reglab/housing_qa huggingface dataset:
33 V.S.A. § 5285
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52A - Youthful Offenders|§ 5285. Modification or revocation of disposition

§ 5285. Modification or revocation of disposition|(a) If it appears that the youth has violated the terms of juvenile probation ordered by the court pursuant to subdivision 5284(c)(1) of this title, a motion for modification or revocation of youthful offender status may be filed in the Family Division of the Superior Court. The court shall set the motion for hearing as soon as practicable. The hearing may be joined with a hearing on a violation of conditions of probation under section 5265 of this title. A supervising juvenile or adult probation officer may detain in an adult facility a youthful offender who has attained 18 years of age for violating conditions of probation.(b) A hearing under this section shall be held in accordance with section 5268 of this title.(c) If the court finds after the hearing that the youth has violated the terms of his or her probation, the court may:  (1) maintain the youth's status as a youthful offender, with modified conditions of juvenile probation if the court deems it appropriate; (2) revoke the youth's status as a youthful offender and transfer the case with a record of the petition, affidavit, adjudication, disposition, and revocation to the Criminal Division for sentencing; or (3) transfer supervision of the youth to the Department of Corrections with all of the powers and authority of the Department and the Commissioner under Title 28, including graduated sanctions and electronic monitoring.   (d) If a youth's status as a youthful offender is revoked and the case is transferred to the Criminal Division pursuant to subdivision (c)(2) of this section, the court shall enter a conviction of guilty based on the admission to or finding of merits, hold a sentencing hearing, and impose sentence. Unless it serves the interest of justice, the case shall not be transferred back to the Family Division pursuant to section 5203 of this title. When determining an appropriate sentence, the court may take into consideration the youth's degree of progress toward or regression from rehabilitation while on youthful offender status. The Criminal Division shall have access to all Family Division records of the proceeding. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2017, No. 201 (Adj. Sess.), § 10; 2019, No. 45, § 8, eff. May 30, 2019.)
33 V.S.A. § 5286
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52A - Youthful Offenders|§ 5286. Review prior to 18 years of age

§ 5286. Review prior to 18 years of age|(a) If a youth is on probation as a youthful offender prior to reaching 18 years of age, the Family Division shall review the youth's case before he or she reaches 18 years of age and set a hearing to determine whether the court's jurisdiction over the youth should be continued past 18 years of age. The hearing may be joined with a motion to terminate youthful offender status under section 5285 of this title. The court shall provide notice and an opportunity to be heard at the hearing to the State's Attorney, the youth, the Department for Children and Families, and the Department of Corrections.(b) After receiving a notice of review under this section, the State may file a motion to modify or revoke pursuant to section 5285 of this title. If such a motion is filed, it shall be consolidated with the review under this section and all options provided for under section 5285 of this title shall be available to the court.(c) The following reports shall be filed with the court prior to the hearing:  (1) The Department for Children and Families and the Department of Corrections shall jointly report their recommendations, with supporting justifications, as to whether the Family Division should continue jurisdiction over the youth past 18 years of age and, if continued jurisdiction is recommended, propose a case plan for the youth to ensure compliance with and completion of the juvenile disposition. (2) If the Departments recommend continued supervision of the youthful offender past 18 years of age, the Departments shall report on the services which would be available for the youth.   (d) If the court finds that it is in the best interests of the youth and consistent with community safety to continue the case past 18 years of age, it shall make an order continuing the court's jurisdiction up to 22 years of age. The Department for Children and Families and the Department of Corrections shall jointly develop a case plan for the youth and coordinate services and share information to ensure compliance with and completion of the juvenile disposition.(e) If the court finds that it is not in the best interests of the youth to continue the case past 18 years of age, it shall terminate the disposition order, discharge the youth, and dismiss the case in accordance with subsection 5287(c) of this title. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2019, No. 45, § 9, eff. May 30, 2019.)
33 V.S.A. § 5287
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52A - Youthful Offenders|§ 5287. Termination or continuance of probation

§ 5287. Termination or continuance of probation|(a) A motion or stipulation may be filed at any time in the Family Division requesting that the court terminate the youth's status as a youthful offender and discharge him or her from probation. The motion may be filed by the State's Attorney, the youth, the Department, or the court on its own motion.(b) In determining whether a youth has successfully completed the terms of probation, the court shall consider:  (1) the degree to which the youth fulfilled the terms of the case plan and the probation order; (2) the youth's performance during treatment; (3) reports of treatment personnel; and (4) any other relevant facts associated with the youth's behavior.   (c) If the court finds that the youth has successfully completed the terms of the probation order, it shall terminate youthful offender status, discharge the youth from probation, and file a written order dismissing the Family Division case. The Family Division shall provide notice of the dismissal to the Criminal Division, which shall dismiss the criminal case.(d) Upon discharge and dismissal under subsection (c) of this section, all records relating to the case in the Criminal Division shall be expunged, and all records relating to the case in the Family Court shall be sealed pursuant to section 5119 of this title.(e) If the court denies the motion to discharge the youth from probation, the court may extend or amend the probation order as it deems necessary.(f) Upon the termination of the period of probation, the youth shall be discharged from probation. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2019, No. 124 (Adj. Sess.), § 9.)
33 V.S.A. § 5288
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52A - Youthful Offenders|§ 5288. Rights of victims in youthful offender proceedings

§ 5288. Rights of victims in youthful offender proceedings|(a) The victim in a proceeding involving a youthful offender shall have the following rights:  (1) to be notified by the prosecutor in a timely manner when a court proceeding is scheduled to take place and when a court proceeding to which he or she has been notified will not take place as scheduled; (2) to be present during all court proceedings subject to the provisions of Rule 615 of the Vermont Rules of Evidence and to express reasonably his or her views concerning the offense and the youth; (3) to request notification by the agency having custody of the youth before the youth is released from a residential facility; (4) to be notified by the prosecutor as to the final disposition of the case; (5) to be notified by the prosecutor of the victim's rights under this section.   (b) In accordance with court rules, at a hearing on a motion for youthful offender treatment, the court shall ask if the victim is present and, if so, whether the victim would like to be heard regarding disposition. In ordering disposition, the court shall consider any views offered at the hearing by the victim. If the victim is not present, the court shall ask whether the victim has expressed, either orally or in writing, views regarding disposition and shall take those views into consideration in ordering disposition.(c) No youthful offender proceeding shall be delayed or voided by reason of the failure to give the victim the required notice or the failure of the victim to appear.(d) As used in this section, "victim" shall have the same meaning as in 13 V.S.A. § 5301(4). (Added 2017, No. 72, § 5, eff. July 1, 2018.)
33 V.S.A. § 5301
2021 Vermont Statutes|Title 33 - Human Services|Chapter 53 - Children in Need of Care or Supervision|§ 5301. Taking into custody

§ 5301. Taking into custody|A child may be taken into custody:  (1) pursuant to an order of the Family Division of the Superior Court under the provisions of this chapter; (2) by an officer when the officer has reasonable grounds to believe that the child is in immediate danger from his or her surroundings and that removal from the child's current home is necessary for the child's protection; (3) by an officer when the officer has reasonable grounds to believe that the child has run away from a custodial parent, a foster parent, a guardian, a custodian, a noncustodial parent lawfully exercising parent-child contact, or a care provider. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 238.)
33 V.S.A. § 5302
2021 Vermont Statutes|Title 33 - Human Services|Chapter 53 - Children in Need of Care or Supervision|§ 5302. Request for emergency care order

§ 5302. Request for emergency care order|(a) If an officer takes a child into custody pursuant to section 5301 of this title, the officer shall immediately notify the child's custodial parent, guardian, or custodian and release the child to the care of the child's custodial parent, guardian, or custodian unless the officer determines that the child's immediate welfare requires the child's continued absence from the home.(b) If the officer determines that the child's immediate welfare requires the child's continued absence from the home:  (1) The officer shall remove the child from the child's surroundings, contact the Department, and deliver the child to a location designated by the Department. The Department shall have the authority to make reasonable decisions concerning the child's immediate placement, safety, and welfare pending the issuance of an emergency care order. (2) The officer or a social worker employed by the Department for Children and Families shall prepare an affidavit in support of a request for an emergency care order and provide the affidavit to the State's Attorney. The affidavit shall include: the reasons for taking the child into custody; and to the degree known, potential placements with which the child is familiar; the names, addresses, and telephone number of the child's parents, guardian, custodian, or care provider; the name, address, and telephone number of any relative who has indicated an interest in taking temporary custody of the child. The officer or social worker shall contact the Department and the Department may prepare an affidavit as a supplement to the affidavit of the law enforcement officer or social worker if the Department has additional information with respect to the child or the family.   (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 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.), § 3, eff. Jan. 1, 2009; amended 2015, No. 60, § 7.)
33 V.S.A. § 5303
2021 Vermont Statutes|Title 33 - Human Services|Chapter 53 - Children in Need of Care or Supervision|§ 5303. Procedure for runaway children

§ 5303. Procedure for runaway children|(a) If an officer takes a child into custody pursuant to subdivision 5301(3) of this title, the officer shall deliver the child to:  (1) the child's custodial parent, foster parent, guardian, custodian, or noncustodial parent lawfully exercising parent-child contact; or (2) a shelter designated by the Department pursuant to section 5304 of this title as qualified to assist children who have run away for the purpose of reuniting them with their parents, guardian, or legal custodian.   (b) Upon delivery of a child to a shelter, the shelter program director or his or her designee shall notify the child's parents, guardian, or custodian that the child has been taken into custody and make reasonable efforts to mediate the differences between the parties.(c) A child may remain at a designated shelter for a period not to exceed 21 days.(d) Upon expiration of the 21-day period or sooner at the request of the child or the custodial parent:  (1) the child shall be released to his or her custodial parent, foster parent, guardian, custodian, or noncustodial parent lawfully exercising parent-child contact; or (2) an officer shall seek an emergency care order pursuant to section 5302 of this title.   (e) Unless otherwise ordered by the court, the custody status of the child shall remain the same during the period of time the child is at the shelter. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2017, No. 9, § 1, eff. April 25, 2017.)
33 V.S.A. § 5304
2021 Vermont Statutes|Title 33 - Human Services|Chapter 53 - Children in Need of Care or Supervision|§ 5304. Designated shelters for runaway children

§ 5304. Designated shelters for runaway children|The Commissioner shall designate shelters throughout the State where a child may be housed for a period not to exceed 21 days if he or she is:  (1) taken into custody pursuant to subdivision 5301(3) of this title; or (2) referred by other means described in the policies of the Department for Children and Families. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2017, No. 9, § 2, eff. April 25, 2017.)
33 V.S.A. § 5305
2021 Vermont Statutes|Title 33 - Human Services|Chapter 53 - Children in Need of Care or Supervision|§ 5305. Emergency care order; conditional custody order

§ 5305. Emergency care order; conditional custody order|(a) Transfer of temporary custody. If the Court determines that the child's continued residence in the home is contrary to the child's welfare, the Court may issue an emergency care order transferring temporary custody of the child to the Department pending a temporary care hearing. The determination may be made ex parte, provided that it is reasonably supported by the affidavit prepared in accordance with section 5302 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 5307 of this title; and (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 subject to such conditions and limitations necessary and sufficient to protect the child pending a temporary care hearing, the Court may deny the request for an emergency care order and issue an emergency conditional custody order. An emergency conditional custody order shall contain the date, hour, and place of the temporary care hearing and notice of a parent's right to counsel at the hearing. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)
33 V.S.A. § 5306
2021 Vermont Statutes|Title 33 - Human Services|Chapter 53 - Children in Need of Care or Supervision|§ 5306. Notice of emergency care order and temporary care hearing

§ 5306. 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 of the order, the date, the time, and place of the temporary care hearing, and the parent's 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 such persons.(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 order or conditional custody order, notice of the date, hour, and place of the temporary care hearing, and 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 parent.(c) Failure to locate. The hearing shall not be delayed by reason of not being able to locate either the custodial or noncustodial parent.(d) 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) A representative of 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 the parent is eligible, or may be an attorney who has entered an appearance on behalf of a parent. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)
33 V.S.A. § 5309
2021 Vermont Statutes|Title 33 - Human Services|Chapter 53 - Children in Need of Care or Supervision|§ 5309. Filing of a petition

§ 5309. Filing of a petition|(a) The State's Attorney having jurisdiction shall prepare and file a petition alleging that a child is in need of care or supervision upon the request of the Commissioner or, in the event the child is truant from school, upon the request of the superintendent of the school district in which the child is enrolled or resides. If the State's Attorney fails to file a petition within a reasonable amount of time, the Department or the superintendent of the school district may request that the Attorney General file a petition on behalf of the Department.(b) If the Court has issued an emergency care order placing the child who is the subject of the petition in the temporary legal custody of the Department or has issued a conditional custody order, the State's Attorney shall file the petition on or before the date of the temporary care hearing.(c) 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.(d) Upon the request of the Secretary of Human Services, the State's Attorney may file a petition pursuant to subsection (a) of this section alleging that a 16- to 17.5-year-old youth who is not in the custody of the State is a child in need of care or supervision under subdivision 5102(2)(B)(ii) of this title when the child meets the criteria set forth in subdivision 5102(2)(B)(ii) of this title. The petition shall be accompanied by a report from the Department which sets forth facts supporting the specific criteria of subdivision 5102(2)(B)(ii) of this title and that it is in the best interests of the child to be considered as a child in need of care or supervision. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)
33 V.S.A. § 5310
2021 Vermont Statutes|Title 33 - Human Services|Chapter 53 - Children in Need of Care or Supervision|§ 5310. Petition, contents

§ 5310. Petition, contents|(a) The petition shall be supported by an affidavit of an officer or the Department.(b) The petition shall contain the following:  (1) A concise statement of the facts which support the conclusion that the child is a child in need of care or supervision 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, the custodial and noncustodial parents, 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. (3) Jurisdictional information required pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, 15 V.S.A. chapter 20. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)
33 V.S.A. § 5311
2021 Vermont Statutes|Title 33 - Human Services|Chapter 53 - Children in Need of Care or Supervision|§ 5311. Service of summons and petition; no request for temporary care order

§ 5311. Service of summons and petition; no request for temporary care order|(a) When the State's Attorney files a petition but does not request a temporary care order, the Court shall set a date for a preliminary hearing on the petition no later than 15 days from the date the petition is filed and issue a judicial summons addressed to the custodial parent, guardian, custodian, or care provider. A copy of the petition shall be attached to the summons. The Court shall make reasonably diligent efforts to serve a noncustodial parent with a copy of the summons and petition.(b) The summons shall contain:  (1) the name and address of the person to whom the notice is directed; (2) the date, time, and place for the preliminary hearing on the petition; (3) the name of the minor on whose behalf the petition has been brought; (4) notice of a parent's right to counsel; (5) a statement that the parent, guardian, or custodian may be liable for the cost of the support of a child if the child is placed in the legal custody of the Department; (6) an order directing the parent, guardian, custodian, or care provider to appear at the hearing with the child.   (c) The summons and petition may be served by mailing a copy by certified mail return receipt requested to the child and to the child's parent, guardian, custodian, or care provider. Service of the summons and petition may also be made by any sheriff, deputy, or constable. The Court shall provide a copy of the summons to the State's Attorney and a copy of the summons and petition to the Department and the attorney for the child.(d) Notice and a copy of the petition shall be served on all persons required to receive notice as soon as possible after the petition is filed and at least five days prior to the date set for the preliminary hearing.(e) A party may waive service of the petition and notice by written stipulation or by voluntary appearance at the hearing.(f) Once a parent, guardian, or custodian has been served, the Court shall provide notice of hearing either directly or by mail. The parent shall be responsible for providing the Court with information regarding any changes in address. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)