Title 33, Human Services

§ 4921. Department’s records of abuse and neglect (a) Record maintenance and disclosure generally. The Commissioner shall maintain all records of all investigations, assessments, reviews, and responses initiated under this subchapter. The Department may use and disclose informati…

§ 4922. Rulemaking (a) On or before April 1, 2026, the Commissioner shall file proposed rules pursuant to 3 V.S.A. chapter 25 implementing the provisions of this subchapter to become effective on September 1, 2026. These shall include: (1) rules setting forth criteria for determi…

§ 4923. Reporting The Commissioner shall publish an annual report regarding reports of child abuse and neglect no later than June 30, for the previous year. The report shall include: (1) The number of reports accepted as valid allegations of child abuse or neglect. (2) The number…

§ 5101. Purposes (a) The juvenile judicial proceedings chapters shall be construed in accordance with the following purposes: (1) to provide for the care, protection, education, and healthy mental, physical, and social development of children coming within the provisions of the j…

§ 5101a. Juvenile justice legislative findings (a) The General Assembly finds and declares as public policy that an effective juvenile justice system protects public safety; connects youths and young adults to age-appropriate services that reduce the risk of reoffense; and, when …

§ 5102. Definitions and provisions of general application As used in the juvenile judicial proceedings chapters: (1) “Care provider” means a person other than a parent, guardian, or custodian who is providing the child with routine daily care but to whom custody rights have not b…

§ 5103. Jurisdiction (a) The Family Division of the Superior Court shall have exclusive jurisdiction over all proceedings concerning a child who is or who is alleged to be a delinquent child or a child in need of care or supervision brought under the authority of the juvenile jud…

§ 5105. Venue and change of venue (a) Proceedings under the juvenile judicial proceedings chapters may be commenced in the county where: (1) the child is domiciled; (2) the acts constituting the alleged delinquency occurred; or (3) the child is present when the proceedings commen…

§ 5106. Powers and duties of Commissioner Subject to the limitations of the juvenile judicial proceedings chapters or those imposed by the court, and in addition to any other powers granted to the Commissioner under the laws of this State, the Commissioner has the following autho…

§ 5107. Contempt power Subject to the laws relating to the procedures therefor and the limitations thereon, the court has the power to punish any person for contempt of court for disobeying an order of the court or for obstructing or interfering with the proceedings of the court …

§ 5108. Authority to issue warrants (a) The court may order a parent, guardian, or custodian to appear at any hearing or to appear at the hearing with the child who is the subject of a petition. (b) If, after being summoned, cited, or otherwise notified to appear, a party fails t…

§ 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 (…

§ 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 th…

§ 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 [Effective January 1, 2027; see also version effective until January 1, 2027 set out above] (a) As used in this section: (1) “Least restrictive” has the same meaning as in section 5130 of this chapter. (2) “Mechanical restraint” has the same mean…

§ 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…

§ 5130. Non-transport related restraint and seclusion [Effective January 1, 2027] (a) As used in this section: (1) “Chemical restraint” means any medication used to manage behavior or restrict freedom of movement that is not a standard treatment or dosage for the individual’s con…

§ 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 (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 charged was alleged to have been committed and the offense charged is an offense not specified in subsection 5204…

§ 5204. Transfer from Family Division of the Superior Court (a) After a petition has been filed alleging delinquency, upon motion of the State’s Attorney and after hearing, the Family Division of the Superior Court may transfer jurisdiction of the proceeding to the Criminal Divis…

§ 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…