reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5109. Subpoena

§ 5109. Subpoena
Upon application of a party or on the court’s own motion, the clerk of the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers at any hearing under the juvenile judicial proceedings chapters. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5110. Conduct of hearings

§ 5110. Conduct of hearings
(a) Hearings under the juvenile judicial proceedings chapters shall be conducted by the court without a jury and shall be confidential.
(b) The general public shall be excluded from hearings under the juvenile judicial proceedings chapters, and only the parties, their counsel, witnesses, persons accompanying a party for the party’s assistance, and such other persons as the court finds to have a proper interest in the case or in the work of the court, including a foster parent or a representative of a residential program where the child resides, may be admitted by the court. An individual without party status seeking inclusion in the hearing in accordance with this subsection may petition the court for admittance by filing a request with the clerk of the court.
(c) There shall be no publicity given by any person to any proceedings under the authority of the juvenile judicial proceedings chapters except with the consent of the child, the child’s guardian ad litem, and the child’s parent, guardian, or custodian. A person who violates this provision may be subject to contempt proceedings pursuant to Rule 16 of the Vermont Rules for Family Proceedings. This subsection shall not prohibit a victim from discussing underlying facts of the alleged offense that resulted in death or physical, emotional, or financial injury to the victim, provided that, unless otherwise provided by law or court order, a victim shall not disclose what occurs during a court proceeding or information learned through a court proceeding that is not an underlying fact of the alleged offense that resulted in death or physical, emotional, or financial injury to the victim.
(d) This section shall not prohibit a victim’s exercise of rights provided by section 5234 of this title and as otherwise provided by law. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009; amended 2015, No. 60, § 6; 2021, No. 160 (Adj. Sess.), § 7, eff. June 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5111. Noncustodial parents

§ 5111. Noncustodial parents
(a) If a child is placed in the legal custody of the Department and the identity of a parent has not been legally established at the time the petition is filed, the court may order that the child and the child’s alleged genetic parents submit to genetic testing and may issue an order establishing parentage pursuant to 15C V.S.A. chapters 1-8 (parentage proceedings). A parentage order issued pursuant to this subsection shall not be deemed to be a confidential record.
(b) If a child is placed in the legal custody of the Department, the Department shall make reasonably diligent efforts to locate a noncustodial parent as early in the proceedings as possible, and notify the court of the noncustodial parent’s address. A hearing shall not be delayed by reason of the inability of the Department to locate or serve a noncustodial parent.
(c) The court may order a custodial parent to provide the Department with information regarding the identity and location of a noncustodial parent.
(d) As soon as his or her address is known, a noncustodial parent shall be served with the petition and a copy of the summons. Thereafter, the court shall mail notices of the hearing to the noncustodial parent. The noncustodial parent shall be responsible for providing the court with information regarding any changes in address. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009; amended 2019, No. 24, § 6.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5112. Attorney and guardian ad litem for child

§ 5112. Attorney and guardian ad litem for child
(a) The court shall appoint an attorney for a child who is a party to a proceeding brought under the juvenile judicial proceedings chapters.
(b) The court shall appoint a guardian ad litem for a child under 18 years of age who is a party to a proceeding brought under the juvenile judicial proceedings chapters. In a delinquency proceeding, a parent, guardian, or custodian of the child may serve as a guardian ad litem for the child, provided that the interests of the parent, guardian, or custodian of the child do not conflict with the interests of the child. The guardian ad litem appointed under this section shall not be a party to that proceeding or an employee or representative of such party. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009; amended 2017, No. 72, § 4; 2021, No. 105 (Adj. Sess.), § 614, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5113. Modification or vacation of orders

§ 5113. Modification or vacation of orders
(a) An order of the court may be set aside in accordance with Rule 60 of the Vermont Rules of Civil Procedure.
(b) Upon motion of a party or the court’s own motion, the court may amend, modify, set aside, or vacate an order on the grounds that a change in circumstances requires such action to serve the best interests of the child. The motion shall set forth in concise language the grounds upon which the relief is requested.
(c) Any order under this section shall be made after notice and hearing; however, the court may waive the hearing upon stipulation of the parties. All evidence helpful in determining the questions presented, including hearsay, may be admitted and relied upon to the extent of its probative value, even though not competent in a hearing on the petition. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5114. Best interests of the child

§ 5114. Best interests of the child
(a) At the time of a permanency review under section 5321 of this title, a modification hearing under section 5113 of this title, or at any time a petition or request to terminate all residual parental rights of a parent without limitation as to adoption is filed by the Commissioner or the attorney for the child, the court shall consider the best interests of the child in accordance with the following:
(1) the interaction and interrelationship of the child with his or her parents, siblings, foster parents, if any, and any other person who may significantly affect the child’s best interests;
(2) the child’s adjustment to his or her home, school, and community;
(3) the likelihood that the parent will be able to resume or assume parental duties within a reasonable period of time;
(4) whether the parent has played and continues to play a constructive role, including personal contact and demonstrated emotional support and affection, in the child’s welfare.
(b) Except in cases where a petition or request to terminate all residual parental rights of a parent without limitation as to adoption is filed by the Commissioner or the attorney for the child, the court shall also consider whether the parent is capable of playing a constructive role, including demonstrating emotional support and affection, in the child’s welfare. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5115. Protective order

§ 5115. Protective order
(a) On motion of a party or on the court’s own motion, the court may make an order restraining or otherwise controlling the conduct of a person if the court finds that such conduct is or may be detrimental or harmful to a child.
(b) The person against whom the order is directed shall be served with notice of the motion and the grounds therefor and be given an opportunity to be heard.
(c) Upon a showing that there is a risk of immediate harm to a child, the court may issue a protective order ex parte. A hearing on the motion shall be held no more than 10 days after the issuance of the order.
(d) The court may review any protective order at a subsequent hearing to determine whether the order should remain in effect.
(e) A person who is the subject of an order issued pursuant to this section and who intentionally violates a provision of the order that concerns contact between the child and that person shall be punished in accordance with 13 V.S.A. § 1030. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5116. Costs and expenses for care of child

§ 5116. Costs and expenses for care of child
(a) The Commissioner may incur such expenses for the proper care, maintenance, and education of a child, including the expenses of medical, surgical, or psychiatric examination or treatment, as the Commissioner considers necessary in connection with proceedings under the juvenile judicial proceedings chapters.
(b) The costs of any proceeding under the juvenile judicial proceedings chapters incurred under the provisions of this title shall be borne by the court.
(c) The court may, in any order of disposition under the juvenile judicial proceedings chapters, make and enforce by levy and execution an order of child support to be paid by the parent of the child.
(d) The court may delegate to the office of magistrate its authority to make and enforce an order of child support to be paid by the parent of a child.
(e) A child support order shall only remain in effect as long as the child who is the subject of the support order is in the legal custody of the Commissioner and placed with someone other than the parent or parents responsible for support.
(f) Except as otherwise provided in section 5119 of this title, orders issued pursuant to this section shall not be confidential.
(g) Notwithstanding subsection 5103(b) of this title, an order terminating a parent’s residual parental rights ends that parent’s obligation to pay child support. However, in no event shall an order terminating residual parental rights terminate an obligation for child support arrearages accrued by the parent prior to the date of the termination of parental rights order. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5127. Victim’s right to presence of victim’s advocate

§ 5127. Victim’s right to presence of victim’s advocate
When a victim in a juvenile or youthful offender proceeding is ordered by the court to attend or has a right to attend the proceeding, the victim may be accompanied at the proceeding by a victim’s advocate. (Added 2021, No. 160 (Adj. Sess.), § 9, eff. June 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5128. Placement of a child into a qualified residential treatment program

§ 5128. Placement of a child into a qualified residential treatment program
(a) Within 60 days of the start of a placement of a child into a qualified residential treatment program by the Commissioner, the Family Division of the Superior Court or the Judicial Master shall review the assessment, determination, and documentation provided by the qualified individual conducting the assessment required pursuant to 42 U.S.C. § 675a. The court or Judicial Master shall determine whether the needs of the child can be met through placement with family members, in a foster family home, or in another approved setting designed to meet specialized needs. If placement in a setting described above is not appropriate, the court or Judicial Master shall consider whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment, and whether such a placement is consistent with the short- and long-term goals for the child, as specified in the case plan for the child.
(b) The court or Judicial Master shall approve or disapprove the placement in a qualified residential treatment program based on the factors considered in subsection (a) of this section and make written findings as to the basis for the determination. The decision and findings shall be submitted to the parties.
(c) Nothing in this section shall be construed to limit the Commissioner’s authority to place a child who is in the Commissioner’s legal custody in a family home or a treatment, rehabilitative, detention, or educational facility or institution as provided in subdivision 5106(4) of this title.
(d) This section shall not apply to children placed in a setting that is intended for the detention of minors. (Added 2021, No. 185 (Adj. Sess.), § E.317, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 51 - General Provisions › § 5129. Information from law enforcement agency

§ 5129. Information from law enforcement agency
(a) Information to all victims in juvenile and youthful offender proceedings. After initial contact between a victim and a law enforcement agency responsible for investigating the offense, the agency shall promptly give in writing to the victim:
(1) an explanation of the victim’s rights under this chapter and chapters 52 and 52A of this title; and
(2) information concerning the availability of:
(A) assistance to victims, including medical, housing, counseling, and emergency services;
(B) compensation for victims under 13 V.S.A. chapter 167 and the name, street address, and telephone number of the Center for Crime Victim Services;
(C) protection for the victim, including protective court orders; and
(D) access by the victim and the offender to records related to the case that are public under the provisions of 1 V.S.A. chapter 5, subchapter 3 (access to public records).
(b) Information to victims of listed crimes. As soon as practicable, the law enforcement agency shall use reasonable efforts to give to the victim of a listed crime, as relevant, all of the following:
(1) information as to the offender’s identity unless inconsistent with law enforcement purposes;
(2) information as to whether the offender has been taken into custody;
(3) the file number of the case and the name, office street address, and telephone number of the law enforcement officer currently assigned to investigate the case;
(4) the prosecutor’s name, office street address, and telephone number;
(5) an explanation that no individual is under an obligation to respond to questions that may be asked outside a courtroom or deposition; and
(6) information concerning any conditions of release imposed on the offender prior to an initial court appearance, unless otherwise limited by court order. (Added 2021, No. 160 (Adj. Sess.), § 8, eff. June 1, 2022.)
2023 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.)
2023 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.)
2023 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; and
(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.)
2023 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; and
(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, 2024.)
2023 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.)
2023 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 that 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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 that 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.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5231. Disposition hearing

§ 5231. Disposition hearing
(a) Timeline. A disposition hearing shall be held no later than 35 days after a finding that a child is delinquent.
(b) Hearing procedure. If disposition is contested, all parties shall have the right to present evidence and examine witnesses. Hearsay may be admitted and may be relied on to the extent of its probative value. If reports are admitted, the parties shall be afforded an opportunity to examine those persons making the reports, but sources of confidential information need not be disclosed.
(c) Standard of proof. If the court terminates the parental rights of one or both parents, the standard of proof on the issue of such termination shall be clear and convincing evidence. On all other issues, the standard of proof shall be a preponderance of the evidence.
(d) Termination of parental rights. If the Commissioner or the attorney for the child seeks an order terminating parental rights of one or both parents and transfer of custody to the Commissioner without limitation as to adoption, the court shall consider the best interests of the child in accordance with section 5114 of this title.
(e) Further hearing. On its own motion or the motion of a party, the court may schedule a further hearing to obtain reports or other information necessary for the appropriate disposition of the case. The court shall make an appropriate order for the temporary care of the child pending a final disposition order. The court shall give scheduling priority to cases in which the child has been removed from the home. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5234a. Rights of victims in delinquency proceedings involving a nonlisted crime

§ 5234a. Rights of victims in delinquency proceedings involving a nonlisted crime
(a) The victim in a delinquency proceeding involving an offense that is not a listed crime shall have the following rights:
(1) To be notified by the prosecutor’s office in a timely manner of the following:
(A) the victim’s rights as provided by law, information regarding how a delinquency proceeding is adjudicated, the confidential nature of juvenile proceedings, and that it is unlawful to disclose confidential information concerning the proceedings;
(B) when a delinquency petition is filed;
(C) the child’s name and the conditions of release ordered for the child or modified by the court unless otherwise limited by court order; and
(D) when a dispositional court proceeding is scheduled to take place and when a court proceeding of which the victim has been notified will not take place as scheduled.
(2) That delinquency has been found and disposition has occurred, any conditions of release or conditions of probation, and any restitution unless otherwise limited by court order.
(3) To file with the court a written or recorded statement of the impact of the delinquent act on the victim and any need for restitution.
(4) To attend the disposition hearing for the sole purpose of presenting to the court a victim impact statement, including testimony in support of the victim’s claim for restitution pursuant to section 5235 of this title. The victim shall not be personally present at any portion of the disposition hearing except to present a victim impact statement or to testify in support of the victim’s claim for restitution unless the court finds that the victim’s presence is necessary in the interest of justice.
(5) To be notified by the agency having custody of the child, if agreed to by the parties, before the child is released into the community from a secure or staff-secured residential facility.
(6) To have the court take the victim’s views into consideration in the court’s disposition order. If the victim is not present, the court shall consider whether the victim has expressed, either orally or in writing, views regarding disposition and shall take those views into account when ordering disposition. The court shall order that the victim be notified as to the identity of the child upon disposition if the court finds that release of the child’s identity to the victim is in the best interests of both the child and the victim and serves the interests of justice.
(b) The prosecutor’s office shall keep the victim informed and consult with the victim through the delinquency proceedings. (Added 2015, No. 153 (Adj. Sess.), § 22; amended 2021, No. 160 (Adj. Sess.), § 11, eff. June 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5251. Taking into custody

§ 5251. Taking into custody
A child may be taken into custody by an officer:
(1) pursuant to the laws of arrest of this State;
(2) pursuant to an order of the court under the provisions of this chapter and chapters 51 and 53 of this title; or
(3) when the officer has reasonable grounds to believe that the child has committed a delinquent act, and that the child’s immediate welfare or the protection of the community, or both, require the child’s removal from the child’s current home. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5252. Request for emergency care order

§ 5252. Request for emergency care order
(a) If an officer takes a child who is alleged to be delinquent into custody, the officer shall immediately notify the child’s custodial parent, guardian, or custodian and release the child to the care of child’s custodial parent, guardian, or custodian unless the officer determines that the child’s immediate welfare or the protection of the community, or both, require the child’s continued removal from the home.
(b) If the officer determines that the child’s immediate welfare, the protection of the community, or both, require the child’s continued removal from the home, the officer shall:
(1) Take the child into custody pending either issuance of an emergency care order or direction from the State’s Attorney to release the child.
(2) Prepare an affidavit in support of a request for an emergency care order. The affidavit shall include the reasons for taking the child into custody and, if known, placements with which the child is familiar; the names, addresses, and telephone numbers of the child’s parents, guardians, or custodians; and the name, address, and telephone number of any relative who has indicated an interest in taking temporary custody of the child. The officer shall contact the Department, and, if the Department has knowledge of the reasons for the removal of the child, the Department may prepare an affidavit as a supplement to the affidavit of the law enforcement officer.
(3) Provide the affidavit to the State’s Attorney.
(c) If the child is taken into custody during regular court hours, the State’s Attorney shall immediately file a request for an emergency care order accompanied by the supporting affidavit or direct the immediate return of the child to the child’s custodial parent, guardian, or custodian. If the child is taken into custody after regular court hours or on a weekend or holiday, the State’s Attorney or officer shall contact a judge to request an emergency care order or return the child to the child’s custodial parent, guardian, or custodian. If an order is granted, the State’s Attorney shall file the supporting affidavit with the Family Division of the Superior Court on the next day that the court is open.
(d) If the judge denies a request for an emergency care order, the State’s Attorney shall direct the immediate return of the child to the child’s custodial parent, guardian, or custodian. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5253. Emergency care order; conditional custody order

§ 5253. Emergency care order; conditional custody order
(a) Transfer of temporary custody.
(1) The court may issue an emergency care order transferring temporary custody of the child to the Department pending a temporary care hearing if the court determines that:
(A) there is probable cause that the child has committed a delinquent act; and
(B) continued residence in the home is contrary to the child’s welfare because:
(i) the child cannot be controlled at home and is at risk of harm to self or others; or
(ii) continued residence in the home will not safeguard the well-being of the child and the safety of the community because of the serious and dangerous nature of the act the juvenile is alleged to have committed.
(2) The determination may be made ex parte, provided that it is reasonably supported by the affidavit prepared in accordance with subsection 5252(b) of this title.
(b) Contents of emergency care order. The emergency care order shall contain:
(1) a written finding that the child’s continued residence in the home is contrary to the child’s welfare and the factual allegations that support that finding;
(2) the date, hour, and place of the temporary care hearing to be held pursuant to section 5255 of this title; 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, the court may deny the request for an emergency care order and issue an emergency conditional custody order. The order shall contain:
(1) conditions and limitations necessary to protect the child, the community, or both;
(2) the date, hour, and place of the temporary care hearing to be held pursuant to section 5255 of this title; and
(3) notice of a parent’s right to counsel at the hearing. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 105 (Adj. Sess.), § 617, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5254. Notice of emergency care order and temporary care hearing

§ 5254. Notice of emergency care order and temporary care hearing
(a) Notice to custodial parent. An officer shall deliver a copy of the emergency care order or conditional custody order to the custodial parent, guardian, or custodian of the child. If delivery cannot be made in a timely manner, the officer shall otherwise notify or cause to be notified the custodial parent, guardian, or custodian of the order; the date, time, and place of the temporary care hearing; and the right to counsel. If the custodial parent, guardian, or custodian cannot be located, the officer shall so certify to the court in an affidavit describing the efforts made to locate the custodial parent, guardian, or custodian.
(b) Notice to noncustodial parent. The Department shall make reasonable efforts to locate any noncustodial parent and provide the noncustodial parent with the emergency care or conditional custody order; notice of the date, hour, and place of the temporary care hearing; and of the right to counsel. If the noncustodial parent cannot be located, the Department shall provide to the court a summary of the efforts made to locate the noncustodial parent.
(c) Notice to other parties. The court shall notify the following persons of the date and time of the temporary care hearing:
(1) The State’s Attorney.
(2) The Department.
(3) An attorney to represent the child.
(4) A guardian ad litem for the child.
(5) An attorney to represent each parent. The attorney may be Court-appointed in the event a parent is eligible, or may be an attorney who has entered an appearance on behalf of a parent. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5257. Filing of initial case plan

§ 5257. Filing of initial case plan
(a) If a temporary care order is issued granting custody to the Commissioner, the Department shall prepare and file with the court an initial case plan for the child and the family within 60 days of the child’s removal from the home. The Department shall provide a copy of the case plan to the parties, their attorneys, and the guardian ad litem.
(b) The initial case plan shall not be used or referred to as evidence prior to a finding that the child has committed a delinquent act. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5258. Postdisposition review and permanency review for delinquents in custody

§ 5258. Postdisposition review and permanency review for delinquents in custody
Whenever custody of a delinquent child is transferred to the Commissioner or the court orders conditional custody of a child, the custody order of the court shall be subject to a postdisposition review hearing pursuant to section 5320 of this title and permanency reviews pursuant to section 5321 of this title. At the permanency review, the court shall review the permanency plan and determine whether the plan advances the permanency goal recommended by the Department. The court may accept or reject the plan, but may not designate a particular placement for a child in the Department’s legal custody. Any conditional custody order shall be subject to review pursuant to section 5258a of this title. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 170 (Adj. Sess.), § 9, eff. Sept. 1, 2016.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5258a. Duration of conditional custody orders postdisposition

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