 5230. Disposition case plan|(a) Filing of case plan. Following the finding by the court that a child is delinquent, the Department shall file a disposition case plan not later than seven business days before the scheduled disposition hearing. The disposition case plan shall not be used or referred to as evidence prior to a finding that a child is delinquent.(b) Content of case plan. A disposition case plan shall include, as appropriate:  (1) An assessment of the child's medical, psychological, social, educational, and vocational needs. (2) An assessment of the impact of the delinquent act on the victim and the community, including, whenever possible, a statement from the victim. (3) A description of the child's home, school, community, and current living situation. (4) An assessment of the child's and family's strengths and risk factors. (5) Proposed conditions of probation which address the identified risks and provide for, to the extent possible, repair of the harm to victims and the community. Proposed conditions may include a recommendation as to the term of probation. (6) The plan of services shall describe the responsibilities of the child, the parent, guardian, or custodian, the Department, other family members, and treatment providers, including a description of the services required to achieve successful completion of the goals of probation and, if the child has been placed in the custody of the Department, the permanency goal.   (c) Case plan for child in custody. If a child is in the custody of the Commissioner at the time of disposition or if a transfer of custody is requested, the case plan shall include the following additional information:  (1) A permanency goal if the child is in custody. The long-term goal for a child found to be delinquent and placed in the custody of the Department is a safe and permanent home. A disposition case plan shall include a permanency goal and an estimated date for achieving the permanency goal. The plan shall specify whether permanency will be achieved through reunification with a parent, custodian, or guardian; adoption; permanent guardianship; or other permanent placement. In addition to a primary permanency goal, the plan may identify a concurrent permanency goal. (2) A recommendation with respect to custody for the child and a recommendation for parent-child contact if appropriate. (3) A request for child support if the child has been placed in the custody of the Department or the Department recommends a transfer of custody. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 153 (Adj. Sess.), § 27.)