Title 33, Title 33: Human Services

§ 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 genet…

§ 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…

§ 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 ground…

§ 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 t…

§ 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 who…

§ 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 c…

§ 5117. Records of juvenile judicial proceedings (a) Except as otherwise provided, court and law enforcement reports and files concerning a person subject to the jurisdiction of the court shall be maintained separate from the records and files of other persons. Unless a charge of…

§ 5118. Limited exception to confidentiality of records of juveniles maintained by the Family Division of the Superior Court (a) As used in this section: (1) “Delinquent act requiring notice” means conduct resulting in a delinquency adjudication related to a listed crime as defin…

§ 5119. Sealing of records (a)(1) In matters relating to a child who has been adjudicated delinquent on or after July 1, 1996, the court shall order the sealing of all files and records related to the proceeding if two years have elapsed since the final discharge of the person un…

§ 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. (Adde…

§ 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, …

§ 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, …

§ 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 physica…

§ 5124. Postadoption contact agreements (a) Either or both parents and each intended adoptive parent may enter into a postadoption contact agreement regarding communication or contact between either or both parents and the child after the finalization of an adoption by the intend…

§ 5125. Reinstatement of parental rights (a) Petition for reinstatement. (1) A petition for reinstatement of parental rights may be filed by the Department for Children and Families on behalf of a child in the custody of the Department under the following conditions: (A) the chil…

§ 5126. Retention of jurisdiction over certain vulnerable noncitizen children (a) Definitions. As used in this section: (1) “Child” means an unmarried individual who has not yet attained 21 years of age and who is not a U.S. citizen. (2) “Noncitizen” means any person who is not a…

§ 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. …

§ 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 …

§ 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 t…

§ 5201. Commencement of delinquency proceedings (a) Proceedings under this chapter shall be commenced by: (1) transfer to the court of a proceeding from another court as provided in section 5203 of this title; or (2) the filing of a delinquency petition by a State’s Attorney. (b)…

§ 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) ope…

§ 5203. Transfer from other courts [Subsection (a) effective until July 1, 2027; see also subsection (a) effective July 1, 2027 set out below.] (a) If it appears to a Criminal Division of the Superior Court that the defendant was under 19 years of age at the time the offense char…

§ 5204. Transfer from Family Division of the Superior Court [Subsection (a) effective until July 1, 2027; see also subsection (a) effective July 1, 2027, set out below.] (a) After a petition has been filed alleging delinquency, upon motion of the State’s Attorney and after hearin…

§ 5204a. Jurisdiction over adult defendant for crime committed when defendant was under 19 years of age (a) A proceeding may be commenced in the Family Division against a defendant who has attained 18 years of age if: (1) the petition alleges that the defendant: (A) before attain…

§ 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 …

§ 5206. Citation of 16- to 19-year-olds [Section 5206 effective July 1, 2027; see also section 5206 effective until July 1, 2027 set out above] (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 …

§ 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 …

§ 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…

§ 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 de…

§ 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 prov…

§ 5225. Preliminary hearing; risk assessment (a) Preliminary hearing. A preliminary hearing shall be held at the time and date specified on the citation or as otherwise ordered by the court. If a child is taken into custody prior to the preliminary hearing, the preliminary hearin…

§ 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…

§ 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, sh…

§ 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 th…

§ 5230. Disposition case plan (a) Filing of case plan. Following the finding by the court that a child is delinquent, the Department shall file a disposition case plan not later than seven business days before the scheduled disposition hearing. The disposition case plan shall not…

§ 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 …

§ 5232. Disposition order (a) If a child is found to be a delinquent child, the court shall make such orders at disposition as may provide for: (1) the child’s supervision, care, and rehabilitation; (2) the protection of the community; (3) accountability to victims and the commun…

§ 5234. Rights of victims in delinquency proceedings involving a listed crime (a) The victim in a delinquency proceeding involving 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) when a delinqu…

§ 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 fo…

§ 5235. Juvenile restitution (a) Restitution shall be considered in every case in which a victim of a delinquent act has suffered a material loss. For purposes of this section, “material loss” means uninsured property loss, uninsured out-of-pocket monetary loss, uninsured lost wa…

§ 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 g…

§ 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…

§ 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 pro…

§ 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…

§ 5255. Temporary care hearing (a) A temporary care hearing shall be held within 72 hours of the issuance of an emergency care order or conditional custody order under section 5253 of this title. State holidays shall be excluded from the computation of 72 hours. If the custodial …

§ 5256. Temporary care order (a) The court shall order that custody be returned to the child’s custodial parent, guardian, or custodian unless the court finds by a preponderance of the evidence that return to the home would be contrary to the welfare of the child because of any o…