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2023 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.)
2023 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 that 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.)
2023 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 that 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 and of the custodial and noncustodial parents, or of 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; amended 2021, No. 105 (Adj. Sess.), § 622, eff. July 1, 2022.)
2023 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; and
(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; amended 2021, No. 105 (Adj. Sess.), § 623, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5312. Failure to appear at preliminary hearing

§ 5312. Failure to appear at preliminary hearing
(a) If a parent, guardian, or custodian has been served by certified mail with the petition and notice of hearing and fails to appear at the preliminary hearing, the court may order that the parent, guardian, or custodian be served with a judicial summons ordering the person to appear in court with the child at a specified date and time.
(b) If, after being summoned to appear, the parent, guardian, or custodian fails to appear or fails to bring the child to court as ordered, the court may issue a pick-up order or warrant pursuant to section 5108 of this title. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5313. Timelines for pretrial and merits hearing

§ 5313. Timelines for pretrial and merits hearing
(a) Pretrial hearing. At the time of the temporary care hearing or at the preliminary hearing on the petition if there is no request for temporary legal custody, the court shall set a pretrial hearing on the petition. The hearing shall be held within 15 days of the temporary care hearing or the preliminary hearing. In the event that there is no admission or dismissal at or before the pretrial hearing, the court shall set the matter for a hearing to adjudicate the merits of the petition.
(b) Merits hearing. If the child who is the subject of the petition has been removed from the legal custody of the custodial parent, guardian, or custodian pursuant to a temporary care order, a merits hearing shall be held and merits adjudicated no later than 60 days from the date the temporary care order is issued, except for good cause shown. In all other cases, merits shall be adjudicated in a timely manner in the best interests of the child. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5314. Filing of initial case plan

§ 5314. Filing of initial case plan
(a) If a temporary care order is issued transferring legal custody of the child 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 removal of a child from 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 a child is in need of care or supervision. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5315. Merits adjudication

§ 5315. Merits adjudication
(a) At a hearing on the merits of a petition, the State shall have the burden of establishing by a preponderance of the evidence that the child is in need of care and supervision. In its discretion, the court may make findings by clear and convincing evidence.
(b) The parties may stipulate to the merits of the petition. Such stipulation shall include a stipulation as to the facts that support a finding that the child is in need of care and supervision.
(c) If the merits are contested, all parties shall have the right to present evidence on their own behalf and to examine witnesses.
(d) A merits hearing shall be conducted in accordance with the Vermont Rules of Evidence. A finding of fact made after a contested temporary care hearing based on nonhearsay evidence may be adopted by the court as a finding of fact at a contested merits hearing, provided that a witness who testified at the temporary care hearing may be recalled by any party at a contested merits hearing to supplement his or her testimony.
(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, the court shall dismiss the petition and vacate any temporary orders in connection with this proceeding. A dismissal pursuant to this subsection is a final order subject to appeal.
(g) If the court finds that the allegations made in the petition have been established based on the stipulation of the parties or on the evidence if the merits are contested, the court shall order the Department to prepare a disposition case plan not later than seven business days before a scheduled disposition hearing. An adjudication pursuant to this subsection is not a final order subject to appeal separate from the resulting disposition order.
(h) The court in its discretion and with the agreement of the parties may waive the preparation of a disposition case plan and proceed directly to disposition based on the initial case plan filed with the court pursuant to section 5314 of this title. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2015, No. 153 (Adj. Sess.), § 28.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5315a. Merits stipulation

§ 5315a. Merits stipulation
(a) At any time after the filing of the CHINS petition and prior to an order of adjudication on the merits, the court may approve a written stipulation to the merits of the petition and any or all elements of the disposition plan, including the permanency goal, placement, visitation, or services.
(b) The court may approve a written stipulation if:
(1) the parties to the petition, as defined in subdivision 5102(22) of this title, agree to the terms of the stipulation; and
(2) the court determines that:
(A) the agreement between the parties is voluntary;
(B) the parties to the agreement understand the nature of the allegation; and
(C) the parties to the agreement understand the rights waived if the court approves of and issues an order based upon the stipulation. (Added 2015, No. 153 (Adj. Sess.), § 29.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5316. Disposition case plan

§ 5316. Disposition case plan
(a) Following a finding by the court that a child is in need of care or supervision, the Department shall file a disposition case plan ordered pursuant to subsection 5315(g) of this title not later than seven business days before the scheduled disposition hearing.
(b) A disposition case plan shall include, as appropriate:
(1) The long-term goal for a child found to be in need of care and supervision 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 custodial parent, guardian, or custodian; adoption; permanent guardianship; or other permanent placement. In addition to a primary permanency goal, the plan may identify a concurrent permanency goal.
(2) An assessment of the child’s medical, psychological, social, educational, and vocational needs.
(3) A description of the child’s home, school, community, and current living situation.
(4) An assessment of the family’s strengths and risk factors, including a consideration of the needs of children and parents with disabilities, provided that the child’s needs are given primary consideration.
(5) A statement of family changes needed to correct the problems necessitating State intervention, with timetables for accomplishing the changes.
(6) A recommendation with respect to legal custody for the child and a recommendation for parent-child contact and sibling contact, if appropriate.
(7) A plan of services that shall describe the responsibilities of the child; the parents, guardian, or custodian; the Department; other family members; and treatment providers, including a description of the services required to achieve the permanency goal. The plan shall also address the minimum frequency of contact between the social worker assigned to the case and the family.
(8) A request for child support.
(9) Notice to the parents that failure to accomplish substantially the objectives stated in the plan within the time frames established may result in termination of parental rights. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2015, No. 23, § 62; 2015, No. 153 (Adj. Sess.), § 30.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5317. Disposition hearing

§ 5317. Disposition hearing
(a) Timeline. A disposition hearing shall be held no later than 35 days after a finding that a child is in need of care and supervision.
(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 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 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 at disposition terminating the parental rights of one or both parents and transfer of legal 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 on 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 home. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5319. Parent-child contact and contact with siblings and relatives

§ 5319. Parent-child contact and contact with siblings and relatives
(a) The court shall order parent-child contact unless the court finds that it is necessary to deny parent-child contact because the protection of the physical safety or emotional well-being of the child so requires. Except for good cause shown, the order shall be consistent with any existing parent-child contact order.
(b) The court may determine the reasonable frequency and duration of parent-child contact and may set such conditions for parent-child contact as are in the child’s best interests, including whether parent-child contact should be unsupervised or supervised. The court may allocate the costs of supervised visitation.
(c) Parent-child contact may be modified by stipulation or upon motion of a party or upon the court’s own motion pursuant to section 5113 of this title.
(d) The court may terminate a parent-child contact order in a juvenile proceeding upon a finding that:
(1) a parent has without good cause failed to maintain a regular schedule of contact with the child and that the parent’s failure to exercise regular contact has had a detrimental impact on the emotional well-being of the child; or
(2) continued parent-child contact in accordance with the terms of the prior order will have a detrimental impact on the physical or emotional well-being of the child.
(e) Upon motion of the child’s attorney, the court may also order contact between the child and the child’s siblings, an adult relative with whom the child has a significant relationship, or an adult friend with whom the child has a significant relationship.
(f) Failure to provide parent-child contact due to the child’s illness or other good cause shall not constitute grounds for a contempt or enforcement proceeding against the Department. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5320. Postdisposition review hearing

§ 5320. Postdisposition review hearing
The court shall hold a review hearing within 60 days of the date of the disposition order for the purpose of monitoring progress under the disposition case plan and reviewing parent-child contact. Notice of the review shall be provided to all parties. A foster parent, preadoptive parent, relative caregiver, or any custodian of the child shall be provided with notice of any post disposition review hearings and an opportunity to be heard at the hearings. Nothing in this section shall be construed as affording such person party status in the proceeding. This section shall not apply to cases where full custody has been returned to one or both parents unconditionally at disposition, or cases where the court has created a permanent guardianship at disposition. The Department shall, and any other party or caregiver may, prepare a written report to the court regarding progress under the plan of services specified in the disposition case plan. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2015, No. 170 (Adj. Sess.), § 7, eff. Sept. 1, 2016.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5320a. Duration of conditional custody orders postdisposition

§ 5320a. 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 5318(a)(2) or (a)(7) 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.), § 11, eff. Sept. 1, 2016.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5322. Placement of a child in a facility used for treatment of delinquent children

§ 5322. Placement of a child in a facility used for treatment of delinquent children
A child found by the court to be a child in need of care and supervision shall not be placed in or transferred to an institution used solely for the treatment or rehabilitation of delinquent children unless the child has been charged with or adjudicated as having committed a delinquent act. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 57 - Interstate Compact on Juveniles › § 5726. Rulemaking

§ 5726. Rulemaking
(a) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
(b) Rulemaking shall occur pursuant to the criteria set forth in this section and the bylaws and rules adopted under it. Such rulemaking shall substantially conform to the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act as the Interstate Commission deems appropriate, consistent with due process requirements under the United States and Vermont Constitutions. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Commission.
(c) When promulgating a rule, the Interstate Commission shall, at a minimum:
(1) publish the proposed rule’s entire text, stating the reason for the proposed rule;
(2) allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record and made publicly available;
(3) provide an opportunity for an informal hearing if petitioned by 10 or more persons; and
(4) promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
(d) The Interstate Commission shall allow any interested person to file a petition for judicial review of a rule not later than 60 days after the rule is promulgated. The petition shall be filed in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located. If the court finds that the Interstate Commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.
(e) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.
(f) The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this chapter shall be null and void 12 months after the second meeting of the Interstate Commission created by section 5723 of this title.
(g) Upon determination by the Interstate Commission that a state of emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures of this section shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule. (Added 2009, No. 108 (Adj. Sess.), § 12, eff. July 1, 2010.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 57 - Interstate Compact on Juveniles › § 5727. Oversight; enforcement; dispute resolution

§ 5727. Oversight; enforcement; dispute resolution
(a) Oversight.
(1) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
(b) Dispute resolution.
(1) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.
(2) The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and noncompacting states. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(3) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in section 5731 of this title. (Added 2009, No. 108 (Adj. Sess.), § 12, eff. July 1, 2010.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 57 - Interstate Compact on Juveniles › § 5728. Finance

§ 5728. Finance
(a) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
(b) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state, and the Interstate Commission shall promulgate a rule binding upon all compacting states which governs said assessment.
(c) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet them. The Interstate Commission shall not pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws, provided that all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission. (Added 2009, No. 108 (Adj. Sess.), § 12, eff. July 1, 2010.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 57 - Interstate Compact on Juveniles › § 5729. State council

§ 5729. State council
Each member state shall create a State Council for Interstate Juvenile Supervision. Each state may determine the membership of its own state council, provided that its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator, or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council shall advise and may exercise oversight and advocacy concerning that state’s participation in Interstate Commission activities and other duties as may be determined by that state, including development of policy concerning operations and procedures of the compact within that state. (Added 2009, No. 108 (Adj. Sess.), § 12, eff. July 1, 2010.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 57 - Interstate Compact on Juveniles › § 5730. Compacting states; effective date; amendment

§ 5730. Compacting states; effective date; amendment
(a) Any state as defined in subdivision 5722(12) of this title is eligible to become a compacting state.
(b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
(c) The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states. (Added 2009, No. 108 (Adj. Sess.), § 12, eff. July 1, 2010.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 57 - Interstate Compact on Juveniles › § 5732. Severability; construction

§ 5732. Severability; construction
(a) The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally construed to effectuate its purposes. (Added 2009, No. 108 (Adj. Sess.), § 12, eff. July 1, 2010.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 57 - Interstate Compact on Juveniles › § 5733. Binding effect; other laws

§ 5733. Binding effect; other laws
(a) Other laws.
(1) Nothing in this chapter prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
(2) All compacting states’ laws other than state Constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
(b) Binding effect of compact.
(1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
(2) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective, and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective. (Added 2009, No. 108 (Adj. Sess.), § 12, eff. July 1, 2010.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5906. Placement authority [Contingently enacted]

§ 5906. Placement authority [Contingently enacted]
(a) Except as otherwise provided in this Compact, no child subject to this Compact shall be placed into a receiving state until approval for such placement is obtained.
(b) If the public child placing agency in the receiving state does not approve the proposed placement, then the child shall not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the Interstate Commission. Such determination is not subject to judicial review in the sending state.
(c) If the proposed placement is not approved, any interested party shall have standing to seek an administrative review of the receiving state’s determination.
(1) The administrative review and any further judicial review associated with the determination shall be conducted in the receiving state pursuant to its applicable Administrative Procedures Act.
(2) If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be deemed approved; provided, however, that all administrative or judicial remedies have been exhausted or the time for such remedies has passed. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5908. Interstate Commission for the Placement of Children [Contingently enacted]

§ 5908. Interstate Commission for the Placement of Children [Contingently enacted]
The member states hereby establish, by way of this Compact, a commission known as the “Interstate Commission for the Placement of Children.” The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:
(1) Be a joint commission of the member states and shall have the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states.
(2) Consist of one commissioner from each member state who shall be appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program. The appointed commissioner shall have the legal authority to vote on policy related matters governed by this Compact binding the state.
(A) Each member state represented at a meeting of the Interstate Commission is entitled to one vote.
(B) A majority of the member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
(C) A representative shall not delegate a vote to another member state.
(D) A representative may delegate voting authority to another person from the state for a specified meeting.
(3) In addition to the commissioners of each member state, the Interstate Commission shall include persons who are members of interested organizations as defined in the bylaws or rules of the Interstate Commission. Such members shall be ex officio and shall not be entitled to vote on any matter before the Interstate Commission.
(4) Establish an executive committee that shall have the authority to administer the day-to-day operations and administration of the Interstate Commission. It shall not have the power to engage in rulemaking. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5909. Powers and duties of the Interstate Commission [Contingently enacted]

§ 5909. Powers and duties of the Interstate Commission [Contingently enacted]
The Interstate Commission shall have the following powers:
(1) To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this Compact.
(2) To provide for dispute resolution among member states.
(3) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the Interstate Compact, its bylaws, rules, or actions.
(4) To enforce compliance with this Compact or the bylaws or rules of the Interstate Commission pursuant to section 5907 of this title.
(5) Collect standardized data concerning the interstate placement of children subject to this Compact as directed through its rules, which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements.
(6) To establish and maintain offices as may be necessary for the transacting of its business.
(7) To purchase and maintain insurance and bonds.
(8) To hire or contract for services of personnel or consultants as necessary to carry out its functions under the Compact and establish personnel qualification policies and rates of compensation.
(9) To establish and appoint committees and officers, including but not limited to an executive committee as required by section 5910 of this title.
(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services and to receive, utilize, and dispose thereof.
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
(13) To establish a budget and make expenditures.
(14) To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
(15) To report annually to the legislatures, governors, the judiciary, and state advisory councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
(16) To coordinate and provide education, training, and public awareness regarding the interstate movement of children for officials involved in such activity.
(17) To maintain books and records in accordance with the bylaws of the Interstate Commission.
(18) To perform such functions as may be necessary or appropriate to achieve the purposes of this Compact. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5913. Financing of the Commission [Contingently enacted]

§ 5913. Financing of the Commission [Contingently enacted]
(a) The Interstate Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(b) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff that must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved by its members each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.
(c) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
(d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5914. Member states; effective date and amendment [Contingently enacted]

§ 5914. Member states; effective date and amendment [Contingently enacted]
(a) Any state is eligible to become a member state.
(b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no fewer than 35 states. The effective date shall be the later of July 1, 2007 or upon enactment of the Compact into law by the 35th state. Thereafter it shall become effective and binding as to any other member state upon enactment of the Compact into law by that state. The executive heads of the state human services administration with ultimate responsibility for the child welfare program of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states.
(c) The Interstate Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5915. Withdrawal and dissolution [Contingently enacted]

§ 5915. Withdrawal and dissolution [Contingently enacted]
(a) Withdrawal.
(1) Once effective, the Compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the Compact specifically repealing the statute that enacted the Compact into law.
(2) Withdrawal from this Compact shall be by the enactment of a statute repealing the same. The effective date of withdrawal shall be the effective date of the repeal of the statute.
(3) The withdrawing state shall immediately notify the president of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the withdrawing state. The Interstate Commission shall then notify the other member states of the withdrawing state’s intent to withdraw.
(4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal.
(5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the members of the Interstate Commission.
(b) Dissolution of Compact.
(1) This Compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the Compact to one member state.
(2) Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 59 - Interstate Compact on the Placement of Children [Contingently Enacted] › § 5916. Severability and construction [Contingently enacted]

§ 5916. Severability and construction [Contingently enacted]
(a) The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.
(b) The provisions of this Compact shall be liberally construed to effectuate its purposes.
(c) Nothing in this Compact shall be construed to prohibit the concurrent applicability of other interstate compacts to which the states are members. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)