Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 2550 Termination of parental rights
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(a) As used in this section, the term:(1) “Court” means the Family Division of the Superior Court of the Virgin Islands.(2) “Department” means the Department of Human Services.(3) “Reasonable efforts” means the exercise of due diligence and care by the Department to utilize all a…
5 V.I.C. § 2551 Protective supervision; enforcement
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(a) If an order of disposition from a petition alleging abuse or neglect releases a child to the custody of his parents, guardian or other persons responsible for his care, or continues him in such legal custody, the court may place the person having custody of the child, except …
5 V.I.C. § 2552 Order of protection; enforcement
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(a) The court may make an order of protection in assistance of, or as a condition of, any other order authorized under this subchapter. The order of protection may set forth reasonable conditions of behavior to be observed for a specified period by any person who is before the co…
5 V.I.C. § 2553 Protection of religious affiliation
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In placing a child under the guardianship or legal custody of an individual or of a private agency or institution, and in granting adoption, the court shall whenever practicable select a person or agency or institution governed by persons of the same religious faith as that of th…
5 V.I.C. § 2554 Limitation of time on abuse and neglect dispositional orders; application for review; periodic review; modification or revocation of court orders
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(a) A dispositional order authorized pursuant to section 2549 of this title shall remain in force for one year unless the court:(1) in the order authorizes the Department of Social Welfare to terminate the status or conditions sooner if the purposes of the order have been achieve…
5 V.I.C. § 2555 Court Appointed Special Advocates
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The court may appoint a person from a Court Appointed Special Advocates (CASA) Program to represent the interest of abused and neglected children in court proceedings. The court will by court order, court rule, or other written agreement with a CASA Program, define the working re…
5 V.I.C. § 2556 Access to information in the prescription drug monitoring database
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(a) The Department of Human Services may petition the court to allow an investigator investigating child abuse and neglect matters to request information from the prescription drug monitoring database established in 19 V.I.C. § 635b. (b) The court may grant a petition under this …
5 V.I.C. § 2560 Purpose: public policy
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(a) The Virgin Islands recognizes that abandonment can cause injury and death to newborn infants, giving rise to potential civil or criminal liability to parents recognize that they are unable to safely parent. This subchapter is intended to provide a mechanism for a newborn infa…
5 V.I.C. § 2561 Definitions
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(a) As used in this subchapter, unless it is otherwise provided or the context requires a different construction, application, or meaning:(1) “Abuse” means any physical or mental injury inflicted on a child, other than by accidental means, by those responsible for the care and ma…
5 V.I.C. § 2562 Presumptions
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(a) There is a presumption that a person relinquishing a newborn infant, or otherwise causing the newborn infant to be relinquished, in accordance with this subchapter, is the newborn infant’s biological parent and either without expressing an intent to return for the newborn inf…
5 V.I.C. § 2563 Safe Haven Provider requirements
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(a) Every fire station/EMS, and emergency medical facility shall accept and provide all necessary emergency services and care to a relinquished newborn infant or shall obtain emergency medical services by calling for EMS in accordance with this subchapter. After the relinquishmen…
5 V.I.C. § 2564 Signs
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Every Safe Haven Provider that is required to accept a relinquished newborn infant under this chapter must post a sign in a conspicuous place on the exterior of the building, informing persons that a newborn infant may be relinquished at the facility in accordance with this subch…
5 V.I.C. § 2565 Procedures for temporary physical custody of relinquished newborn infants
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(a) The Safe Haven Provider shall take temporary physical custody of a child, without a court order, if the child is personally delivered to a Safe Haven Provider, if:(1) the child is no more than 60 days of age; and(2) the parent delivers, or causes the infant to be delivered to…
5 V.I.C. § 2566 Immunity for relinquishing parent
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(a) The act of relinquishing a newborn infant to staff at a Safe Haven Provider, in accordance with this subchapter does not, by itself, constitute a basis for a finding of abuse, neglect, or abandonment of the newborn pursuant to the laws of this Territory. (b) If there is suspe…
5 V.I.C. § 2567 Anonymity
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If there is no evidence of abuse or neglect of a relinquished newborn infant, the relinquishing parent has the right to remain anonymous and to leave the Safe Haven Provider at any time and not be pursued or followed. Before the relinquishing person leaves the Safe Haven Provider…
5 V.I.C. § 2568 Information for relinquishing parent; public disclosure prohibited
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(a) A Safe Haven Provider that receives a newborn infant relinquished in accordance with this subchapter shall offer an information packet to the relinquishing person and, if possible, shall clearly inform the relinquishing person that acceptance of the information is completely …
5 V.I.C. § 2569 Hospital reporting requirements
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(a) Not later than 12 hours after accepting an infant from a relinquishing person or from staff at a fire station, emergency medical facility, or police station, in accordance with this subchapter, a hospital shall report the relinquishment to the Department for the purpose of tr…
5 V.I.C. § 2570 Department’s duties and procedures
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(a) Once a hospital has made a report to the Department under section 2569(a) of this subchapter, the Department shall arrange to accept physical custody of the relinquished newborn infant and, not later than 48 hours of taking a newborn infant into custody, excluding weekends an…
5 V.I.C. § 2571 Public information
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(a) The Department shall implement a public information program to promote safe placement alternatives for newborn infants. The public information program may include the following elements:(1) Educational and informational materials in print, audio, video, electronic or other me…
5 V.I.C. § 2572 Petition for return of custody
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(a) A relinquishing or non-relinquishing parent of a newborn infant relinquished in accordance with this subchapter may petition for the return of custody of the newborn infant before the termination of parental rights by filing a petition for return of custody in the court in wh…
5 V.I.C. § 2573 Evaluation
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(a) The Department shall collect and analyze information regarding the relinquishment of infants and placement of children under this subchapter. The hospital, fire station, emergency medical facility, police station, and medical professionals accepting and providing services to …
5 V.I.C. § 2574 Construction of subchapter
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Nothing in this subchapter may be construed to preclude the courts of this Territory from exercising their discretion to protect the health and safety of children in individual cases. The best interests and welfare of a child is a paramount consideration in the construction and i…