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2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5261. Powers and responsibilities of the Commissioner regarding juvenile probation

§ 5261. Powers and responsibilities of the Commissioner regarding juvenile probation
The Commissioner shall be charged with the following powers and responsibilities regarding the administration of juvenile probation:
(1) to maintain supervision of juveniles placed on probation;
(2) to supervise the administration of juvenile probation services, including the authority to enter into contracts with community-based agencies to provide probation services, which may include restitution and community service programs, and to establish policies and standards and adopt rules regarding juvenile probation investigation, supervision, casework and caseloads, record-keeping, and the qualification of juvenile probation officers; and
(3) to prescribe rules, consistent with any orders of the court, governing the conduct of juveniles on probation. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5262. Conditions of probation

§ 5262. Conditions of probation
(a) The conditions of probation shall be such as the court in its discretion deems necessary to ensure to the greatest extent reasonably possible that the juvenile will be provided a program of treatment, training, and rehabilitation consistent with the protection of the public interest. The court shall provide as an explicit condition of every juvenile probation certificate that if the juvenile is adjudicated a delinquent or is convicted of an adult crime while on probation, then the court may find the juvenile in violation of the conditions of probation.
(b) The court may, as a condition of probation, require that the juvenile:
(1) Work faithfully for a prescribed number of hours at a community service activity acceptable to the court or, if so ordered by the court, at a community service activity acceptable to a probation officer.
(2) Make restitution or reparation to the victim of the juvenile’s conduct for the damage or injury that was sustained. When restitution or reparation is a condition of probation, the court shall fix the amount thereof. The court shall further determine the amount the juvenile can or will be able to pay and fix the manner of performance. In the alternative, the court may refer the determination of the amount, the ability to pay, and the manner of performance to a restorative justice panel.
(3) Participate in programs designed to develop competencies to enable the child to become a responsible and productive member of the community.
(4) Refrain from purchasing or possessing a firearm or ammunition, any destructive device, or any dangerous weapon unless granted written permission by the court or juvenile probation officer.
(5) Report to a juvenile probation officer at reasonable times as directed by the court or the probation officer.
(6) Permit the juvenile probation officer to visit the juvenile at reasonable times at home or elsewhere.
(7) Remain within the jurisdiction of the court unless granted permission to leave by the court or the probation officer.
(8) Answer all reasonable inquiries by the juvenile probation officer and promptly notify the probation officer of any change in address or employment.
(9) Satisfy any other conditions reasonably related to the juvenile’s rehabilitation.
(10) Reside at home or other location specified by the court.
(11) Attend or reside at an educational or vocational facility or a facility established for the instruction, recreation, or residence of persons on probation.
(12) Work faithfully at suitable employment or faithfully pursue a course of study or of vocational training that will equip the juvenile for suitable employment.
(13) Undergo available medical treatment, participate in psychiatric treatment or mental health counseling, and participate in alcohol or drug abuse assessment or treatment on an outpatient or inpatient basis. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5263. Juvenile probation certificate

§ 5263. Juvenile probation certificate
(a) When a juvenile is placed on probation, the court shall issue a written juvenile probation certificate setting forth:
(1) the name of the juvenile;
(2) the nature of the delinquent act committed by the juvenile;
(3) the date and place of the juvenile delinquency hearing;
(4) the order of the court placing the juvenile on probation; and
(5) the conditions of the juvenile’s probation.
(b) The juvenile probation certificate shall be furnished to and signed by the juvenile and a custodial parent, guardian, or custodian of the child, if other than parent. It shall be fully explained to them, and they shall be informed about the consequences of violating the conditions of probation, including the possibility of revocation of probation. A copy of the juvenile probation certificate shall also be furnished to the Commissioner. The probation certificate is not invalidated if it is not signed as required by this subsection.
(c) The signature of a custodial parent, guardian, or custodian on a probation certificate shall constitute verification that the parent, guardian, or custodian understands the terms of juvenile probation and agrees to facilitate and support the child’s compliance with such terms and to attend treatment programs with the child as recommended by the treatment provider.
(d) The juvenile probation certificate shall be full authority for the exercise by the Commissioner of all the rights and powers over and in relation to the juvenile prescribed by law and by the order of the court. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5264. Modification of conditions

§ 5264. Modification of conditions
(a) During the period of probation, the court, on application of a juvenile probation officer, the State’s Attorney, the juvenile, or on its own motion, may modify the requirements imposed upon the juvenile or add further requirements authorized by section 5262 of this title. A juvenile may request modification of a restitution issue determined by a restorative panel.
(b) Whenever the court proposes any modification of the conditions of probation, the juvenile probationer shall have a reasonable opportunity to contest the modification prior to its imposition. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5265. Violation of conditions of probation

§ 5265. Violation of conditions of probation
(a) If the juvenile fails to comply with conditions of probation, the State’s Attorney, a juvenile probation officer, or the court on its own motion may initiate a proceeding to establish that the juvenile is in violation of probation conditions.
(b) A juvenile probationer shall not be found in violation of conditions of probation unless the juvenile probationer is found to have violated a condition of probation, is again adjudicated a delinquent, or is convicted of a crime. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5266. Summons, apprehension, and prehearing placement of juvenile probationer

§ 5266. Summons, apprehension, and prehearing placement of juvenile probationer
At any time before the discharge of a juvenile probationer or the termination of the period of probation:
(1) The court may summon the juvenile to appear before it or may issue an order for the juvenile’s apprehension and placement in a detention or treatment facility.
(2) Any juvenile probation officer may apprehend a juvenile probationer or may authorize any officer to do so by giving the officer a written statement setting forth that the juvenile has, in the judgment of the juvenile probation officer, violated a condition of probation. The written statement delivered with the juvenile by the apprehending officer to the supervisor of the juvenile detention or treatment facility or residential program to which the juvenile is brought for prehearing placement shall be sufficient authority for maintaining the juvenile in the facility or residential program.
(3) Any juvenile probationer apprehended or placed in accordance with the provisions of this chapter shall have no right of action against the juvenile probation officer or any other person because of such apprehension or placement. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 3, § 94, eff. Feb. 17, 2011.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5267. Previolation hearing

§ 5267. Previolation hearing
(a) Whenever a juvenile probationer is apprehended and placed on the grounds that the juvenile has violated a condition of probation, the juvenile shall be given a hearing before a judicial officer prior to the close of business on the next court business day in order to determine whether there is probable cause to hold the juvenile for a violation hearing. The juvenile and the adult who signed the probation certificate shall be given:
(1) notice of the previolation hearing and its purpose and the allegations of violations of conditions of probation; and
(2) notice of the juvenile’s right to be represented by counsel and right to be assigned counsel if the juvenile is unable to obtain counsel.
(b) At the previolation hearing the juvenile shall be given:
(1) an opportunity to appear at the hearing and present evidence on his or her own behalf; and
(2) upon request, the opportunity to question witnesses against him or her unless, for good cause, the judicial officer decides that justice does not require the appearance of the witness.
(c) If probable cause is found to exist, the juvenile shall be held for a hearing to determine if the juvenile violated the conditions of probation. If probable cause is not found to exist, the proceedings shall be dismissed.
(d) A juvenile held under this section pursuant to a request to find the juvenile in violation of probation may be released by a judicial officer pending hearing or appeal. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 3, § 95, eff. Feb. 17, 2011.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5268. Notice; violation hearing

§ 5268. Notice; violation hearing
(a) The court shall not find a juvenile in violation of the juvenile’s probation without a hearing, which shall be held promptly in the court in which the probation was imposed. If the juvenile is held in detention prior to the hearing, the hearing shall take place at the earliest possible time. Prior to the hearing, the juvenile and the adult who signed the probation certificate shall receive a written notice of the hearing at his or her last known address stating that the juvenile has allegedly violated one or more conditions of probation and which condition or conditions have been violated. At the hearing, the juvenile shall have:
(1) the right to legal counsel if requested by the juvenile probationer or the adult who signed the probation certificate to be assigned by the court in the same manner as in criminal cases;
(2) the right to disclosure of evidence against the juvenile;
(3) the opportunity to appear and to present evidence on the juvenile’s behalf; and
(4) the opportunity to question witnesses against the juvenile.
(b) The State’s Attorney having jurisdiction or the Commissioner shall establish the alleged violation by a preponderance of the evidence if the juvenile probationer contests the allegation. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 105 (Adj. Sess.), § 619, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5269. Disposition alternatives upon violation of conditions of probation

§ 5269. Disposition alternatives upon violation of conditions of probation
If a violation of conditions of probation is established, the court may, in its discretion, modify the conditions of probation or order any of the disposition alternatives provided for in section 5232 of this title. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5270. Final judgment

§ 5270. Final judgment
An order placing a juvenile on probation and a finding that a juvenile violated a condition of probation shall constitute a final judgment. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5271. Discharge from probation

§ 5271. Discharge from probation
(a) The court placing a juvenile on probation may terminate probation and discharge the juvenile at any time.
(b) Upon the termination of the period of probation, the juvenile probationer shall be discharged from probation. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5272. Juvenile Justice Unit; Juvenile Justice Director

§ 5272. Juvenile Justice Unit; Juvenile Justice Director
(a) A Juvenile Justice Unit is created in the Family Services Division of the Department. The Unit shall be headed by a Juvenile Justice Director.
(b) The Juvenile Justice Director shall have the responsibility and authority to monitor and coordinate all State and participating regional and local programs that deal with juvenile justice issues, including prevention, education, enforcement, adjudication, and rehabilitation.
(c) The Juvenile Justice Director shall ensure that the following occur:
(1) development of a comprehensive plan for a coordinated and sustained statewide program to reduce the number of juvenile offenders, involving State, regional, and local officials in the areas of health, education, prevention, law enforcement, corrections, teen activities, and community wellness;
(2) cooperation among State, regional, and local officials; court personnel; service providers; and law enforcement agencies in the formulation and execution of a coordinated statewide juvenile justice program;
(3) cooperation among appropriate departments, including the Department; the Agency of Education; the Departments of Corrections, of Labor, of Mental Health, of Public Safety, and of Disabilities, Aging, and Independent Living; and the Department of Health’s Division of Substance Use Programs;
(4) a study of issues relating to juvenile justice and development of recommendations regarding changes in law and rules, as deemed advisable; and
(5) compilation of data on issues relating to juvenile justice and analysis, study, and organization of such data for use by educators, researchers, policy advocates, administrators, legislators, and the Governor. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 115 (Adj. Sess.), § 8, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5291. Detention or treatment of individuals charged as delinquents in secure facilities for the detention or treatment of delinquent children

§ 5291. Detention or treatment of individuals charged as delinquents in secure facilities for the detention or treatment of delinquent children
(a) Prior to disposition, the court shall have the sole authority to place a child who is in the custody of the Department in a secure facility used for the detention or treatment of delinquent children until the Commissioner determines that a suitable placement is available for the child. The court shall not order placement in a secure facility without a recommendation from the Department that placement in a secure facility is necessary. The court order shall include a finding that no other suitable placement is available and the child presents a risk of injury to himself or herself, to others, or to property.
(b) Absent good cause shown and notwithstanding section 5227 of this title, when a child is placed in a secure facility pursuant to subsection (a) of this section and remains in a secure facility for 45 days following the preliminary hearing, the merits hearing shall be held and merits adjudicated within 45 days of the date of the preliminary hearing or the court shall dismiss the petition with prejudice. If merits have been found, the court shall review the secure facility placement order at the merits hearing.
(c) If a child is placed in a secure facility pursuant to subsection (a) of this section and secure facility placement continues following the merits hearing review pursuant to subsection (b) of this section, the court shall, within 35 days of the merits adjudication:
(1) hold the disposition hearing; or
(2) if disposition is not held within 35 days, hold a hearing to review the continued secure facility placement.
(d) A child placed in a secure facility on an order pursuant to subsection (a), (b), or (c) of this section with a finding that no other suitable placement is available and the child presents a risk of harm to others or to property shall be entitled to an independent, second evidentiary hearing, which shall be a hearing de novo by a single justice of the Vermont Supreme Court. The Chief Justice may make an appointment or special assignment in accordance with 4 V.S.A. § 22 to conduct the de novo hearing required by this subsection. Unless the parties stipulate to the admission of portions of the trial court record, the de novo review shall be a new evidentiary hearing without regard to the record compiled before the trial court.
(e) Following disposition, the Commissioner shall have the sole authority to place a child who is in the custody of the Department in a secure facility for the detention or treatment of delinquent children pursuant to the Department’s administrative policies on admission. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 3, § 96, eff. Feb. 17, 2011; 2017, No. 72, § 6, eff. July 1, 2018; 2019, No. 124 (Adj. Sess.), § 10; 2021, No. 105 (Adj. Sess.), § 620, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5292. Detention in adult facilities of minors charged or adjudicated as delinquents

§ 5292. Detention in adult facilities of minors charged or adjudicated as delinquents
(a) A minor charged with a delinquent act shall not be detained under this chapter in a jail or other facility intended or used for the detention of adults unless the child is alleged to have committed a crime punishable by life imprisonment and it appears to the satisfaction of the court that public safety and protection reasonably require such detention.
(b) A minor who has been adjudicated as a delinquent child shall not by virtue of such adjudication be committed or transferred to an institution or other facility used primarily for the execution of sentences of persons convicted of a crime.
(c) The official in charge of a jail or other facility intended or used for the detention of adult offenders or persons charged with crime shall inform the court immediately when a minor who is or appears to be under the age of 18 years is received at the facility other than pursuant to subsection (a) of this section or section 5293 of this title and shall deliver the minor to the court upon request of the court or transfer the minor to the detention facility designated by the court by order. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52 - Delinquency Proceedings › § 5293. Disposition of minors adjudicated as adult offenders; separation of persons under 18 years from adults

§ 5293. Disposition of minors adjudicated as adult offenders; separation of persons under 18 years from adults
(a) Pretrial detention.
(1) A minor who is under the age of 18 who has been arrested shall not be placed in a facility for adult offenders unless a felony charge has been filed in the Criminal Division of the Superior Court or the Criminal Division of the Superior Court has exercised jurisdiction over the matter and the State’s Attorney has determined that a felony charge will be filed without delay. A minor who is eligible for release under 13 V.S.A. chapter 229 shall be released.
(2)(A) A minor who is under the age of 18 who has been arrested for a misdemeanor shall immediately and without first being taken elsewhere:
(i) be released to his or her custodial parent, guardian, or custodian; or
(ii) be delivered to the Criminal Division of the Superior Court.
(B) If the minor is delivered to the Criminal Division of the Superior Court, the arresting officer shall immediately file written notice thereof with the court together with a statement of the reason for taking the minor into custody. A minor who is eligible for release under 13 V.S.A. chapter 229 shall be released. In the event that the minor is not released:
(i) the minor shall not be detained in a facility for adult offenders; and
(ii) the court shall defer to the Commissioner of Corrections concerning the facility in which the minor shall be detained.
(b) Sentencing of minor. If a minor is convicted of an offense in a court of criminal jurisdiction as an adult, the court shall sentence the minor as an adult.
(c) Placement of minors under 16. The Commissioner of Corrections shall not place a minor under the age of 16 who has been sentenced to a term of imprisonment in a correctional facility used to house adult offenders.
(d) Placement of minors over 16 convicted of felony. The Commissioner of Corrections may place in a facility for adult offenders a minor who has attained the age of 16 but is under the age of 18 who has been convicted of a felony and who has been sentenced to a term of imprisonment.
(e) Placement of minor over 16 convicted of misdemeanor. The Commissioner of Corrections shall not place in a facility for adult offenders a minor who has attained the age of 16 but is under the age of 18 who has been convicted of a misdemeanor.
(f) Transfer of minor at 18th birthday. At the 18th birthday of a minor convicted of a misdemeanor, the Commissioner may transfer the minor to a facility for adult offenders.
(g) Applicability. The provisions of this section shall apply to the commitment of minors to institutions within or outside the State of Vermont. (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 › § 5294. Interests of justice hearing

§ 5294. Interests of justice hearing
Not later than the next business day after a juvenile who is awaiting trial or other legal process and who is treated as an adult for prosecution in the Criminal Division is taken into custody, the court shall hold a hearing and determine whether to issue a written order, pursuant to 34 U.S.C. § 11133(a)(11)(B), that it is in the interests of justice to hold the juvenile in a jail or other secure facility for adults owned or operated by the Department of Corrections and, if such an order is issued, whether to allow sight or sound contact with adult inmates. Hearings held and orders issued pursuant to this section shall conform with the requirements of 34 U.S.C. § 11133(a)(11)(B), including the criteria set forth therein. (Added 2021, No. 160 (Adj. Sess.), § 17, eff. June 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52A - Youthful Offenders › § 5281. Motion in Criminal Division of Superior Court

§ 5281. Motion in Criminal Division of Superior Court
(a) A motion may be filed in the Criminal Division of the Superior Court requesting that a defendant under 22 years of age in a criminal proceeding who had attained 12 years of age but not 22 years of age at the time the offense is alleged to have been committed be treated as a youthful offender. The motion may be filed by the State’s Attorney, the defendant, or the court on its own motion.
(b) Unless the State’s Attorney refers the youth directly to court diversion pursuant to subsection 5280(e) of this title, upon the filing of a motion under this section or the filing of a youthful offender petition pursuant to section 5280 of this title, the Family Division shall hold a hearing pursuant to section 5283 of this title. Pursuant to section 5110 of this title, the hearing shall be confidential. Copies of all records relating to the case shall be forwarded to the Family Division. Conditions of release and any Department of Corrections supervision or custody shall remain in effect until:
(1) the Family Division accepts the case for treatment as a youthful offender and orders conditions of juvenile probation pursuant to section 5284 of this title;
(2) any conditions of release or bail are modified, amended, or vacated pursuant to 13 V.S.A. chapter 229; or
(3) the case is otherwise concluded.
(c)(1) If the Family Division rejects the case for youthful offender treatment pursuant to section 5284 of this title, the case shall be transferred to the Criminal Division. The conditions of release imposed by the Criminal Division shall remain in effect, and the case shall proceed as though the motion for youthful offender treatment or youthful offender petition had not been filed.
(2) Subject to Rule 11 of the Vermont Rules of Criminal Procedure and Rule 410 of the Vermont Rules of Evidence, the Family Division’s denial of the motion for youthful offender treatment and any information related to the youthful offender proceeding shall be inadmissible against the youth for any purpose in the subsequent Criminal Division proceeding.
(d) If the Family Division accepts the case for youthful offender treatment, the case shall proceed to a confidential merits hearing or admission pursuant to sections 5227-5229 of this title. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2019, No. 45, § 5, eff. May 30, 2019.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52A - Youthful Offenders › § 5282. Report from the Department

§ 5282. Report from the Department
(a) Within 30 days after the youth has completed the risk and needs screening pursuant to section 5280 of this title, unless the court extends the period for good cause shown or the State’s Attorney refers the youth directly to court diversion pursuant to subsection 5280(e) of this title, the Department for Children and Families shall file a report with the Family Division of the Superior Court.
(b) A report filed pursuant to this section shall include the following elements:
(1) a recommendation as to whether diversion is appropriate for the youth because the youth is a low to moderate risk to reoffend;
(2) a recommendation as to whether youthful offender status is appropriate for the youth; and
(3) a description of the services that may be available for the youth.
(c) A report filed pursuant to this section is privileged and shall not be disclosed to any person other than:
(1) the Department;
(2) the court;
(3) the State’s Attorney;
(4) the youth, the youth’s attorney, and the youth’s guardian ad litem;
(5) the youth’s parent, guardian, or custodian if the youth is under 18 years of age, unless the court finds that disclosure would be contrary to the best interests of the child;
(6) the Department of Corrections; or
(7) any other person when the court determines that the best interests of the youth would make such a disclosure desirable or helpful. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2017, No. 201 (Adj. Sess.), § 9; 2019, No. 45, § 6, eff. May 30, 2019.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52A - Youthful Offenders › § 5283. Hearing in Family Division

§ 5283. Hearing in Family Division
(a) Timeline. Unless the State’s Attorney refers the youth directly to court diversion pursuant to subsection 5280(e) of this title, a youthful offender consideration hearing shall be held not later than 60 days after the transfer of the case from the Criminal Division or filing of a youthful offender petition in the Family Division.
(b) Notice. Notice of the hearing shall be provided to the State’s Attorney; the youth; the youth’s parent, guardian, or custodian; the Department; and the Department of Corrections.
(c) Hearing procedure.
(1) If the motion 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.
(2) For individuals who had attained 18 years of age but not 22 years of age at the time the act is alleged to have been committed, hearings under 5284(a) of this title shall be open to the public. All other youthful offender proceedings shall be confidential.
(d) Burden of proof. The burden of proof shall be on the moving party to prove by a preponderance of the evidence that a child should be granted youthful offender status. If the court makes the motion, the burden shall be on the youth.
(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. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2019, No. 45, § 7, eff. May 30, 2019.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52A - Youthful Offenders › § 5285. Modification or revocation of disposition

§ 5285. Modification or revocation of disposition
(a) If it appears that the youth has violated the terms of juvenile probation ordered by the court pursuant to subdivision 5284(c)(1) of this title, a motion for modification or revocation of youthful offender status may be filed in the Family Division of the Superior Court. The court shall set the motion for hearing as soon as practicable. The hearing may be joined with a hearing on a violation of conditions of probation under section 5265 of this title. A supervising juvenile or adult probation officer may detain in an adult facility a youthful offender who has attained 18 years of age for violating conditions of probation.
(b) A hearing under this section shall be held in accordance with section 5268 of this title.
(c) If the court finds after the hearing that the youth has violated the terms of his or her probation, the court may:
(1) maintain the youth’s status as a youthful offender, with modified conditions of juvenile probation if the court deems it appropriate;
(2) revoke the youth’s status as a youthful offender and transfer the case with a record of the petition, affidavit, adjudication, disposition, and revocation to the Criminal Division for sentencing; or
(3) transfer supervision of the youth to the Department of Corrections with all of the powers and authority of the Department and the Commissioner under Title 28, including graduated sanctions and electronic monitoring.
(d) If a youth’s status as a youthful offender is revoked and the case is transferred to the Criminal Division pursuant to subdivision (c)(2) of this section, the court shall enter a conviction of guilty based on the admission to or finding of merits, hold a sentencing hearing, and impose sentence. Unless it serves the interest of justice, the case shall not be transferred back to the Family Division pursuant to section 5203 of this title. When determining an appropriate sentence, the court may take into consideration the youth’s degree of progress toward or regression from rehabilitation while on youthful offender status. The Criminal Division shall have access to all Family Division records of the proceeding. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2017, No. 201 (Adj. Sess.), § 10; 2019, No. 45, § 8, eff. May 30, 2019.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52A - Youthful Offenders › § 5286. Review prior to 18 years of age

§ 5286. Review prior to 18 years of age
(a) If a youth is on probation as a youthful offender prior to reaching 18 years of age, the Family Division shall review the youth’s case before he or she reaches 18 years of age and set a hearing to determine whether the court’s jurisdiction over the youth should be continued past 18 years of age. The hearing may be joined with a motion to terminate youthful offender status under section 5285 of this title. The court shall provide notice and an opportunity to be heard at the hearing to the State’s Attorney, the youth, the Department for Children and Families, and the Department of Corrections.
(b) After receiving a notice of review under this section, the State may file a motion to modify or revoke pursuant to section 5285 of this title. If such a motion is filed, it shall be consolidated with the review under this section and all options provided for under section 5285 of this title shall be available to the court.
(c) The following reports shall be filed with the court prior to the hearing:
(1) The Department for Children and Families and the Department of Corrections shall jointly report their recommendations, with supporting justifications, as to whether the Family Division should continue jurisdiction over the youth past 18 years of age and, if continued jurisdiction is recommended, propose a case plan for the youth to ensure compliance with and completion of the juvenile disposition.
(2) If the Departments recommend continued supervision of the youthful offender past 18 years of age, the Departments shall report on the services that would be available for the youth.
(d) If the court finds that it is in the best interests of the youth and consistent with community safety to continue the case past 18 years of age, it shall make an order continuing the court’s jurisdiction up to 22 years of age. The Department for Children and Families and the Department of Corrections shall jointly develop a case plan for the youth and coordinate services and share information to ensure compliance with and completion of the juvenile disposition.
(e) If the court finds that it is not in the best interests of the youth to continue the case past 18 years of age, it shall terminate the disposition order, discharge the youth, and dismiss the case in accordance with subsection 5287(c) of this title. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2019, No. 45, § 9, eff. May 30, 2019.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52A - Youthful Offenders › § 5287. Termination or continuance of probation

§ 5287. Termination or continuance of probation
(a) A motion or stipulation may be filed at any time in the Family Division requesting that the court terminate the youth’s status as a youthful offender and discharge him or her from probation. The motion may be filed by the State’s Attorney, the youth, the Department, or the court on its own motion.
(b) In determining whether a youth has successfully completed the terms of probation, the court shall consider:
(1) the degree to which the youth fulfilled the terms of the case plan and the probation order;
(2) the youth’s performance during treatment;
(3) reports of treatment personnel; and
(4) any other relevant facts associated with the youth’s behavior.
(c) If the court finds that the youth has successfully completed the terms of the probation order, it shall terminate youthful offender status, discharge the youth from probation, and file a written order dismissing the Family Division case. The Family Division shall provide notice of the dismissal to the Criminal Division, which shall dismiss the criminal case.
(d) Upon discharge and dismissal under subsection (c) of this section, all records relating to the case in the Criminal Division shall be expunged, and all records relating to the case in the Family Court shall be sealed pursuant to section 5119 of this title.
(e) If the court denies the motion to discharge the youth from probation, the court may extend or amend the probation order as it deems necessary.
(f) Upon the termination of the period of probation, the youth shall be discharged from probation. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2019, No. 124 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 52A - Youthful Offenders › § 5288. Rights of victims in youthful offender proceedings

§ 5288. Rights of victims in youthful offender proceedings
(a) The victim in a proceeding involving a youthful offender shall have the following rights:
(1) To be notified by the prosecutor in a timely manner:
(A) when a court proceeding is scheduled to take place and when a court proceeding to which the victim has been notified will not take place as scheduled; and
(B) of any conditions of release or conditions of probation and of any restitution unless otherwise limited by court order.
(2) To be present during all court proceedings subject to the provisions of Rule 615 of the Vermont Rules of Evidence; to attend the disposition hearing to present a victim impact statement and to express reasonably the victim’s views concerning the offense and the youth, including testimony in support of the victim’s claim for restitution; and to submit oral or written statements to the court at such other times as the court may allow. The court shall consider the victim’s statement when ordering disposition.
(3) To be notified by the agency having custody of the youth before the youth is released into the community from a secure or staff-secured residential facility.
(4) To be notified by the prosecutor as to the final disposition of the case.
(5) To be notified by the prosecutor of the victim’s rights under this section.
(b) In accordance with court rules, at a hearing on a motion for youthful offender treatment, the court shall ask if the victim is present and, if so, whether the victim would like to be heard regarding disposition. In ordering disposition, the court shall consider any views offered at the hearing by the victim. If the victim is not present, the court shall ask whether the victim has expressed, either orally or in writing, views regarding disposition and shall take those views into consideration in ordering disposition.
(c) No youthful offender proceeding shall be delayed or voided by reason of the failure to give the victim the required notice or the failure of the victim to appear.
(d) As used in this section, “victim” shall have the same meaning as in 13 V.S.A. § 5301(4).
(e) This section 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. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2021, No. 160 (Adj. Sess.), § 12, eff. June 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5301. Taking into custody

§ 5301. Taking into custody
A child may be taken into custody:
(1) pursuant to an order of the Family Division of the Superior Court under the provisions of this chapter;
(2) by an officer when the officer has reasonable grounds to believe that the child is in immediate danger from the child’s surroundings and that removal from the child’s current home is necessary for the child’s protection; and
(3) by an officer when the officer has reasonable grounds to believe that the child has run away from a custodial parent, a foster parent, a guardian, a custodian, a noncustodial parent lawfully exercising parent-child contact, or a care provider. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 238; 2021, No. 105 (Adj. Sess.), § 621, eff. July 1, 2022.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5302. Request for emergency care order

§ 5302. Request for emergency care order
(a) If an officer takes a child into custody pursuant to section 5301 of this title, the officer shall immediately notify the child’s custodial parent, guardian, or custodian and release the child to the care of the child’s custodial parent, guardian, or custodian unless the officer determines that the child’s immediate welfare requires the child’s continued absence from the home.
(b) If the officer determines that the child’s immediate welfare requires the child’s continued absence from the home:
(1) The officer shall remove the child from the child’s surroundings, contact the Department, and deliver the child to a location designated by the Department. The Department shall have the authority to make reasonable decisions concerning the child’s immediate placement, safety, and welfare pending the issuance of an emergency care order.
(2) The officer or a social worker employed by the Department for Children and Families shall prepare an affidavit in support of a request for an emergency care order and provide the affidavit to the State’s Attorney. The affidavit shall include the reasons for taking the child into custody and, to the degree known, potential placements with which the child is familiar; the names, addresses, and telephone number of the child’s parents, guardian, custodian, or care provider; and the name, address, and telephone number of any relative who has indicated an interest in taking temporary custody of the child. The officer or social worker shall contact the Department and the Department may prepare an affidavit as a supplement to the affidavit of the law enforcement officer or social worker if the Department has additional information with respect to the child or the family.
(c) If the child is taken into custody during regular court hours, the State’s Attorney shall immediately file a request for an emergency care order accompanied by the supporting affidavit or direct the immediate return of the child to the child’s custodial parent, guardian, or custodian. If the child is taken into custody after regular court hours or on a weekend or holiday, the State’s Attorney or officer shall contact a judge to request an emergency care order or return the child to the child’s custodial parent, guardian, or custodian. If an order is granted, the State’s Attorney shall file the supporting affidavit with the court on the next day that the court is open.
(d) If the judge denies a request for an emergency care order, the State’s Attorney shall direct the immediate return of the child to the child’s custodial parent, guardian, or custodian. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2015, No. 60, § 7.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5303. Procedure for runaway children

§ 5303. Procedure for runaway children
(a) If an officer takes a child into custody pursuant to subdivision 5301(3) of this title, the officer shall deliver the child to:
(1) the child’s custodial parent, foster parent, guardian, custodian, or noncustodial parent lawfully exercising parent-child contact; or
(2) a shelter designated by the Department pursuant to section 5304 of this title as qualified to assist children who have run away for the purpose of reuniting them with their parents, guardian, or legal custodian.
(b) Upon delivery of a child to a shelter, the shelter program director or his or her designee shall notify the child’s parents, guardian, or custodian that the child has been taken into custody and make reasonable efforts to mediate the differences between the parties.
(c) A child may remain at a designated shelter for a period not to exceed 21 days.
(d) Upon expiration of the 21-day period or sooner at the request of the child or the custodial parent:
(1) the child shall be released to his or her custodial parent, foster parent, guardian, custodian, or noncustodial parent lawfully exercising parent-child contact; or
(2) an officer shall seek an emergency care order pursuant to section 5302 of this title.
(e) Unless otherwise ordered by the court, the custody status of the child shall remain the same during the period of time the child is at the shelter. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2017, No. 9, § 1, eff. April 25, 2017.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5304. Designated shelters for runaway children

§ 5304. Designated shelters for runaway children
The Commissioner shall designate shelters throughout the State where a child may be housed for a period not to exceed 21 days if he or she is:
(1) taken into custody pursuant to subdivision 5301(3) of this title; or
(2) referred by other means described in the policies of the Department for Children and Families. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009; amended 2017, No. 9, § 2, eff. April 25, 2017.)
2023 Vermont Statutes › Title 33 - Human Services › Chapter 53 - Children in Need of Care or Supervision › § 5305. Emergency care order; conditional custody order

§ 5305. Emergency care order; conditional custody order
(a) Transfer of temporary custody. If the court determines that the child’s continued residence in the home is contrary to the child’s welfare, the court may issue an emergency care order transferring temporary custody of the child to the Department pending a temporary care hearing. The determination may be made ex parte, provided that it is reasonably supported by the affidavit prepared in accordance with section 5302 of this title.
(b) Contents of emergency care order. The emergency care order shall contain:
(1) a written finding that the child’s continued residence in the home is contrary to the child’s welfare and the factual allegations that support that finding;
(2) the date, hour, and place of the temporary care hearing to be held pursuant to section 5307 of this title; and
(3) notice of a parent’s right to counsel at the temporary care hearing.
(c) Conditional custody order. If the court determines that the child may safely remain in the custody of the custodial parent, guardian, or custodian subject to such conditions and limitations necessary and sufficient to protect the child pending a temporary care hearing, the court may deny the request for an emergency care order and issue an emergency conditional custody order. An emergency conditional custody order shall contain the date, hour, and place of the temporary care hearing and notice of a parent’s right to counsel at the hearing. (Added 2007, No. 185 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)